But St. Hilaire said he had no other choice because just before trial, his two key experts lowered their assessment of Decato's future risk.
A registered sex offender who officials tried to have civilly committed two years ago has been charged with raping a Manchester woman.
William Decato, 53, was charged with three counts of aggravated felonious sexual assault, kidnapping, burglary and falsifying physical evidence.
Police said a Norcross Street woman reported on Aug. 26 that an unknown man had entered her home and forcibly raped her. She told police that she had been alone in her apartment and fell asleep on a sofa. She said she was awoken at about 10 p.m. by the intruder, who covered her face with a towel.
"She reported to police that a towel was placed over her face, and the intruder punched her about the face three or four times," said Capt. Gerald Lessard.
Investigators said the man struck her on the face and threatened to further harm her if she didn't cooperate. Police said the man used physical violence, intimidation and threats and sexually assaulted the woman.
At one point, the woman was able to grab a knife, and she told police she was able to cut the man on the neck and chin. He managed to get the knife away from the woman, and the assaults lasted for another two hours, police said.
The man eventually left, and the woman said he picked up linens and towels that were bloodstained. The woman called police and gave a detailed description, investigators said.
Officers found bloody items believed to be associated with the attack in the area. They then came across Decato, who police said matched the description and who had fresh cuts to his neck.
Decato finished an eight-year sentence in January 2007 for the attempted rape of an exotic dancer in 1998. A second sentence for raping and kidnapping another dancer was deferred.
But Merrimack County Attorney Dan St. Hilaire filed a civil commitment petition under a state law that allows commitments of sexual predators deemed too dangerous to release. St. Hilaire later dropped the petition, saying that he didn't think he could meet the high burden of proof.
"A petition was filed by the Merrimack County attorney," said Hillsborough County Attorney Marguerite Wageling. "For reasons I'm unaware of, after a period of time, that petition was withdrawn by the Merrimack County Attorney's Office."
Wednesday afternoon, a search warrant was executed at Decato's Medford Street home. Some neighbors said they were aware of Decato's past.
"It's pretty scary," said neighbor Brian Birk. "I have a 14-year-old daughter, and it's pretty scary to think that he was able to come back to this neighborhood and live here."
Decato was ordered held on $1 million cash bail. Prosecutors said he could face up to life in prison if convicted.
"25% of all sex offenders re-offend within 15 years"
.........Sarah Tofte
.........Sarah Tofte
From May 30, 2007
A man who was released from prison this week after prosecutors dropped a petition to have him civilly committed will register as a sex offender, officials said, but the information won't be available to the public.
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