NH- Sex offender to remain incarcerated (Detained in Civil Commitment)

Unfortunately the media is using the wrong terms here, it is important to distinguish between "Prison and Civil Commitment." Compounding the problem is that New Hamshire civil commitment program is "Detaining" sex offenders in the state's "Secure Psychiatric Unit / Residential Treatment Unit" which happens to be in the State Prison at Concord.

6-4-2009 New Hampshire:

Convicted child molester William Ploof will spend up to another five years incarcerated for treatment because a jury decided yesterday he remains a sexually violent predator who's likely to strike again.

The jury of four men and eight women returned its verdict about 2:30 p.m., after deliberating for about 6½ hours over two days. Ploof did not visibly react as the verdict was read. His public defenders, Lisa Wolford and Anthony Sculimbrene, are expected to appeal.

Ploof, 49, of Manchester, is the first person to be tried under the state's new sex offender law, which allows sex offenders to be held past their prison sentences if a jury believes they remain dangerous and are likely to re-offend.

Gov. John Lynch, who pushed for the new sex offender law, issued a statement yesterday afternoon applauding the verdict.

"I am pleased to see that this law is working," the statement said. "The safety of our children is our greatest priority as a state. This act has created a fair and comprehensive judicial process to evaluate sexually violent predators and ensure that these dangerous criminals are not released back into our communities without proper rehabilitation and treatment."

Ploof finished a 10-year sentence in 2007 for sexually assaulting a young boy twice in the 1990s. He's also claimed between 20 and 50 other victims, according to prison records. At trial, prosecutors Michael Valentine and Ross McLeod of the Hillsborough County Attorney's Office argued that Ploof is a pedophile who's unable to control his sexual urges and therefore likely to commit more acts of sexual violence.

The defense's expert witness, Dr. Luis Rosell, a psychologist from Iowa, disputed that assertion, telling jurors that even though Ploof never completed sex offender treatment in prison, he had learned enough to change his ways. Rosell said Ploof is no longer attracted to children, a requirement to be a pedophile, and is instead interested in teenage boys.

Valentine said he was glad that argument didn't persuade the jury.

"I am pleased with the jury's verdict," Valentine said. "Based on (Ploof's) extensive history of sexual assault and his inability to complete treatment, I think Mr. Ploof presented a very real danger to the community. I'm grateful that the jury saw through his expert's claims that Mr. Ploof had gotten what he needed from treatment even though he had failed to complete it and now was only interested in teenage boys."

Ploof quit the sex offender treatment program the first time and was kicked out the second time for grabbing another inmate sexually, according to prison records. That was largely why the county attorney's office filed a petition against Ploof seeking further incarceration and treatment.

Jurors could not be reached or declined comment yesterday afternoon. Ploof's public defenders declined comment immediately after trial and could not be reached yesterday afternoon.

After the jury was excused, Judge Gillian Abramson complimented all four attorneys on their "superb" lawyering and said jurors offered the same praise.

To keep Ploof behind bars, jurors had to conclude three things about Ploof: He suffers from pedophilia, the pedophilia makes him unable to control his urges, and he's likely to commit more acts of sexual violence.

Valentine and McLeod said they believe jurors took those requirements seriously and reached a verdict based on thoughtful analysis and not emotion or fear. Jurors sat through four days of testimony and remained attentive to the end, McLeod said.

And their questions during deliberations showed they were debating the case on legal grounds, McLeod said. Yesterday, jurors asked for definitions of "likely" and "probability," both of which related to their burden of proof.

Valentine said he hopes the verdict will persuade sex offenders in prison to take sex offender treatment seriously. Had Ploof completed the treatment during his sentence and earned parole, prosecutors would not have filed a petition to hold him longer, Valentine said.

Ploof was taken from court yesterday to the prison's secure psychiatric unit, where he's been held since 2007 awaiting trial. He will be evaluated and given an individualized treatment plan, according to the prison's policy for offenders committed under the new law.

During the next five years, prison officials can petition the court to release Ploof early if they believe Ploof has improved and is no longer a danger. Ploof can also submit a petition. A judge will decide the request without a jury.

If prosecutors believe Ploof remains a danger after five years, they can ask the court to commit him again for up to five more years. They can repeat that process indefinitely as long as they believe Ploof remains a danger and likely to re-offend. ..Source.. by ANNMARIE TIMMINS, Monitor staff