Similarities in Moore, Chevalier cases

June 10--From the beginning, Jo-Anne Boucher's friends and family were wary of her new boyfriend, convicted sex offender Richard Moore.

"When she started dating him, she told me about some incidents that he had already done, and I said, 'Don't you ever bring him to my house. You don't belong with him, you need to get rid of him,'" friend Anne Hansen said during Moore's murder trial.

On May 17, Moore was convicted of stabbing Boucher to death in September 2016 before setting her body on fire inside of her Danville home.

Moore generally displayed little emotion during the week-long trial, which was his 19th time in front of a judge. But one man who shared a cell block with Moore told the jury that he was jovial in jail but remorseless when describing watching the light leave Boucher's eyes.

Just how Moore evolved into the cold criminal sitting in Rockingham County Superior Court last month is unknown.

But, Moore's criminal record illustrates a man who spent many years skirting through the New Hampshire court system on lenient sentences and probation. In many ways, his case echoes that of accused murderer Brian Chevalier, whose extensive history of receiving reduced sentences for increasingly violent crimes has brought the New Hampshire parole system under scrutiny.

Chevalier's criminal record started with arrests for burglary and receiving stolen property during his teens and early 20s.

Comparably, Moore was around 17 years old when he began filtering in and out of courtrooms for petty crimes like theft, criminal trespass and unauthorized use of a motor vehicle.

By the time he was eligible to vote, Moore was a convicted criminal five times over. He had spent short stints in correctional facilities -- 19 days here, three months there -- but the majority of his prison sentences were delayed in the hopes that he wouldn't commit other crimes.

Though the records for many of his previous convictions are sealed because he was a minor at the time, court documents show multiple instances in which he was given a significantly suspended sentence, only to commit another crime within a few months.

No New Hampshire judges would speak to The Eagle-Tribune about their sentencing decisions. A state judicial branch spokesperson said that the judges have "ethical restraints on discussing their thinking related to sentencing or other related issues."

While discussing Moore's past, University of New Hampshire psychology and justice professor Ellen Cohn said that research supports handing down lesser sentences to younger subjects. She pointed out that adolescents are more likely to act on their impulses, as their brains are still developing into their early- to mid-20s.

"One thing we know is that punishing someone severely for minor thing doesn't work that well," Cohn said. "I don't want to seem complimentary, but some of the things he did are delinquent behaviors... You can find lots of adolescents who shoplift or take their parents car without permission."

Across the age spectrum, property crimes like burglary, theft and vandalism have the highest rates of recidivism in New Hampshire, with more than half of convicted persons returning to prison within three years of their release, according to the Department of Corrections.

Almost 20 years before he would murder Boucher, Moore would cross the line from misdemeanor criminal to convicted felon.

In January 1998, the then-18-year-old Moore asked a then-12-year-old girl to "go out with him," during which time he fondled and sexually assaulted her, according to court documents. Moore was indicted on one count of aggravated sexual assault and two counts of sexual assault, the minimum penalties for which are one year and 10 years, respectively. After pleading guilty to aggravated sexual assault, Moore was sentenced to one year in prison.

He served less than eight months before being released on parole.

Likewise, Chevalier's crimes escalated, culminating in the kidnapping of an ex-girlfriend in 2003. Sentenced to 30 years in prison, Chevalier was released in December 2017.

Below-minimum sentences have elicited a debate nationwide, particularly in sexual assault cases. Earlier this week, California voters recalled a judge who handed down a six-month-long prison sentence to a college student who was caught raping an unconscious female behind a dumpster. The judge in that case -- Aaron Persky -- wrote in a statement about his sentencing decision that one of the factors into his decision was the defendant's "willingness to comply with the terms of probation."

The New Hampshire Parole Board has also come under question following their decision to release Chevalier last year over the objections of one of his victims. The board announced on May 14 that they will be conducting an internal audit of the case.

Around half of New Hampshire residents released from prison on parole or probation ultimately wind up back in prison, according to the state Department of Corrections.

Moore made it one month before violating his probation.

After failing to show up at a court hearing, being arrested, failing to attend his required addiction counseling and sex offender counseling and impregnating a 15-year-old girl, he was sent to prison for six months for violating his probation again. The age of consent in New Hampshire is 16. No charges were filed related to his illegal relationship with the 15-year-old girl.

Moore would also go on to violate the requirements as a sex offender status after completing his six-month sentence.

A nonpartisan research agency, the Council of State Governments Justice Center, found that most of the people who return to jail after being released on parole or probation had not participated in any programs or services prior to their release.

As a convicted sex offender, Moore would have been required to undergo a sex offender evaluation and a treatment program. There are a range of treatment options that take anywhere between six and 18 months and help sexual offenders recognize and combat their triggers and cycles, said Deputy Director of Forensic Services Heidi Guinen, who works with incarcerated offenders. The skills taught in the sex offender program can also transfer over to help criminals with violent or abusive tenancies, she added.

"The greatest gift we can give victims is to help their perpetrator while we have them," Guinen said

But as recently as 2012, just 16 percent of incarcerated sex offenders in New Hampshire had been properly assessed, let alone treated, according to state audit reports. A department official declined to release Moore's private records or confirm if he had completed the required evaluations and treatment.

The Department of Corrections didn't compile on data the assessment rate prior to 2010.

The department has made progress and now assessed around 88 percent of inmates in a timely manner, according to their most recent audit in 2016. Officials are also looking into tracking recidivism rates for sexual offenders, Guinen said. She is cautiously optimistic about reducing repeat or escalated crimes.

"What is that saying, your history predicts your future? If I believe that, I'd have to go work at Walmart," she said. "We do prevent a lot. But, there's unfortunately no glass crystal ball that can predict this stuff."

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