Update on the case of Shu'aib A. Raheem

An appellate court panel has upheld an Albany County Supreme Court ruling that the state’s Board of Parole was within its rights to reconsider the parole of Shu'aib A. Raheem after hearing new testimony from the victim’s family members.

Once again it would appear that despite every effort an inmate has made while incarcerated, the victim's impact statement has become the single overriding factor which can keep an inmate in prison.

The full text of the decision from the Appellate Department, Third Division may be found here.

See also:
Uphold withdrawal of parole for cop-killer after family objects (Chief Leader, November 6 2009).
Cop killer's parole gets put on hold (NY Daily News, October 30 2009).

Ortloff sentencing delayed again until March 8th 2010

The sentencing of former Assemblyman and NY Parole Commissioner George “Chris” Ortloff has been delayed yet again, this time for a further four months.

His sentencing was originally adjourned from April 23rd until August 11th, then was delayed and was due to take place on November 9th 2009 at 2 p.m.

Now according to Assistant U.S. Attorney Thomas Spina, Ortloff's sentencing has once again been delayed and will now take place on March 8th 2010 at 11.30 a.m. at the federal district court in Albany.

"The parties need some additional time to address some sentencing issues," Spina said in a telephone message.

See also:
Ortloff sentencing delayed again (Albany Times Union, November 9 2009).
Ortloff sentencing delayed again (Press Republican, November 5 2009).
Ortloff’s sentencing delayed a third time — now to March (Adirondack Daily Enterprise, November 5 2009).
Ortloff sentencing delayed again (WCAX.com, November 5 2009).

Building Bridges - November 2009 edition

The November edition of Building Bridges is now available from the Prison Action Network.

Items covered in this issue include:

1. Activities around NYS
2. CFFCJP reports
3. Gardening at prison
4. ICARE column
5. Job opportunities
6. Lady Penumbra and Ty Conscious
7. Legislation
8. Lifers and Longtermers Clearinghouse
9. Obituary
10. Parole news
11. Post-conviction sealing hotline seeks input
12. Prison media
13. Prisoners of the census
14. Telephone rates lowered
15. Transportation to prisons

There are no further updates on the Graziano v. Pataki class action case.

Building Bridges - October 2009 edition

The October 2009 issue of Building Bridges has been released by the Prison Action Network.

Items discussed in this issue include:

1. Actions you can take
2. Alternatives to incarceration
3. Buffalo citizens prevail
4. Family Empowerment Day 5
5. Coalition for Fair Criminal Justice Policies
6. ICARE introduces new team member
7. Larry 'Luqman' White wins Citizen's Award
8. Legislation
9. Lifers and Longtermers Clearinghouse
10. Manhattan's D.A. Race
11. Parole
12. Prison Media
13. Prisoners of the Census
14. Transportation to prisons
15. 'Visitors' shows at Arthur Kill

NYS Parole Board responds to pressure and reconsiders two parole decisions

The NYS Parole Board has responded to pressure by agreeing to reconsider their decisions in two cases where parole had initially been granted, as they did in the case of Shu'aib Raheem almost two years ago.

Again and again members of the Parole Board are being overruled when they have made a decision that proves to be politically unpopular, particularly in cases where a victim of crime or victim's representative has not taken the opportunity to provide a statement in good time for a parole hearing.

In one of the injustices of the NYS Parole Statute, Executive Law § 259-i (2)(c)(A)(v), victim's impact statements submitted at a parole hearing can be used to keep an inmate in prison despite the fact that statements made by a crime victim or victim's representative were taken into account by the judge at the time of original sentencing. Thus an inmate is effectively sentenced over and over again; once by the sentencing judge at the time of his trial, and again by the Parole Board each time he comes up for a parole hearing.

Prosecutors cited an incomplete parole record and rushed to delay the parole release of José Diaz, who shot Bronx Assistant District Attorney Sean Healy in 1990. The parole record lacked statements from Sean Healy's own boss, Bronx District Attorney Robert T. Johnson; in addition, Healy's family had not taken the opportunity to give victim's impact statements. The State Parole Board has now reversed its decision to free Diaz.

In a separate hearing, Pablo Costello was recently granted parole after serving more than thirty years for his involvement in the murder of Officer David Guttenberg, who was shot when he interrupted a robbery. His parole release has been postponed to give David Guttenberg's widow, Barbara, an opportunity to file a victim's impact statement. Her statement will be reviewed by the Parole Board before a final decision is made.

Commenting on Pablo Costello's case, PBA President Pat Lynch stated, "It is our firm belief that, absent a death penalty, life in prison without the possibility of parole is the only just sentence for cop killers." (New York Daily News, September 26th 2009)

In these cases and others, it would appear that despite every effort an inmate has made while incarcerated and because of the injustice of the NYS parole system, the victim's impact statement is the single overriding factor which keeps an inmate in prison.

Building Bridges - September 2009 edition

The September edition of Building Bridges is now available from the Prison Action Network.

Items covered in this issue include:

1. Actions you can take
2. Center for Community Alternatives - two stories
3. Coalition For Fair Criminal Justice Policies
4. Fiscal crisis in corrections
5. ICARE Reports
6. Legislation
7. Lifers and Longtermers Clearinghouse
8. Parole news
9. Prison media
10. Transportation to prisons
11. Karen Lewis is found!

There are no further updates on the Graziano v. Pataki class action case.

Ortloff sentencing delayed yet again

The sentencing of former Assemblyman and NY Parole Commissioner George “Chris” Ortloff has been delayed yet again.

Ortloff, 61, a former Republican Assemblyman from Plattsburgh, is awaiting sentencing on his guilty plea to a felony count of enticement of minors, after he was caught last fall in a sting operation trying to set up sexual liaisons with two pre-teen sisters.

Ortloff surrendered himself to federal authorities in April to begin serving his prison term for enticement of minors, although he has not yet been formally sentenced.

His sentencing was adjourned from April 23rd until August 11th, and has now been delayed yet again until November 9th at 2 p.m. at the federal district court in Albany.

U.S. Assistant District Attorney Thomas Spina stated that the latest delay was due to a scheduling conflict.

Ortloff faces a mandatory minimum of ten years in federal prison and maximum penalty of life.

See also:
Ortloff sentencing remains in holding pattern (Albany Times Union, August 11 2009).
Ortloff sentencing delayed (Press Republican, August 9 2009).
Ortloff sentencing delayed until Nov. 9 (Adirondack Daily Enterprise, August 5 2009).
Ortloff sentencing delayed for second time (WPTZ.com, August 4 2009).