 It was four weeks ago at a Factor story pitch meeting when a producer told O'Reilly about an Ohio judge who dismissed a child rape case only because the prosecutor was 30 minutes late for the trial. Bill was interested, and asked me to get the facts, investigate the judge and prepare a segment for air the next week.
The case
On June 12, Cuyahoga County Common Pleas Judge Eileen Gallagher had thrown out child rape charges against 22-year old Norman Craig, accused of raping his 9-year old neighbor in 1999. Craig was 16 at the time, and it was six years before the young girl reported the incident to a school guidance counselor. Shortly after, in 2005, a grand jury indicted Craig on charges that he had forcibly raped the then 9-year old, which carries a mandatory life sentence in Ohio.
But on the day of the trial, Assistant County Prosecutor Mark Schneider was 30 minutes late getting to court, so Judge Gallagher dismissed the case, which left Craig in legal limbo, and still free on bond.
Schneider claimed the judge had questioned the girl's credibility before even hearing the evidence, and stated he was late because he was preparing an emergency motion asking for Gallagher to remove herself from the case. But the judge said Schneider was treating her like a "punk," and called his tardiness "unprofessional" and "discourteous."
While the judge and prosecutor squabbled and the alleged child rapist remained free on bond, the girl's mother said her daughter was devastated.
Trip to Ohio
After calls to the judge went unreturned, O'Reilly told me to visit her in Cleveland.
The crew and I arrived at her residence at 6:15 in the morning. She lives in a small condo at the end of a cul-de-sac in a private community less than a mile from Lake Erie. After waiting patiently until 9am, I called her house and knocked on her door. No one answered, so I spoke to a neighbor who told me the judge spent some nights at a "friend's house."
I jumped back in our van and drove downtown to confront her at work.
Before leaving for Ohio, I'd uncovered the judge's car model and license plate number. After gaining access to the Courthouse parking garage, the crew and I split up and fanned out, looking for the vehicle. But, despite our best efforts, we couldn't locate her car anywhere in the lot.
After consultation with The Factor senior producer back in New York, we decided to simply tell the judge that we were in town. Miracle of miracles, given my past experiences with the judges we have pursued, it worked. Her assistant said the judge just stepped out and would be back in ten minutes. I decided to take the elevator upstairs to her chambers to greet her when she arrived.
Meeting the judge
Judge Gallagher's chambers are on the building's top floor where there are outstanding views of downtown Cleveland. I announced myself to her staff and waited in an area just outside the chambers.
The judge appeared almost immediately, walking down a short hallway.
"Uh oh... the media... what have I done now?" she asked disarmingly.
"Judge Gallagher... I'd like to ask you about the case..."
"No cameras." She cut me off and ducked into her side office door. "You can come in here alone without the cameras," she said to me. Legally, since I was in her office, I had to shut the cameras down and tell the crew to remain in the hallway.
I'd expected her to be more uncooperative since I'd shown up at her office unannounced and with a camera, but she politely asked me to have a seat.
Eileen Gallagher is over six feet tall, and was very imposing sitting across from me. She was smiling. After briefly explaining why I was there, the judge really surprised me. Without even receiving an invitation, she began considering aloud whether she'd agree to an interview with Bill. In three years since I've been with The Factor, no judge in this kind of situation I can remember has ever agreed to a studio interview.
In the beginning, Gallagher remained on the fence about appearing on The Factor, but she did let the crew come into her office, telling me she would answer a few questions on camera. She said the prosecuting attorney "failed the [girl] miserably by not being [in court] in a timely fashion," and that "it was his unprofessional behavior that created the situation."
She seemed pleased with the way the interview went, and afterward agreed to sit down live with O'Reilly. I thanked her, exchanged business cards, and promised to call her the next week to arrange the logistics.
Interview with Bill
On Tuesday, July 11, Judge Gallagher stepped into the "No Spin Zone." Bill began the interview by calling her a "stand up person" for coming on the show, and then read Fox News Channel judicial analyst Judge Andrew Napolitano's opinion of the situation: "The rule is that when a lawyer breaks the rules, you never punish the client, especially one who was allegedly raped. The judge can sanction the prosecutor, fine him, or even say 'you can't handle the case.' [...] I've never heard of this in 30 years. The case will be reversed on appeal and the judge will be admonished."
Judge Gallagher responded. She challenged the prosecutor's honesty, and said he gave three different reasons for being late to the hearing. O'Reilly asked her why she didn't just sanction prosecutor Schneider, and Gallagher said, "I couldn't sanction someone I could not find." That jolted Bill. "Come on judge, it's the same town!" he said, and as I watched, I remembered that the courtroom, the judge's and the prosecutor's offices were not just in the same town, they were all in the same building, just an elevator ride away.
Bill asked if the judge was "comfortable" having this alleged rapist out on the street. Gallagher side-stepped the question, but said the case "should be re-filed, and [weeks later] it has not been." Bill agreed, saying, "We'll follow the case [...] and make sure they [re-file]." Bill thanked the judge for "stepping up" and concluded the interview.
Conclusion
As of this date, the case itself is being appealed to the Ohio Supreme Court. If that court denies the appeal, Prosecutor Mark Schneider says he will re-file at that time. When the Ohio Supreme Court rules, we expect an update from the prosecutor, and The Factor will continue its reporting.
 Jesse Watters has been a producer for The OReilly Factor since 2003. Before joining Fox News, Watters worked on political campaigns and in finance. He received a B.A. in History from Trinity College (Hartford, CT) in 2001. Watters was born and raised in Philadelphia and moved to New York in 1995.
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