00:00You have more sympathy for the criminal than the victim, don't you?
00:07Senator, I worked on behalf of victims of crime zealously as a prosecutor.
00:16As a judge, I listen carefully to understand impact on victims, and I have always take that into account.
00:26Do you know Micah Smith?
00:30Michael Smith, Senator?
00:31Micah, M-I-C-H.
00:34I don't believe I know a Micah Smith, Senator, no.
00:37Okay. I bet the victims of Micah Smith remember Micah Smith, if you don't.
00:44Senator, there was a defendant I sentenced named Michael Smith.
00:50Mr. Smith molested a four-year-old girl, didn't he?
00:55Senator, he was convicted after trial of unlawful sexual contact under Maine law.
01:00That's a nice way of putting it.
01:02That was the charge, Senator.
01:03Right.
01:05Mr. Smith molested a nine-year-old girl, didn't he?
01:10Senator, again, he was convicted of unlawful sexual contact against two children.
01:16In that case, I did impose the sentence the state requested.
01:19At oral argument, this is how Mr. Smith's conduct was described.
01:28Quote, you heard this testimony, all of the abuse is done in the same fashion.
01:38Smith would rub his fingers in a circular motion on the vagina of each child,
01:48and he did so repeatedly.
01:53Now, where I come from, we call that sexual abuse.
01:57You can pretty it up all you want to, judge.
02:01This is what you said at Mr. Micah's sentencing.
02:07These are your words, not mine.
02:10What I can say, you said, is that this is a very tragic situation of a person
02:19who has a lot of good in him, a lot of good in him,
02:25having done a very reprehensible thing to two young children causing extreme damage.
02:33Did I read that correctly?
02:36Senator, in that case, I imposed the sentence the state requested.
02:40Did I read your quotation correctly?
02:44Senator, that, I think, is a portion of what I said at sentencing.
02:49My focus was on—
02:50But the words I read, are they correct?
02:54That's what was reported in the paper, Senator.
02:56I have not seen a transcript of the sentencing.
02:59I bet the victims remember, judge.
03:01You might have forgotten, just like you forgot his name.
03:05But I bet the victims remember.
03:08And then you handed down a sentence.
03:11You gave Mr. Smith 12 years, but you suspended six of them, didn't you?
03:19Senator, that was at the recommendation of the state because they—
03:22But it was your ruling.
03:24Is that an accurate statement of your ruling?
03:27Senator, I accepted the state's recommendation that six years should be suspended
03:31so that Mr. Smith would be required to participate in sex offender treatment.
03:35I appreciate the lengthy explanation, but I think it's a pretty simple question.
03:41That was your sentence, right?
03:43Yes, I imposed the sentence the state requested in that case.
03:46Are you familiar with the Bangor Daily News?
03:49I am with the Bangor Daily News, Senator.
03:51Right.
03:52Did you read the article they wrote, quote,
03:55light sentences send a message that domestic violence does not matter, end quote?
04:02You remember that article?
04:03I have read it, Senator.
04:05I believe it mischaracterizes the case that is described.
04:08That article was about you, wasn't it?
04:11My recollection, Senator, is that it described several different cases.
04:16The case that I worked on that was described there,
04:19the defendant in that case was acquitted by a jury of the most serious conduct,
04:23and that was not reflected in that article.
04:25So the newspaper got it wrong?
04:27That was an op-ed that I believe misunderstood what happened,
04:30which is the jury acquitted the defendant of the most serious conduct that he was charged with.
04:34I was not the fact finder in that case,
04:36and so at sentencing I was bound by the jury's verdict.
04:39Let me ask you, I'm going to run out of time here.
04:42I wish I had more time for you, Ms. Campbell,
04:44but I've seen a lot of activist judges,
04:53and I'm not saying you're the most activist,
04:56but the list you're on, it sure doesn't take long to call the roll.
04:59Let me finish with this question.
05:02I'm going to end as I began, Judge Lopez.
05:07You have more sympathy for criminals than victims, don't you?
05:13Senator, I have the support of the Maine Coalition to End Domestic Violence
05:17and the Maine Coalition Against Sexual Assault.
05:20I believe that support is a reflection of the work I did as a prosecutor
05:23as well as the care I take with cases involving victims as a judge.
05:27You're embarrassed to answer my question, aren't you?
05:34Thank you to the nominees for being here.
05:36I'm sorry that I was unable to preside but in the capable hands of my colleague, Peter Welch.
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