Cop-Killers Not Gaming System

Cop-Killers Not Gaming System

PBA's 'Parole-Shopping' Claim An Urban Legend

By ANDREA W. EVANS

Published in The Chief, Letters to the Editor, December 10, 2010

Patrolmen's Benevolent Association President Patrick J. Lynch has gotten a lot of mileage in the media in recent weeks (see The Chief, Dec. 3 issue: "PBA: Stop Cop Killers' Parole-Shopping") with the allegation that cop-killing inmates are gaming the parole system by postponing their interviews until they get a panel to their liking. Unfortunately, Mr. Lynch is factually inaccurate.

In support of his argument, Mr. Lynch cites five inmates (four named in last week's article in The Chief and another cited to the New York Daily News) whom he accuses of "parole-commissioner shopping," contending that each of them was able to postpone a scheduled appearance before the Parole Board in an apparent effort to stack the deck in their favor. I reviewed each of those cases and found that none of the individuals requested a postponement.

Here are the facts:

Samuel Hamilton—Mr. Hamilton's initial interview was postponed, but the postponement was not at his request. Mr. Hamilton was hospitalized and physically unavailable to attend the interview. When he did subsequently appear, Mr. Hamilton was denied parole.

Lawrence Harris—We have no record of Mr. Harris ever receiving a postponement. He has appeared before the parole board nine times, and was denied each time. He remains in prison.

Steven Chirse, Ronnie Bush and Rodney Bailey—Interviews for these three inmates were postponed, but not at the request of the inmates. The Parole Board postponed the matters because the record was incomplete and the sentencing minutes had not arrived. At rescheduled interviews, and after the Parole Board had an opportunity to review the sentencing judge's comments, all three were detained and remain imprisoned.

Mr. Lynch's allegation in the media of "rampant Parole Commissioner shopping" and his contention that "cop killers are 'forum-shopping' by adjourning their scheduled parole hearings for no legitimate reason" is simply not true. Regardless, I am concerned about the perception that inmates are exploiting the interview process and implemented the following safeguards last month, and explained in a letter I sent to Mr. Lynch on Nov. 26:

An inmate requesting to postpone a scheduled appearance before the Parole Board must inform his or her facility Parole Officer no less than seven days before the scheduled interview. This will alleviate the possibility that an inmate attempts to postpone an interview because he or she has learned which commissioners are on-site on a particular day.

When a facility Parole Officer is informed by an inmate prior to his or her appearance before the Parole Board that he or she intends to seek a postponement, the facility Parole Officer shall prepare a memorandum to the Board detailing the reasons provided by the inmate for the postponement.

The inmate requesting a postponement will appear before the Parole Board at the regularly scheduled release interview to make a formal request for postponement and to place on the record the reasons why a postponement should be granted. The Board will determine whether to grant or deny the request.

If an inmate refuses to appear before a panel of the Parole Board at his or her regularly scheduled release interview, the board shall conduct the interview in absentia.

It is my hope that this policy will curtail any attempts to forum-shop, as well as the perception that inmates are manipulating the process.

Finally, I would like to stress that it is the Legislature—not the Board of Parole—that has made "cop killers" eligible for parole.

The Legislature could have mandated that those who kill police officers serve a sentence of life without parole. There was no such law at the time the inmates above were sentenced, and there is still no such law (although a life-without-parole sentence is now possible, as a judicial option, in certain cases). It is not the role of the Parole Board to impose a sentence that was neither authorized by the Legislature nor pronounced by the court. Rather, it is the Parole Board's role to apply the law as written and give fair consideration to anyone serving a parole-eligible sentence, even those involved in the homicide of a police officer. That is what the Board does, and must continue to do, until and unless the Legislature directs otherwise.

Ms. Evans is the Chairwoman of the New York State Board of Parole and Chief Executive Officer of the New York State Division of Parole.

See also:

Stop Cop-Killers' Parole Board Shopping: four delay hearings. (The Chief, December 3 2010)

Graziano v. Pataki update: December 10th 2010

A major disappointment in the Graziano v. Pataki federal civil rights case, which aims to restore justice and fairness to the parole hearings of inmates convicted of violent felonies.

