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A Republican prosecutor running a tough-on-crime campaign against a Democratic defense attorney should have checked his evidence before launching the political attack that’s now backfiring.

Hillsborough County Attorney John Coughlin’s reelection campaign recently launched a website attacking his opponent, Kim Kossick, for defending alleged Valley Cemetery rapist Amuri Diole. Diole was arrested in April 2021 for the violent rape of a woman for two hours in the cemetery.

But court records show Diole had been released from jail a week before the alleged rape because prosecutors in Coughlin’s office failed to file the necessary paperwork to keep the dangerous suspect locked up.

“I can’t change history. I can’t change the facts,” Coughlin told NHJournal.

At the same time, Coughlin’s opponent is trying to use the campaign website to get Diole off the hook for ever facing a trial over the horrific crime he allegedly committed.

Kossick is taking heat for running as a liberal reformer.

Because the campaign website mentions the Diole case, Kossick filed a motion in court to have the criminal charges dismissed. Diole was deemed incompetent to stand trial in the alleged rape in 2022 and is currently being held in the New Hampshire State Prison Secure Psychiatric Unit in Concord as the state seeks to have him ruled a sexually violent predator and then have him further held on an involuntary civil commitment.

But under state law, if Diole is ever returned to competency through medical treatment, he could then go on trial for the alleged rape. Kossik wants Diole to avoid prosecution in the future because, she says, Coughlin’s attack on her work defending Diole against the civil commitment taints the potential jury pool.

“The website is targeted at Hillsborough County voters and jurors,” Kossick said. “The people on the voting rolls are the jurors.”

Coughlin supporters say it is an example of the progressive approach Kossick would take to prosecuting crime. The issue has even reached the New Hampshire governor’s race.

On WMUR, Adam Sexton asked Democrat Joyce Craig if she supported the effort to use a campaign attack ad to get Diole exempted from prosecution. She appeared to defend her fellow Democrat.

“Everyone has the right to a civil defense,” Craig said. “And Kim Kossick is doing her job, and I believe that the county attorney has to be someone who represents our county and is always doing what’s right.”

Kossick says the real issue is that Diole wouldn’t have been out and able to commit the crime of Coughlin’s office had done its job.

“Coughlin doesn’t know what’s going on in his own office,” Kossick said.

Kossick was appointed to represent Diole during the civil commitment proceedings in the 2021 rape case, and ended up appealing the commitment to the New Hampshire Supreme Court. The Supreme Court sided against Doile. Coughlin’s website attacks Kossick for representing Diole.

“Instead of ensuring justice for the victim, Kossick prioritized the legal defense of a man deemed too dangerous to release into society,” the website states.

Coughlin, echoing the website, told NHJournal that Kossick does not prioritize the rights of victims and their families as evidenced by her work to represent Diole. 

“The website is about her judgment and about victims rights, and her failure to protect the victims of crimes and their families,” Coughlin said.

But NHJournal reviewed the court records in Diole’s criminal history and found a failure by Coughlin’s office put Diole on the street a week before the alleged rape.

According to court records, Diole was jailed in early 2021 as the result of a 2018 assault case in Nashua. When the issue of Dole’s competency was raised in pre-trial in that case, he underwent an examination by Forensic Psychologist Mathilde Pelaprat. On Jan. 27, 2021, Judge Charles Temple deemed Diole a danger to himself and others and ordered Diole held for 90 days, giving time for prosecutors to have Diole committed.

But prosecutors failed to get the involuntary commitment order within the 90 days, forcing Temple to release Diole in his April 23, 2021, order. 

“In accordance with RSA 135:17-a, V, the defendant is released from custody at the Hillsborough County House of Corrections. The State has been unable to secure an involuntary commitment order and the 90 day hold period expires on April 27, 2021. As such, Mr. Diole’s release is mandatory under RSA 135:17-a, V,” Temple wrote.

According to media reports, Diole went from living in the Valley Street Jail in Manchester to the Valley Cemetery across the street for the next six days before he was arrested again for the brutal rape. 

Coughlin blamed Diole’s release on the fact one of his assistant county attorneys was unable to get a qualified specialist to examine Diole within the 90-day timeframe. Prosecutors must use specially qualified experts from a pre-approved list provided by the state to examine people for involuntary commitment proceedings, he said. 

“We made reasonable efforts to identify specialists,” Coughlin said.

Since Dole’s re-arrest for the alleged rape, Coughlin said his office worked with the New Hampshire Attorney General’s Office on an expanded list of qualified specialists to make sure people who are a danger to the community can be committed. 

Kossick said blaming her, a defense attorney, for representing a criminal ignores the right every American has for a vigorous defense under both the United States Constitution and the New Hampshire Constitution.

“Defense attorneys are the only people standing between the government and their client,” Kossick said.

Kossick was surprised that Coughlin, a former judge, would attack her for the work she did as a defense attorney. Not only does such an attack undermine the criminal justice system, but it is totally out of character for Coughlin, she said.

“We all thought John Coughlin was a very good judge,” Kossick said. “We all thought he was great because he never revoked bail and never put anyone in jail. I can only assume he’s pandering to somebody.”

Officials at Hillsborough County’s Valley Street Jail say former Democratic state representative and current inmate Stacie Marie Laughton is male.

What they won’t say is whether Laughton — who identifies as a female — is being housed in the male population or whether they are keeping the convicted stalker charged with the sexual exploitation of children in the women’s population.

Laughton, 39, is being held without bail after being arrested last month on charges of distributing child sex images in a case involving Lindsay Groves, a daycare employee and Laughton’s lover. 

According to court records, Groves took explicit photos of children in the daycare and texted them to Laughton. The couple then engaged in graphic conversations about child rape. In one text, Laughton seemingly admitted to raping a child. Groves is accused of inappropriately touching children in a civil lawsuit.

