Why won't Colorado pass Jessica's Law?

Jesse Watters confronts the lawmaker who is holding back law that protects children from sexual predators


This is a RUSH transcript from "The O'Reilly Factor," March 04, 2013. This copy may not be in its final form and may be updated.

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O'REILLY: "Factor follow-up" segment tonight. As you know, we are on a campaign to get all 50 states to pass Jessica's Law which mandates tough mandatory prison sentences for first-time child rapist.

Colorado one of the six states doesn't have Jessica's Law. In fact, the full legislature won't even be allowed to vote on it because one man, one man, Speaker of the House Mark Ferrandino. Jesse Watters caught up with him a few days ago.


WATTERS: You're not protecting the kids from sexual predators in passing Jessica's Law. Why is that?

FERRANDINO: Well, no DA's. The DA has actually opposed Jessica's Law. So have victim rights groups in Colorado. In 2009, the DA has come out in opposition to the bill. They haven't supported it still. We have very strong laws.

WATTERS: You actually don't have strong laws because let me give you a few examples. 800 times a guy just sexually assaulted a seventh grader and just got one year of work release. Ok? Another guy.

FERRANDINO: I can't speak.

WATTERS: Another guy molested --

FERRANDINO: Excuse me.

WATTERS: -- 10 kids at a day care center and only got two years in prison.

FERRANDINO: I don't know your specific cases you are citing.

WATTERS: Are you ok with those sentences?

FERRANDINO: Those sentences aren't right if that's what -- I have to look at the details of those cases. But, the cases in Colorado and from all the DA's I've talked to. All the people in criminal justice think that the laws we have are strong enough and are tougher than Jessica's Law.

WATTERS: Well how come just recently a 41-year-old soccer coach repeatedly raped a 13-year-old girl and only got two years in prison?

FERRANDINO: Specifically, I still do not know the specifics of the cases you are talking about.

WATTERS: 44 other states --

FERRANDINO: -- I'm sorry.

WATTERS: Passed Jessica's Law. 44 other states have Jessica's Law and you guys think you are smarter? Is that true?

FERRANDINO: No. I think we know what's in Colorado's best interest.


O'REILLY: Joining us now from Denver, radio talk show host Michael Brown, former director of FEMA for the Bush administration. Mr. Brown, what do you think is really going on here? What's the -- you know, this guy, if he cared about Jessica's Law, he would have researched it, Ferrandino, he doesn't know anything. He doesn't know about all of these poor sentences for these child rapists. He doesn't know, he doesn't know, he doesn't know. It's his job to know because he torpedoed the law. So what's really going on here?

MICHAEL BROWN, FORMER FEMA DIRECTOR: Well, I think, Bill, first of all, that was a -- that was a great interview by Jesse. And I think what you're witnessing in Colorado is this progressive mentality that says evil does not exist. And if evil does exist, well, then we can have a victim's rights group that can work on these people and we can change them and we can bring them to see the error of their ways which I think most studies prove just doesn't happen.

They are being driven by this insanity that everybody just needs to be, you know, coddled, everybody needs to get therapy, and everybody will be ok. It's total insanity what's happening in this state.

Let me have one quick point.

O'REILLY: Now -- go ahead.

BROWN: Can I add one thing?


BROWN: He talked about, for example, how district attorneys are all opposed to this bill. Well, you know, for example right now we have a big gun debate going on. District attorneys are opposed to those bills. So it's this selective use of people that are for or against something.

O'REILLY: Well, I mean, let's put it to a vote. I mean, this -- this guy Ferrandino, he wouldn't even put up to the floor of the legislature to vote on it.

BROWN: That's exactly right.

O'REILLY: He put it into a committee that he knew was going to kill it, yet the same guy that you are looking at, he's with gay marriage, he's a big gay marriage guy. He's big marijuana legalizer. There he is.

And when I worked in Colorado more than 30 years ago Jessica's Law would have passed like that when I was there. It wasn't even close. All right but now as you said you have this influx of people from the outside who want to impose a secular paradise much like they have in Boulder, Colorado where the university is. And that's infected the entire state.

BROWN: It has infected -- well, actually, let me narrow that down. It's infected the entire power structure. I think most of the state, if you get outside Denver. The average Coloradan would say this is insane what's happening. And they would say let's vote for it.

But the power structure within the front-range along the Denver- Boulder axis, that is exactly what's going on. And to not even put it up for a debate. Look I criticize Republicans last year on the civil union's bill because they wouldn't bring that for a debate. They sent it to a kill committee. And now he is doing exactly the same thing. At least let the representatives of the people vote on this bill.

O'REILLY: That's right. That's right. And Hickenlooper, the governor, I think he would sign it but he is a weasel, too. So we're not even sure that he would. But I think he would if it ever, if it passed.

All right, keep an eye on it, Mr. Brown. And we certainly will. And good work by Watters.

When we come right back, there will be plenty more ahead.

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