GRAZIANO v. PATAKI update from the Prison Action Network:

On Friday, Dec 10 2010, Judge Seibel of the US District Court, Southern District of New York, dismissed the above-referenced case under Federal Rule of Civil Procedure 12(c). The court declined to follow the law of the case decided by the late Judge Brieant, and despite not finding a change in the applicable law, decided to follow a non-binding, unpublished opinion by the Second Circuit Court of Appeals. In short, the judge stated that even if the NY Parole Board is violating state law by deciding that all those convicted of murder should be denied parole, it is a matter of concern for the state courts, not the federal constitution. Robert Isseks, Alex Smith and Peter Sell, the legal team representing Graziano et. al. intend to appeal this ruling.

Additionally, in September Judge McDonough in Albany State Supreme Court dismissed their claim on state law grounds. They plan to appeal to the Second Circuit.

Building Bridges - December 2010 edition

The December edition of Building Bridges has been issued by the Prison Action Network.

Topics covered this month include:

1. Activism: actions, meetings and events

2. Buffalo’s Jerry Balone inspires students

3. Introducing the In Your Face Movement

4. The New Jim Crow, Chapter 2 quotes

5. Lifers and Longtermers Clearinghouse by Larry Luqman White

6. NYS Parole Reform Campaign - time to take two steps forward!

7. Parole news, including Graziano update

* Lifers and Longtermers Clearinghouse: Larry White and the Hope Lives for Lifers Reintegration Program have developed a reintegration program consisting of a series of study groups/workshops to address particular reintegration needs of incarcerated individuals preparing for release.

* The NYS Parole Reform Campaign asks advocacy organizations to support their legislative proposal to reform the parole process so that parole applicants are fairly evaluated instead of being punished with repeated and unjustifiable parole denials.

* On Friday, Dec 10, Judge Seibel of the US District Court, Southern District of New York, dismissed the above-referenced case under Federal Rule of Civil Procedure 12(c). The court declined to follow the law of the case decided by the late Judge Brieant, and despite not finding a change in the applicable law, decided to follow a non-binding, unpublished opinion by the Second Circuit Court of Appeals.

Liberate N.Y. from its prisons, by Robert Gangi

Liberate N.Y. from its prisons, by Robert Gangi. (Albany Times Union, Tuesday, December 7, 2010)

Despite a sharply declining prison population and the very real need to cut state agency budgets, New York has closed hardly any of its underutilized prisons. For example, the state budget approved earlier this year included eliminating funding for just 450 beds.

More ambitious plans to shut facilities have failed largely for political reasons. Concerned about the loss of jobs, the correction officers union and legislators from upstate areas where most of the prisons are located have successfully blocked most closure proposals made by the state's past three governors: George Pataki, Eliot Spitzer and David Paterson.

Now, however, trends that have been building for years in New York have reached a level of an almost perfect storm. The stage has been set for a major government initiative to close costly, empty prisons. Those trends include a continuing fiscal crisis with a projected $9 billion deficit for the next fiscal year alone, a prison population that has declined from more than 71,600 in 1999 to fewer than 57,000 today, a 28 percent drop in the crime rate in the last 10 years and a growing number of unused prison beds -- more than 8,000, by the state's own recent count.

Now Andrew Cuomo is coming into office with an unmistakable mandate to put state government in order. Cuomo stated during the campaign that he was prepared to stand up to the state's public service employee unions and to oversee substantial cuts in state agency budgets.

Given the convergence of these political and economic factors, given all those empty spaces and the dropping crime rate, why shouldn't the state's leaders move to close facilities?

Albany policymakers can enact additional population reduction measures that will make such a cost savings step easier to take:

Fully repeal the Rockefeller Drug Laws. Even after last year's reforms, mandatory sentencing provisions remain on the books that will cause the imprisonment of thousands of minor drug offenders each year.

Restore work release. In 1994, more than 27,000 state inmates participated in work release, a proven, cost-beneficial program that aids in the safe transition back to the community. Now, about 2,500 are enrolled.

Expand graduated sanctions for technical parole violations. Last year, more than 8,000 people were returned to state prison for technical parole violations -- such as showing up late for an appointment or breaking curfew -- not for committing new crimes. Instead of returning people to prison, the state could enhance their level of supervision.