In multiple conversations with NHJournal, Valley Street Jail Superintendent Joseph Costanzo refused to disclose if Laughton is being housed with men or women.

“It’s a security practice,” Costanzo said. “We don’t disclose where any inmate is housed.”

From the Hillsborough County Valley Street jail records regarding the incarceration of former Dem Rep. Stacie-Marie Laughton in July, 2023.

In fact, the location of male and female inmates who don’t claim transgender status is a matter of public information. Costanzo appeared to be making a policy exception for the former representative.

Costanzo was hired by the three members of the Hillsborough County Commission. The fact county officials are trying to keep Laughton’s status secret is a sign the alleged sexual criminal is being kept in the women’s population. If that is the Hillsborough County policy, it is a matter of concern to state Rep. Katherine Prudhomme O’Brien (R-Derry).

“If you are a man who is predatory, what would keep you from saying you’re trans in order to be more predatory in a prison situation,” Prudhomme O’Brien said. “You have to be naive to think that doesn’t happen.”

According to published reports, abuse against female inmates by transgender inmates is happening in prison systems across the country. After Gov. Gavin Newsome (D-Calif.) liberalized the rules to allow more trans-identifying inmates to transfer to women’s prisons in California, female inmates said they had been raped and assaulted. In a class action lawsuit brought by several female inmates, the women said predatory men are taking advantage of the system in order to commit rape.

In one particularly disturbing case, a twice-convicted baby killer is now incarcerated in the same facility as the mother of his children, whom he killed.

Transgender inmates have also been accused of raping female inmates in New York and Illinois, and one transgender inmate in New Jersey recently got two female inmates pregnant.

According to the booking information for Laughton’s latest stay at the county jail, Laughton is listed as a biological male. 

Costanzo said information about Laughton’s incarceration is too sensitive to make public. However, he has yet to cite any specific county, state, or federal policy that requires information about Laughton’s housing to be kept from the public. Disclosing whether or not Laughton is being housed with men or women would not reveal specific cell assignments or work details.

As for housing transgender inmates at Valley Street Jail in general, Costanzo said the Hillsborough Department of Corrections adheres to the Prison Rape Elimination Act, or PREA.

“We follow the PREA guidelines and house all inmates accordingly. We make sure to comply with any standards within that guideline.”

PREA was enacted in 2003, but the United States Department of Justice issued the first set of PREA guidelines for jails and prisons in 2012. Under PREA, corrections facilities will place transgender inmates into housing corresponding to their gender identity after a round of screening.

Last year, the Biden administration enacted rules to make it easier for transgender inmates to transfer to the gender population corresponding to their stated identity. 

Prudhomme O’Brien understands New Hampshire prison and jail officials are in a tough spot when it comes to trying to keep all prisoners safe while following federal guidelines, like PREA.

“I know it’s really hard to eliminate prison rape because prison is full of rapists,” Prudhomme O’Brien said.

State Rep. Stacie Laughton (D-Nashua) will remain in jail as her attorney negotiates a plea agreement in the criminal case alleging she serially harassed a Hudson woman. 

Laughton, New Hampshire’s first elected transgender state representative, is not leaving Valley Street Jail in Manchester until at least Dec. 22, the date of her next hearing. Her attorney, Elliot Friedman, told Judge John Curran he hoped to have a resolution to the numerous criminal charges worked out with prosecutors in the coming weeks.

“We are negotiating a resolution,” Friedman said.

Laughton’s continued custody complicates Democratic hopes of wresting control of the House of Representatives from the GOP. With a razor-thin 201-198 GOP majority in the House, control of the body and the outcome of the secretary of state election on Organization Day (December 7) will come down to attendance.

Laughton is accused of repeatedly violating orders to leave a Hudson woman alone as well as charges of stalking, criminal defamation, and making false 911 calls. Laughton is already facing jail time after she pleaded no contest this summer to charges of making false 911 calls about the same victim. Prosecutors have told the court they plan to ask for the imposition of the suspended nine-month sentence brought in that case.

Laughton is being held without bail on the grounds she presents an ongoing danger to the community and the alleged victim. She was under court orders to leave the woman alone when she allegedly continued her campaign of harassment that stretches back to 2019.

Laughton’s status hearing, held in the Nashua District Court on Thursday, left the troubled state representative in jail pending the plea negotiations. Laughton appeared in court via video feed from Valley Street Jail. Laughton offered little comment during the brief hearing other than to object to the presence of media in the courtroom.

“I object to the press,” Laughton told Curran. “I will give interviews, but I figure right now this is a personal matter I need to deal with without the pressures of the press.”

Curran denied her objection, stating there is no reason to keep the press out of an open court proceeding.

Laughton could technically still travel to Concord for Organization Day, legislative sources said. New Hampshire’s Constitution bars police from stopping representatives from attending sessions at the State House. The question is, how badly do Democrats want her there?

Democratic Caucus leader, progressive Rep. Matt Wilhelm (D-Manchester), declined to respond to repeated requests for comment.

Laughton’s disturbed behavior has been apparent for years before she won office as a state representative in 2020. She was convicted in 2008 of credit card fraud for stealing from a person in Laconia. Laughton was then charged in 2015 for calling in a bomb threat at the Southern New Hampshire Medical Center hospital in Nashua. Those charges were later dropped as Laughton claimed she was suffering from a mental health crisis at the time.

Laughton won a seat for state representative in 2012 but was forced to resign soon after her 2008 credit card fraud arrest became public. Despite pressure from the Democratic Party, Laughton tried to run again to fill the seat in a special election after her resignation; that bid was cut short when it was deemed she was legally ineligible for office at the time since she was still technically serving her suspended sentence for the felony credit card fraud case.