before the case was heard, cherice moralez took her own life.ed to represent justice, judge todd baugh, sentenced rambold to just one month behind bars, saying the teenage victim seemed older than her chronological age and was as much in control as the then 49-year-old rambold. the judge who also repeatedly ducked cnn's questions has since admitted the sentence may have been illegal, state laws mandate a two-year minimum for this crime. rambold is now a registered sex offender and he faces this long list of probation and parole conditions. 59 of them to be exact. he can't be around children, go to a bar, get on the internet or even open up a checking account. and what's more, this may not be the end of his legal story. prosecutors filed an appeal with the state supreme court and hope to put him back behind bars. >> i see hope on the horizon. i think as long as we know that it's happening, we can acknowledge it and we can do something to change it. >> reporter: hoping to finally find justice that has so far failed cherice moralez. that appeal won

the victim cherice moralez killed herself before the case went to trial.man who raped her daughter is no longer behind bars. kyung lah joins me from billings, montana. you caught up with this guy outside of his parole office. did he have anything to say or just scurrying away? >> reporter: scurry away, more like shoving. he wore a ball cap. tried to switch out cars as he was leaving so he didn't tip us off that he was going to be actually exiting out of the parole office. we asked him questions about the sentence, about cherice moralez, if he had anything to say about this young girl, and he had nothing to say, anderson. >> do we know where he's going now? does he go home and pick up where he left off a month ago? >> reporter: essentially, yes. he has served his time. he's free on parole. he does have to follow the conditions of parole. there are some 59 things he can do, cannot do. he can't open a checking caught, get on the internet, be around kids, walk into a bar. it's quite restrictive but he's essentially home because he has done his time. >> as far

as we mentioned, the young victim in this case, cherice moralez, killed herself.ke with her mother earlier this month. she said she just wants justice for her daughter. she joins me once again tonight. obviously as you know the teacher who raped your daughter is going to get out of jail tomorrow. does this seem real to you? >> no. it seems like just yesterday they sentenced him. i don't know where the 30 days went. >> i'm sure you know a complaint was filed against this judge claiming he was bias against your daughter because she was lower income minor hispanic female. do you agree with that? do you think he was prejudice against your daughter for those reasons? >> i don't know. i'm not really involved with that complaint. i'm worried about stacey rambold. judge baugh is not by business. he made a mistake and i'm disappointed, 30 days, that's outrageous, but montana supreme court stepped in. hopefully they'll make it right. >> tomorrow when he's released, what are you going to do tomorrow? how do you deal with something like that? >> avoidance. i hope i never see

before the case was heard, cherice moralez committed suicide. >> she was beautiful, but hopefully he'll get justice. i hope. >> reporter: justice has failed at every step, says cherice's mother. not only did she lose her daughter but then the judge, todd baugh, handed down the short sentence saying moralez looked older than her chronological age and was as much in control as the then 49-year-old rambold. >> hi, i'm kyung lah from cnn. >> the judge has since admitted the sentence may have been illegal. state laws mandate a two-year minimum for this crime. the sentence and the judge's comments sparked national outrage. earlier this week, petitions with 140,000 signatures were delivered to a montana judicial watchdog panel demanding judge baugh's removal. in the courts, prosecutors have appealed rambold's sentence to the supreme court hoping to send him back to prison. and for the victim's mother, a cry for justice. a hollow search along a trail of anguish. does that pain ever fade? >> no. no. i think we just get used to it so you don't cry every day. >> reporter: cherice's mother is braci

is set to walk out now after serving one month behind bars for raping his 14-year-old student cherice moralezmother says cherice was convicted. before the sentence was heard, cherice committed sued. >> she was beautiful. but hopefully, he'll get justice. i hope. >> reporter: justice has failed at every step, says cherice's mother. not only did she lose her daughter, but then the judge todd baugh handed down the short sentence saying moralez looked older than her chronological age and she looked the age of the 49-year-old rambold. the judge has admitted the sentence may have been illegal. state laws mandate a two-year minimum for this crime. the sentence and the judge's comments sparked national outrage. earlier this week, petitions with 140,000 signatures were delivered to a montana judicial watchdog panel demanding judge baugh's removal. in courts prosecutors have appealed baugh's sentence and hoping to send rambold back to prison and for the victim's mother, a cry for justice. a hollow search along a trail of anguish. does that pain ever fade? >> no. no. i think we just get used to it, so y

