Teacher Sentenced to Just One Year For Raping Student!

This is a partial transcript from "Hannity & Colmes," January 4, 2007, that has been edited for clarity.

BOB BECKEL, GUEST HOST: We continue with our weeklong look into teacher sex predators.

Thirty-year-old Margaret De Barraicuawas arrested after Sacramento police found her having sex with a 16-year-old boy in her car. Not only was the boy one of her special education students, but the woman's toddler was strapped into a car seat just inches away.

After pleading guilty to four felony counts of statutory rape, De Barraichua was handed just one year in the county lockup.

Joining us now is De Barraichua's lawyer, Phil Cozens, and former prosecutor Ann Bremner.

Phil, four counts, felony counts. You're either a very, very good lawyer or you've got a very lenient judge. I mean, how in the world after four counts does she get away with one year in jail?

PHIL COZENS, DE BARRAICUA'S ATTORNEY: Well, in California we have a different sentencing structure than the federal structure. And so, they consider not only what happened in the case but also her personal life. And so her personal life was pretty remarkable, and so that's why the judge was going to give her a chance on probation.

BECKEL: Can you give us an insight into what her personal life might have been that could contributed to this kind of outrageous behavior?

COZENS: Well, I don't know what contributed to this type of outrageous behavior, but she had been a scholar in college, she tutored a number of people at her college.

She had volunteered at a number of handicapped children, teaching them art and other things. And she had a number of activities. She had taken care of a person who'd had Alzheimer's disease from the last stages of their life until death.

BECKEL: But somebody who does all that does not do this. And so I'm wondering — I mean, are we dealing with somebody here who has some mental problems? I mean, how do you — if you assist special education people and Alzheimer's and others — let me just move over and asks Ann a question.

Ann, is this something — are we overdramatizing this? I mean, you can't overdramatize the facts of this case.

COZENS: Yes.

BECKEL: But there have been four or five teachers now in the last year that have had this problem. The most notable one is the one in Washington state who got back several years in jail, married her — the 12-year-old boy she was with. But is this usual, or is this unusual or what?

ANN BREMNER, FORMER PROSECUTOR: Well, I actually handled the civil case out here in Seattle with Mary Kay Letourneau where the young man sued the police and school district for not protecting him from Mary Kay Letourneau, and now they're married. Go figure.

We're seeing more and more of these cases, like deja vu all over again. And the women shouldn't be treated differently. This is the case where, you know, it's hard to have a good story — you know, interrupted by a fact. And the fact is that she's strictly liable for what she did and should be treated like a man.

SEAN HANNITY, CO-HOST: Let me go to you, Phil. I can't imagine what I'm hearing. Let's imagine, for the sake of our audience, that it's a 30-year-old, a 29-year-old man and a 16-year-old girl.

You can brag all that you want. The man is a scholar and tutor and he volunteers to help the handicapped. He's helping people with Alzheimer's disease and he has sex with a 15-, 16-year-old and gets one year in jail. And it's your daughter. And it's your daughter.

COZENS: It's my daughter?

HANNITY: Yes. Is that fair? Is that justice?

COZENS: Well, if it was my daughter, first of all, I don't know that I would be — I'd treat it differently than a regular person's case. My daughter, I might tell her, look, why did you do that? Why were you involved in that? But that's a parent issue, not a legal issue.

HANNITY: Blame the victim.

The woman is a teacher in a position of power. This is a student of hers. And she took advantage of him. Your client had sex in front of her 2-year-old kid and gets one year in jail? You don't see anything wrong with that?

COZENS: Obviously, there was something wrong with it, because she agreed to do the one year in the county jail.

HANNITY: So in other words, that's too severe a punishment for you?

COZENS: You know, I think it was on this particular case. There are facts in different cases which would justify a state prison sentence.

HANNITY: You know something? You would not act like — you would — you know something? This is rape. This is four felonies. These are children. She's in a position of power. And now she's free to do it again after one year. That's a disgrace.

You ought to be ashamed of yourself for representing a person like this.

COZENS: No, I don't think so. I don't think that you're familiar with the facts in this case.

HANNITY: I am. Did he — did she have sex with a 16-year-old? Yes.

COZENS: She did.

HANNITY: She did. Did she have sex with a 2-year-old in the car?

COZENS: Her 2-year-old was asleep in the car. That's right.

HANNITY: OK, so I am familiar with the facts of the case, sir. So the fact of the case is that she took advantage of a student, and she raped him. And it's four felonies. And she's out on the street after one year, and you're saying that's too much of a penalty.

COZENS: Let me ask you — you're not listening. Did you read the statement in mitigation regarding her, the 40 pages and 40 letters?

HANNITY: I could care less about her helping the Alzheimer's patient. That's not a mitigating circumstance.

BECKEL: Let me get a question here in. Why is it that we're seeing these stories about women teachers, as opposed to male teachers? You don't see that many stories about male teachers. Is this something that really is a woman teacher issue?

BREMNER: Well, there's equality now with men and women. But I mean, the fact is that we're seeing more and more of these cases and they've become notorious. Mary Kay Letourneau's case shocked the world.

But the fact is, age of consent 18 in California. And women and men will be treated the same. They should be.

HANNITY: You know what? Just because she did a few good deeds, and they are good deeds, helping people with Alzheimer's, doesn't mitigate the rape part.

COZENS: Unlawful intercourse.

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