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Citing ‘stellar rehabilitation efforts’ while in prison, judge grants convicted sex offender’s motion to suspend remaining 6 years of his sentence

By Dean Shalhoup - Senior Staff Reporter | Oct 14, 2020

NASHUA – A Superior Court judge has granted former Nashua resident David Proverb’s motion to suspend the remainder of his minimum 20-year prison sentence, which was imposed in March 2009 after a jury found him guilty of 12 counts of aggravated felonious sexual assault.

In his order, issued following a hearing last week in Hillsborough County Superior Court South, Judge Charles Temple said his decision “is based on Mr. Proverb’s genuine acceptance of responsibility, his stellar rehabilitation efforts, his extraordinary educational and vocational training and his extensive involvement in volunteer work” while in prison, according to the order.

Temple also noted Proverb’s “minimal disciplinary record” in prison and referred to him as “an inmate who has earned this suspension.”

Prosecutors assented to Proverb’s motion, meaning they raised no objection to it being granted.

Nashua police arrested Proverb in 2007 following an investigation that began when the victim of the sexual assaults, described in court documents as a friend of Proverb’s daughter, told a school guidance counselor that she was being assaulted.

The victim, who was roughly 11-13 years old during the course of the assaults, lived in the same Nashua apartment complex as Proverb and his family. His daughter, according to court documents, became friends with the girl, and she often stayed overnight at the Proverb residence.

Police initially filed 14 sex-assault related charges against Proverb, plus two counts of endangering the welfare of a child.

Nearly two years later, after a series of changes of defense counsel, motions hearings and continuances, including a scheduled plea-and-sentencing agreement that was later withdrawn, Proverb went to trial on those charges in February 2009.

During the three-day trial, the court dismissed two of the aggravated felonious sexual assault charges, and the jury found Proverb not guilty of two of the felonious sexual assault charges.

But jurors convicted Proverb of the remaining 10 sex-assault charges and the two endangering the welfare of a child counts.

At Proverb’s sentencing hearing in March 2009, then-Judge Robert Lynn sentenced him to two consecutive 10-20 year prison terms, plus several terms to run concurrently with the total 20-40 year term.

After such adjustments as being credited with the time he’d served awaiting trial, Proverb’s minimum release date was set at Sept. 2, 2026.

Now, according to Temple’s order, Proverb is eligible for assessment and entry into the state’s sex-offender treatment program.

In conclusion, Temple wrote that the court “applauds the Department of Corrections and Mr. Proverb for their joint commitment to rehabilitation at the highest level.”

Dean Shalhoup may be reached at 594-1256 or dshalhoup@nashuatelegraph.com.

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