Increase parole release and expand merit time eligibility. The state Parole Board often denies individuals release because of the nature of their crime, despite their positive institutional records. Merit time, which allows inmates to earn time off their sentences, is not available to those convicted of violent offenses. Combined, these two policies delay the release of thousands of people every year.

When New York passed the Rockefeller Drug Laws in 1973, only about 12,500 people were confined in its prisons. About 300,000 people were locked up in the nation's prisons and jails. Those harsh laws effectively triggered a mandatory sentencing movement that swept the country. Today our nation's correctional facilities house nearly 2.4 million people, a growth of more than 600 percent.

This social experiment in "mass incarceration" has been a failure by any criteria. The evidence that it enhances public safety is, at best, mixed. Some consider it criminogenic. It has been enormously expensive, costing federal and local governments billions each year. And it has had a devastating impact on low-income communities of color where a starkly disproportionate number of the people who we imprison come from.

New York can perform a pivotal role in pointing criminal justice practice in a more productive direction by downsizing its prison system and re-investing some of the money saved in proven rehabilitation and community-based prevention programs.

The week after his election, Andrew Cuomo toured Sing Sing prison and spoke to the press afterward. He cited New York's declining prison population, calling it "good news." He also strongly suggested that New York could no longer justify paying to keep open institutions whose employees "literally have no function."

That was good news, too, and a significant signal that, on the prison downsizing front, New York's next governor is determined to fulfill a major campaign promise by succeeding where his predecessors so tellingly failed.

Robert Gangi is executive director of the Correctional Association of New York.

Building Bridges - November 2010 edition

The November edition of Building Bridges has been issued by the Prison Action Network.

Topics covered this month include:

1. Activism: actions, meetings and events.

2. Criminal history records present problems in college admissions.

3. CPR Prison leadership training program.

4. CA reports on abuses in juvenile system.

5. FRPs and Free Bus application process.

6. ICARE reports on expansion of program and invites input.

7. Indigent Legal Services Board looking for director.

8. Michigan increases parole releases to save money and reduce recidivism.

9. The New Jim Crow, quotes from Chapter 1.

10. NYS Parole Reform Campaign solicits readers' responses.

11. Parole News.

12. VOCAL-NY announcement.

13. Voting Rights granted to Great Britain’s prisoners.

Building Bridges - October 2010 edition

The October edition of Building Bridges has been issued by the Prison Action Network.

Topics covered this month include:

1. Activism: actions, meetings and events

2. Campaign for Parole Reform

3. Erie County Prisoners Rights Coalition

4. Mental Health Guide

5. Parole News

6. Sen. Schneiderman and Rev. Sharpton

7. Voting Rights Rally

8. Women's special needs

9. Work Release letter sent to governor

Building Bridges - September 2010 edition

The September edition of Building Bridges has been issued by the Prison Action Network.

Topics covered this month include:

1. Activities for advocates; statewide
2. Campaign for Parole Reform
3. Clemency application deadline Oct.1
4. Domestic Violence Survivors Justice Act
5. Erie County Prisoners Rights Coalition
6. ICARE column
7. Job Ops in Capital District and NYC
8. Legislation Updates
9. Marilyn Buck Solidarity Fund
10. Milk Not Jails
11. Parole News
12. Prison Media
13. Syracuse march for prisoners' rights

The Policy Committee of the Coalition For Fair Criminal Justice Policies has completed their latest draft of a proposal to change parole policies. They will be meeting with interested groups and individuals to plan their 2010-2011 legislative strategy. If you would like a copy of the latest revision, please contact the Campaign for Parole Reform.

Building Bridges - August 2010 edition

The August edition of Building Bridges has just been issued by the Prison Action Network.

Topics covered this month include:

1. Activities for advocates; statewide
2. Campaign for Parole Reform
3. Castle Gardens
4. Erie County Prisoners Rights Coalition
5. Job Op: Director of Reentry Institute
6. Legislation Updates
7. Parole News
8. Prison Media
9. Prisoners of the Census
10. Restorative Justice

Of particular interest to parole reform in this edition:

* The Campaign for Parole Reform calls for action from those who wish to remove the nature of the crime from the list of reasons the Parole Board can use for denying parole.

"Since it's too late for our proposal (see past Coalition for Fair Criminal Justice Policies columns) to become a bill now that the legislative session is over, we will use the time before the next session, which begins in January 2011, to let our representatives know that there are a lot of us who support being "smart on crime" and reforming our parole policies. Instead of asking them to support our specific proposal we suggest sharing our stories about how current practices and policies are affecting us personally."

