Despite what courts might say, to be held in prison without trial or conviction simply because the state thinks you might do harm is a violation of the constitution. Prohibition of such acts goes back centuries, and is reminiscent of some of the grievances which led to the English Revolution in the 17th century.

As despicable as DeCato is, he served his sentence and should be freed. As a side note, I can't help but notice the gender bias in these laws, which seem to disproportionately target men who have committed crimes against women and/or girls.

The Associated Press article is below.

Rapist fights detention extension

May 17, 2007

CONCORD, N.H. -- Lawyers for a convicted rapist being held beyond his prison term under a new state law have asked a judge to dismiss his case.

William DeCato is scheduled for trial on June 4 under a law that allows sexually violent people to be held beyond their prison sentence if they suffer a mental abnormality that makes them likely to commit more sexual violence.

"In the end, this case is nothing more than an effort ... to extend Mr. DeCato's confinement in violation of his constitutional rights," public defender Mark Larsen said.

If a jury finds DeCato guilty of posting an ongoing threat, he will be held at the prison for treatment for up to five years at a time.

Larsen told Judge Philip Mangones on Tuesday that DeCato faces a similar ongoing confinement in violation of his rights and on thin evidence.

Mangones also heard arguments from William Chapman, attorney for the Concord Monitor, to postpone DeCato's trial until the state Supreme Court can settle questions about public access allowed under the new law. Mangones has sealed nearly every proceeding in the case, saying the law requires him to protect DeCato's right to privacy. The Monitor, Valley News and New Hampshire Union Leader are challenging that decision at the state Supreme Court but have been told that the high court won't rule before DeCato's trial.

DeCato, 51, finished an eight-year prison sentence in January for attempting to rape an exotic dancer in Pembroke in 1998. A second sentence for raping and kidnapping another dancer was deferred, so DeCato expected to be freed in January because he served his time.

Instead, DeCato was moved to another part of the prison under the state's new sexual predator law, which took effect in January, just before he was to be freed.

The county attorney's office cited DeCato's refusal to undergo the prison's sexual offender treatment during his incarceration.

Larsen told Mangones that the treatment was never ordered or even recommended as part of DeCato's sentence and, therefore, should not be a requirement, since DeCato has served his full sentence. Particularly unfair, Larsen said, is that the law wasn't in effect when DeCato refused to participate in the treatment.

Read the full article here.