Why Isn't an Illegal Immigrant Being Prosecuted For Child Molestation?

This is a partial transcript from "The O'Reilly Factor," January 4, 2007, that has been edited for clarity.

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BILL O'REILLY, HOST: Now for the "Top Story" tonight. How could something like this happen in northern Wisconsin. Joining us, a former D.A. of Waukesha County Paul Bucher, and from Washington, FOX News criminal analyst Detective Rod Wheeler, who has been talking to local cops. What did you find out about the case, detective?

ROD WHEELER, FOX NEWS CRIMINAL ANALYST: Bill, if there ever was an abomination of justice this is exactly what that is. I cannot believe for the life of me, and nor can the police up there, the sheriff's office that I spoke with today, they were just as stunned because of the fact that it was nothing that they could really do. And you know, Bill, we've talked about this several times before.

Local law enforcement, their hands are tied in terms of what they can do. They must operate by the orders of the court. And when this judge or this commissioner up in Wisconsin let this guy walk, the cops were livid about it and they had every right to be so.

O'REILLY: Now, Mr. Bucher, maybe you can explain, this is the judge, Atkinson. He didn't make the bail assignment. OK? A man named, as I said, Lawrence Gazley, a commissioner made the bail assignment. Couldn't the judge say that's ridiculous. You don't give an illegal alien who is a flight risk $5,000 bond when he is charged with a felony child sexual assault. Couldn't the judge have stepped in here?

PAUL BUCHER, FORMER WISCONSIN PROSECUTOR: Sure, Bill. And I'm sure that's what he is saying today. But he probably is hearing about it just as we heard about it. The judge really doesn't see the case until the next court date. So this is a court commissioner. This is sort of the entry into the system.

This is a person that is not even elected. Court commissioners are appointed. So this person made the decision. They're not held responsible for it. The judge I'm sure is livid. But now the judge is...

O'REILLY: I don't know if he is livid or not. I mean, look. You are telling me this is some low level bureaucrat, not elected, I guess he has to be an attorney correct, this guy?

BUCHER: That's correct. Right.

O'REILLY: He is there. He is a bureaucrat. All the people who the sheriff's office arrests in northern Wisconsin, they go to him or somebody like him and they decide what the bond will be. Is that what you are telling me?

BUCHER: Bill, it's like that in the entire state. And the judge will see him when he returns to court. What are the odds do you think of this illegal immigrant returning to court.

O'REILLY: He is supposed to show up tomorrow, Mr. Bucher. If I were him I wouldn't show up. The guy's got two previous beefs. He is facing 25 years for the molestation of this girl, if convicted. He's already been deported and came back. So I mean, number one, ICE should have him. Because this is a serious allegation. The feds should have come right in and taken him away. They don't care. They didn't do it. Right detective? I'm sure they contacted the feds.

WHEELER: You are exactly right, Bill. The problem is much larger than just this one case. This is a terrible situation. What happened to this young girl. But you know what, illegal immigrants already know the courts are either going to look the other way, our Congress, our representatives look the other way because it's not politically correct. And they take advantage of that situation. So I think this situation is very indicative, Bill, of a trend that we see happening in the United States.

O'REILLY: Of course it is.

WHEELER: Let me tell you, there are 80,000 illegal immigrants right now in the United States that have active arrest warrants out for their arrest from murder to rape to shoplifting. Take your pick.

BUCHER: Here is the problem, I bet the federal immigration authorities didn't even know about this case. Because the sheriff assumed the court told them. The court assumed the sheriff told them. The D.A. said it's not my job. That's the problem. There's a hole in the system. There's a way to fix it but in this case it's just indicative of the problems.

O'REILLY: So it is possible neither the sheriff's office nor court contacted ICE, the national security people, about hey we've got an illegal alien, already deported the guy, he's back again and now charged with molesting a 12-year-old girl.

All right, tomorrow .

BUCHER: I'm willing to bet on it.

O'REILLY: Now tomorrow this guy is suppose to show up in front of Gazley again. All right. Now of course we're going to watch this case to see if he does show up. But Atkinson, the judge, has to step in if he does show up and raise the bail to an appropriate level. Does he not?

BUCHER: I think there will be a lot of people stepping in, Bill. I think now that ICE is aware of this case it would not surprise me if they grab this guy and put him in custody. But I think he is gone by now. Number two, this commissioner will raise bail. And number three, the D.A. will probably be going in either with a court commissioner or a new judge to significantly increase bail. But it's going to have to be in absentia. Because I can't imagine this guy is going to return.

O'REILLY: Well, if he doesn't show up then Gazely's got to be fired, correct.

BUCHER: Absolutely.

O'REILLY: He's got to be fired. You got to fire a guy that gave him $5,000 bond right away. Because the system is so corrupt and breaking down everywhere that I am going to make an example of this case. And we just can't have the continuing chaos that we have. And it's everybody's fault. It's the federal government's fault. It's Gazely's fault in northern Wisconsin. And what about the 12-year-old girl? Who cares about her? You know what the answer is, gentlemen? Nobody cares about that girl. And the thousands of other children who have been molested in this country.

It is just awful.

BUCHER: There's a way to fix this problem.

O'REILLY: We'll fix it on this one.

BUCHER: Well the state authorities can help out but that's another story.

O'REILLY: All right, Mr. Bucher. Thanks for coming on. Detective, as always. We'll let everybody to know if this guy shows up for his hearing tomorrow. If he doesn't, all hell is going to break loose.

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