* Restorative Justice - Fr. Ronald Lemmert, the catholic chaplain at Sing Sing for the past fifteen years, writes eloquently of his experience with another way of dealing with people who have committed crimes. From Fr. Lemmert's testimony at Shu'aib Raheem's rescission hearing:

"... I think we owe it to our own crime victims' families to show them a better way of dealing with their pain and anger, so they too can find peace and be free. If keeping Shu'aib locked up for the past 37 years has not helped yet, I seriously doubt if more time will ever make any difference. But I do not believe people in such pain are capable of objectively evaluating how much time is required or is appropriate to repay them for their suffering. That's why we have a Parole Board! Instead of focusing on the pain, which never goes away until the person is ready to let go of it, the Parole Board should be looking for signs of transformation in the person who committed the crime. If the person has a good institutional record, has taken advantage of educational opportunities to learn a better way of life and make positive contributions within the facility, those are good indications that a major transformation has occurred - and that the person is a good candidate for release."

See Building Bridges for the full story.

Ortloff sentenced to 12.5 years in prison

Disgraced former Republican Assemblyman and "tough on crime" New York Parole Commissioner George "Chris" Ortloff received his sentence in Albany today for attempting to arrange the rape of two preteen girls at a Colonie motel through their "mother", an undercover State police investigator.

His sentencing, postponed five times while negotiations took place, has been followed intently by lawmakers and inmates alike, concerned that he may receive too lenient a judgement. Their concerns were justified, as despite describing Ortloff's actions as amongst the most heinous and disturbing crimes possible, U.S. District Court Judge Thomas J. McAvoy sentenced him to 12 years and six months in prison, far less than the sentence of between 15 years and eight months and 19 years and seven months recommended by Federal prosecutors.

Ortloff, once one of the most powerful Republican lawmakers in the North Country, was also fined $50,000 – which McAvoy said he had the resources to pay – and was ordered to have no unsupervised contact with minors, to participate in a sex offender program, and to register as a sex offender.

He will have to be supervised for the rest of his life upon his release.

In a twenty minute prepared statement, Ortloff claimed to be completely cured of his addiction to child pornography and his desire to have sex with very young girls. Assistant U.S. District Attorney Thomas Spina, who prosecuted the case, stated unequivocally that Ortloff does pose a danger to the community.

Ortloff will receive a taxpayers-funded $53,136.00 yearly pension for the rest of his life, even while in prison, guaranteed under the state Constitution.

Effectively, his $50,000 fine is being funded by New York taxpayers.

See also:
Many say Ortloff got off too easily (Adirondack Daily Enterprise, August 11 2010)
Former Plattsburgh Assemblyman Chris Ortloff receives 12 year sentence after child sex plea (North Country Public Radio News audio file, August 11 2010)
12 years for act without defense (Albany Times Union, August 10 2010)
Ortloff sentenced to 12.5 years in prison (Press Republican, August 10 2010)
Ortloff gets 12-1/2 years in prison (Adirondack Daily Enterprise, August 10 2010)
Community reacts to Ortloff sentencing (Press Republican, August 10 2010)
Ex-NY lawmaker gets 12 1/2 years in sex case (Associated Press, August 10 2010)
Some thoughts on the sentencing of former Plattsburgh Assemblyman Chris Ortloff (North Country Public Radio blog, August 10 2010)

Building Bridges - July 2010 edition

The July edition of Building Bridges has just been issued by the Prison Action Network.

Items in this edition include:

1. Activities for Advocates - State-wide
2. Coalition for Fair Criminal Justice Policies: on 259-i progress
3. Erie County Prisoners Rights Coalition
4. ICARE on celebrating independence
5. Legislation; one passed, one to go
6. Lifers and Longtermers Clearinghouse on the visit of Andrea Evans to Sullivan Correctional Facility
7. Parole News: statistics and biographies of new Parole Board members
8. Prison Media

Of particular relevance to parole reform:

* A discussion about the new members of the Parole Board. The current Board is heavily weighted with former police officers and DAs, which is not conducive to fair and unbiased decisions at parole hearings.

