The head of the state's superior courts said yesterday he has a draft of the internal investigation into the unexpected dismissals of three Hillsborough County sexual predator cases, but he doesn't yet know how much of the report he will be able to release, or when.
Judge Robert Lynn called for the investigation in April after three men deemed to be sexual predators were released because court deadlines in their cases were missed. The men - two child rapists and a man who had sexually assaulted a woman - had served prison sentences and were facing additional incarceration and treatment under the state's new sexual predator law.
Judges in Hillsborough County Superior Court had 10 days after the state filed its petitions against the men to determine whether there was probable cause to hold them. The judges found probable cause in all three cases but did so after the 10 days, according to court records.
The three were freed after their cases were dismissed due to the missed deadlines.
Lynn responded by setting out new court rules for handling sexually violent predator cases and by appointing retired judge Bruce Mohl and Kimberly France from the Administrative Office of the Courts to lead an inquiry into why the deadlines were missed.
Mohl and France have looked into every step in the process, from the time the sexual predator petitions were filed by the Hillsborough County Attorney's Office, to how those petitions were docketed and processed by the clerk's office, to how the cases were then tracked and ruled on by the judges.
Lynn asked Mohl and France to have their report to him by June 30. Yesterday, Lynn said he had a draft of the report and anticipated having the final report by today.
Lynn said he would analyze the final report and discuss it with the court system's lawyer, Howard Zibel, and possibly others from the judicial branch. If any portions of the report named individual employees, Lynn said he would also have to consult state personnel rules to determine how much of the report he could make public.
"My goal is to make public as much of it as I can," Lynn said yesterday. "I will try to do that as quickly as possible."
Since the sexually violent predator law took effect in January 2007, one person, William Ploof, has stood trial. A Hillsborough County Superior Court jury concluded earlier this month that Ploof is a dangerous sexually violent predator who is likely to re-offend if not confined and treated.
Ploof, who claimed between 20 and 50 victims, many of them children, will spend up to five years at the state prison's Secure Psychiatric Unit in intense treatment.
Thomas Hurley, a convicted child molester who has asked about castration to control his sexual impulses, was scheduled to go to trial in Hillsborough County in August, but the case is expected to be rescheduled to October to allow both sides time to assemble and share documents, said Hillsborough County prosecutor Michael Valentine.
Four other cases, one in Carroll County and the three in Hillsborough County, have been dismissed on technical grounds. One petition filed in Merrimack County was dropped on the eve of trial after the Merrimack County Attorney's Office got additional information and concluded it could not win its case, said former county attorney Dan St. Hilaire.
There are no additional cases pending, although the Cheshire County Attorney's Office has referred someone to a state evaluation team to determine whether there are grounds to file a petition in that case.