joining me now is the mother of the young victim in this case cherice moralez. of all, i'm so sorry for your loss. what do you want people to know about your daughter? >> she was wonderful. she was wonderful and she deserves justice. >> i can't even imagine what it would have been like to have heard this judge's sentence, i mean to be sentenced to only 30 days in jail. were you in the courtroom at that moment? >> yeah. >> what went -- >> i freaked out. >> you freaked out. >> despair, unbelief, horror. it was inappropriate and sometimes you just got to tell a judge he sucks. >> and you told him that. you yelled that? >> yeah. >> the judge, i mean -- >> they have a problem with my temper. >> the judge made some -- i mean, as you know, truly appalling statements about your daughter. it -- when you heard those, i mean, did he ever apologize to you directly? >> no, no and i'm listed in the book, so -- >> so he could have just called you up? >> yeah. everybody else has. >> he made a public apology saying he didn't know what he was talking about. he didn't know where t

. >> reporter: rambold raped cherice moralez in 2007 and while waiting for the case to go to trial cherice she was good, smart, artistic, she lit up a room. >> reporter: her mother was hoping her daughter would be vindicated but instead of getting rambold the minimum two-year sentence the judge told the courtroom cherice was in as much control of the situation as rambold saying she appeared older than our chronological age. the judge later apologized. >> what i said was demeaning to all women and not what i believe in. >> reporter: he tried to change the 30-day sentence but they appealed to the montana supreme court which could take 18 months. >> if the judgment is at the end of that process that he needs to serve more time, he will serve more time. >> he will remain on probation unless that 30-day sentence is overturned and a longer sentence is imposed. john and diana. >> thank you. >>> now to ft. worth, texas, where what could have been a massacre ended differently thanks to a malfunctioning gun. surveillance cameras were rolling on tuesday night when a man walked in to mcdonald's aiming

at sentencing the judge said the vict victim cherice moralez seemed older than her age.plea to child rape sparked anger across social media and an appeal to the state supreme court from prosecutors. >> i want people to know that they need to have faith in their officials that handle matters in the criminal justice system and we'll get this right. >> reporter: but prosecutor said there's a wrench in his appeal. judge baugh wants everyone back in his courtroom tomorrow. acknowledging he should have given rambold at least two years not one month behind bars. >> and he's seeking to correct that. >> reporter: so he is trying to fix an error on his part. >> yes. that's what the order indicates to me. >> reporter: but that's yet another mistake by judge baugh says the prosecutor and the defense to no one's surprise agrees. in a flurry of legal filings they say judge baugh can't change the sentence. the ball is now with the state supreme court. >> give the court credit for recognizing this. but there's a method to this. and the method tells us that the supreme court has to do th

30 days in jail after he broke the terms of his parole for the 2007 rape of then 14 year- old cherice moraleze baugh said the 14 year-old moralez was "in as much control" as her then 49 year-old rapist and that she "acted older than her chronological age." moralez wasn't there to speak on her own behalf. she took her own life before trial in 2010. w>> hat i said was demeaning to all women. not what i believe in and irrelevant to the sentencing. i owe all our citizens an apology. >> reporter: despite the apology, the sentence stands the outrage growing protests so far in both billings and butte more planned across the state. and an online petition urging judge baugh to resign now nearing 50 thousand signatures. another? over 70-thousand. the judge in this case -- g. todd baugh -- is the son of n-f-l hall of fame quarterback sammy baugh. and his sentences in other cases have been noted as tough. he's sentenced one rape defendant to 100 years in prison with 50 suspended. and another defendant in a child porn case to 56 years behind bars. 31 of them suspended. >> catherine: this is a live look at