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Watters' World: Bad judge edition

This is a RUSH transcript from "The O'Reilly Factor," September 17, 2013. This copy may not be in its final form and may be updated.

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O'REILLY: "Back of the Book" segment tonight, "Watters' World." On August 26th, Montana Judge Todd Baugh sentenced 54-year-old Stacey Rambold to just 30 days in prison for raping a 14-year-old girl.

(BEGIN VIDEO CLIP)

Tragically, that girl, Cherice Moralez, committed suicide two years after the statutory rape charge. Her mother is saying the crime contributed to the suicide.

After Judge Baugh rendered the sentence, many Montanans were outraged and Cherice's mother screamed obscenities in the courtroom. The state then moved against Baugh and the sentence may be changed.

Asked to explain his leniency, Judge Baugh said, quote, "The 14-year- old was as much in control of the situation as her defendant, the adult rapist." Outrageous doesn't even come close.

Jude Baugh has been running from the press. But Jesse Watters finally caught up with him.

(BEGIN VIDEOTAPE)

(BEGIN VIDEO CLIP)

SARAH GRAVLEE, ABC FOX MONTANA NEWS ANCHOR: Judge G. Todd Baugh sentenced the former senior high teacher --

JAY KOHN, Q2 CO-ANCHOR: Stacey Rambold will now serve 30 days for raping a 14-year-old student. The student later committed suicide.

(END VIDEO CLIP)

UNIDENTIFIED FEMALE 1: For that sentencing, it's really ridiculous.

UNIDENTIFIED MALE 1: Well, obviously a mistake. It looks like a terrible decision. When he said she was older than a 14-year-old, that makes actually no sense."

(BEGIN VIDEO CLIP)

VOICE OF UNIDENTIFIED MALE REPORTER: He suggested in court, a 14- year-old student raped by a senior high school teacher, Stacey Rambold, held at least some responsibility for the rape.

(END VIDEO CLIP)

JESSE WATTERS, FOX NEWS CORRESPONDENT: Prosecutors asked for 10 years hard time.

UNIDENTIFIED MALE 2: Seems like a life sentence. I agree. And certainly, the judge made some comments that were improper, which he admitted.

(BEGIN VIDEO CLIP)

G. TODD BAUGH, MONTANA JUDGE: What I said was demeaning to all women. I owe all of our fellow citizens an apology.

(END VIDEO CLIP)

UNIDENTIFIED MALE 3: There's something wrong and I think that the community needs to step up.

(BEGIN VIDEO CLIP)

(APPLAUSE)

(END VIDEO CLIP)

JANINE ALLEN: I talk to him and I put him in a housing unit. He doesn't think it's fair. He doesn't think it's fair. He doesn't like the notoriety in the paper like anybody else.

UNIDENTIFIED FEMALE 2: I was a 14-year-old that was raped myself. The emotion is overwhelming because it just proves little value we have on our little girls.

WATTERS: Come here. It's all right.

Isn't the judge supposed to be trying to protect the public.

UNIDENTIFIED MALE 4: Should be, yes.

WATTERS: So, he's sending a message to the young girls that it might be their fault.

UNIDENTIFIED MALE 5: That's right, that you attract these kind of people to you.

(BEGIN VIDEO CLIP)

JEANELLE SLADE, Q2 CO-ANCHOR: Well, community members now calling for a protest and a local judge to resign.

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UNIDENTIFIED MALE 6: Quite honestly, I think the guy is pretty incompetent.

UNIDENTIFIED MALE 1: This is one bad decision he had made over a long period of time. So, I tend to believe that I think he'll be -- well, he could finish out his term but, reelection, that's a pretty tall order.

WATTERS: What would you expect the sentence to be for taking advantage of a 14-year-old girl.

UNIDENTIFIED FEMALE 1: Oh, my gosh. He should be in prison for a long time.

UNIDENTIFIED MALE 3: Fifteen, 20 years.

UNIDENTIFIED MALE 4: Next 10, 15 years. Teach him a lesson.

WATTERS: Your daughter, what was she like.

AULIEA HANLON, MOTHER OF RAPE VICTIM CHERICE GONZALEZ: Energetic, artistic, very artistic.

(BEGIN VIDEO CLIP)

She used to write poetry and -- she was just fabulous.

WATTERS: This guy violated your daughter and, now, could be out in just a few weeks from jail. How are you processing that.

(END VIDEO CLIP)

HANLON: I'm going to let karma handle that because I don't believe he'll be safe.

WATTERS: Hey, judge. Good morning, Jesse Watters of Fox News. How are you doing. You had a guy who repeatedly raped a 14-year-old girl and you gave him just 30 days in jail. Can you explain that, please.

BAUGH: Fifteen years suspended.

WATTERS: But 30 days in jail. You think that's an appropriate sentence, judge. What if that had been your daughter. What if that had been your daughter.

What if that had been your daughter, judge.

BAUGH: Excuse me.

WATTERS: Judge, you answer the question.

You seem like you had a lot of faith.

HANLON: Yes, in people. Yes, in God definitely. I'm still standing so, you know, I've got to be doing something right.

(END VIDEOTAPE)

O'REILLY: OK, here's Watters. Now, let's go over this thing. There is a chance that this guy is going to get a stiffer sentence. The state is going to go back and pose it, right.

WATTERS: Yes, it's an illegal sentence under Montana State Law. It's a two-year mandatory minimum --

(BEGIN VIDEO CLIP)

for statutory rape --

O'REILLY: So, Baugh not only --

WATTERS: -- on a 14-year-old.

O'REILLY: Right. Not only did he give an outrageous sentence but it was illegal.

WATTERS: It was an illegal sentence.

(END VIDEO CLIP)

So, he tried to have a do-over and tried to change the sentence but the Montana Supreme Court intercepted it and said, "No, no, no."

(BEGIN VIDEO CLIP)

This is going to have to go through the National Appeals process.

So, the state is appealing, which could take almost a year and a half. Meanwhile, the perp could be out in October.

REILLY: But wait a minute though. Why didn't they want to just fast- track it, the Montana Supreme Court.

WATTERS: They said it could take between six months and a year and a half for it finally to go through the judicial process of appeal.

O'REILLY: When he gets out of jail in October, if he does, --

(END VIDEO CLIP)

-- does he have to stay at home, you know, since -- what, what --

WATTERS: No, there's no monitoring of him.

O'REILLY: Nothing.

WATTERS: He has to go through sex offender treatment. And, actually, what happened, he failed and was kicked out of the last sex offender treatment he had. He had contact with minors, OK, --

O'REILLY: Before the statutory rape?

WATTERS: Before, he was going --

O'REILLY: So, this wasn't a first-time offense for this guy.

WATTERS: No, they deferred the prosecution because when she --

O'REILLY: So, he's done it before.

WATTERS: No, no, no. When they defer prosecution --

(BEGIN VIDEO CLIP)

-- so, when she committed suicide, they had no witness to testify against him, so the state said, "We're going to give three-year sex offender treatment."

(END VIDEO CLIP)

And he failed out of it. That's why the state came back and said, "No, we want a 10-year hard time."

O'REILLY: Oh, so it was all about this case.

WATTERS: Exactly.

O'REILLY: And the girl who committed suicide, did she leave a note. Did she say anything on the suicide note.

(BEGIN VIDEO CLIP)

WATTERS: She did not leave a note but what we hear was she was being tortured by her peers and verbally abused because --

(END VIDEO CLIP)

-- of this whole case going public.

O'REILLY: Because of this.

WATTERS: Yes, because of the statutory rape.

O'REILLY: All right. Watters, thank you very much.

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