Rockingham County Attorney
State of New Hampshire

 

DECEMBER

2011

ISSUE 12 VOLUME XIII

CASE NEWS

STATE

VS

PLOOF

 

 

 

STAFF NEWS

County Attorney Jim Reams and staff wish you a happy and safe holiday.

There are no jury trials scheduled for December 2011.

Chief Wayne Sheehan of Kensington PD has retired, but is remaining in the position until a new chief is selected.  Applications are being accepted and selectmen expect a decision by January 2012.

Chief Michael Maloney of Greenland PD announces his retiring in April 2012.  He has served as chief for eleven years at Greenland and was a Sgt with North Hampton PD previously. 

 

SENTENCING HEARINGS

12/1/11-Donahue, Sabi Lee-RECEIVING STOLEN PROPERTY

12/2/11-Gulezian, Richard-POSSESSION OF CONTROLLED DRUG W/ INTENT

12/5/11-Stewart, Randall-NEGLIGENT HOMICIDE

12/8/11-Gallant, Shannon-THEFT BY DECEPTION

12/9/11-Romano, Robert-BURGLARY

12/12/11-Marhefka, David-AGGRAVATED FELONIOUS SEXUAL ASSAULT

12/12/11-Sawyer, Ryan-USE OF A MOLOTOV COCKTAIL

12/14/11-Duntley, Marc-THEFT BY UNAUTHORIZED TAKING

12/19/11-Sequira, Paul-RECKLESS CONDUCT

 

William Ploof appealed the Superior Court order committing him as a sexually violent predator under RSA 135-E:13 arguing that the statue violates his right to procedural due progress. 

In 1998 Ploof pleaded guilty to one count of Aggravated Felonious Sexual Assault and Sexual Assault.  Ploof was sentenced to concurrent 4-10 year terms at the NH State Prison.  Shortly before his release, the Hillsborough County initiated the process to civilly commit him as a sexually violent predator.  After a seven-day trial, he was committed to the state’s corrections department’s custody in the Secure Psychiatric Unit for five years. 

The defendant has raised a facial challenge to RSA 135:E.  This is the heaviest burden to prove since the challenger must prove the legislature erred. 

The Supreme Court ruled that the law did not infringe on Ploof’s rights to due process and equal protection under the law, or the state constitution’s separation of powers provision.  The Supreme Court reasoned the State has a strong interest in protecting the public from, and providing care and treatment for sexually violent predators.  Case affirmed.

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