The things that happen here in the North Country . . .

Glens Falls Post-Star

QUEENSBURY -- The civil confinement trial for a local sex offender ended in a strange way Wednesday.

Supreme Court Justice David Krogmann declared a mistrial because some prospective jurors began applauding when one of their group expressed an opinion that all sex offenders should be imprisoned for life.

The outburst came during the second day of jury selection in the civil confinement trial of Timothy Philmon, a former Glens Falls man who has been imprisoned much of the past 13 years for 1997 convictions related to the sexual abuse of four boys.

Philmon is approaching the end of his prison sentence, and the state is seeking to have him "managed" and, possibly, confined indefinitely in a secure facility, under its sex offender management and treatment statute.

Krogmann was presiding over jury selection in a trial during which jurors were to decide what type of management Philmon, 38, needs. Management of offenders can range from confinement to probationary supervision.

Krogmann had asked a prospective juror whether he could be fair and impartial and serve on the panel, and the man responded along the lines of "anyone convicted of a sex offense should spend the rest of their life in prison."

That answer was met by loud applause from a number of prospective jurors in the court gallery awaiting their turn in the jury box.

"It wasn't everyone, but it was more than a few," Krogmann said.

Philmon's state-appointed lawyer, Brian Callahan, asked for a mistrial, saying the outburst was prejudicial against his client.

The state Attorney General's Office, which is prosecuting the case, objected, but Krogmann found too much damage had been done to conclude the jury could be fair and impartial.

"I just felt it was so prejudicial, I had to declare a mistrial," he said.

Krogmann, who has been a judge for more than 20 years, said this was the first mistrial he has ever had to declare.

Bonnie Nadig, the county's commissioner of jurors, said no one could recall another mistrial in Supreme Court in Warren County in recent years.

She said the case will likely be tried again in March.

Philmon had been released from prison in 2008, but was jailed again after he exposed his genitalia to a 15-year-old boy and dared the boy to take his pants down.

Philmon is being held by the state Department of Correctional Services, pending further court action.