* The Lifers and Longtermers Clearinghouse give their report on the meeting of Andrea W. Evans, Chair of the Board of Parole, with the Second Look Think Tank at Sullivan Correctional Facility. "It was the first time that a sitting head of the Division visited a NYS prison to discuss the state of parole — to not only convey the Division’s intentions but, importantly, to seriously listen to the assessments and recommendations put forth by incarcerated men."

* The Coalition for Fair Criminal Justice Policies are currently meeting with victims' groups, and hope to collaborate with them on further refining their proposal for amending Executive Law §259 (i).

Ortloff sentencing delayed for fifth time until August 10 2010

Former Assemblyman and New York Parole Commissioner Chris Ortloff's sentencing on child sex charges has been delayed for a fifth time.

Ortloff was due for sentencing on July 13, but according to U.S. Assistant District Attorney Thomas Spina, the proceedings have been pushed back until 2:30 p.m. August 10 in Albany.

This delay, as with the others, was granted to allow the defense more time to address issues with the pre-sentencing report, which has an impact on the terms and length of sentencing. Spina said the defense plans to submit letters asking for a lighter sentence.

Ortloff could be sentenced to a mandatory minimum of 10 years in prison and a maximum of life, plus a $250,000 fine. He will receive a taxpayers-funded $53,136.00 yearly pension for the rest of his life, even while in prison, guaranteed under the state Constitution.

Update August 4th:

"Federal prosecutors are recommending a prison sentence of between 15 years and eight months and 19 years and seven months for former North Country Assemblyman Chris Ortloff.

The time range is based on federal sentencing guidelines for his sex crime with credit for his cooperation with authorities.

Ortloff's defense wants him sentenced to the 10-year minimum, arguing that his cooperation, history of public service, continued support from people who knew him and other factors mean the guidelines would result in too severe of a sentence in his case."

Full story by the Adirondack Daily Enterprise.

See also:
Ortloff sentencing tomorrow (North Country Public Radio News, August 9 2010)
Ortloff gives names in hopes of reducing prison time (Press Republican, August 5 2010)
Ortloff prison debate: Feds want 15-20 years; defense seeks 10 (Adirondack Daily Enterprise, August 4 2010)
Ex-Assemblyman's computer files aided in sex probe (Times Union, August 4 2010)
Sentencing for Ortloff still on for Aug. 10 (Adirondack Daily Enterprise, July 29 2010)
Ortloff sentencing delayed yet again (Times Union Blog, July 12 2010)
Another delay in Ortloff sentencing (Press Republican, July 10 2010)
Both sides want Ortloff’s sentencing delayed a month (Adirondack Daily Enterprise, June 25 2010)

New Bills sponsored to amend the Parole Statute

The controversy over parole reform continues, with the sponsoring of the following new Bills to amend the Parole Statute, Executive Law §259 (i). Bills S08259 and S08260 were introduced by Senator Martin J. Golden, while Bill S08360 was introduced by Senator Michael F. Nozzolio. Once again, Senator Golden focuses on denying parole to inmates who have killed a police officer, regardless of an inmate's remorse, rehabilitation, any qualifications and achievements gained whilst in prison, and all the other factors to be taken into consideration in Executive Law §259 (i). Whether these Bills ever become law or not, Republican senators are making their intentions very clear.

S08259: Requires unanimous agreement by the parole board to release an inmate on parole.
Justification for S08259: "When it comes to making the critical determination whether to set someone free on parole, the board should seek unanimity. Consider recent decisions that resulted in the release of cop-killers. Recently, the Parole Board voted 2-1 to grant parole to cop killer Shuaib Raheem. Raheem was involved in a botched armed robbery in Williamsburg, NY in 1973, which resulted in the death of Patrolman Stephen Gilroy and injured Patrolman Frank Carpentier. Also recently, after pressure from some Senators and police organizations, cop killer John MacKenzie, who opened fire during a burglary in West Hempstead in 1975 and killed Nassau County Police Officer Matthew Giglio, was denied parole. Another convicted copkiller Anthony Blanks was scheduled for a parole hearing at Shawangunk State Prison in Wallkill, NY. Blanks is a cold-blooded cop-killer and a dangerous criminal. He killed Patrolman Arthur Dematte in 1976 in Larchmont, using the policeman's own revolver, and then fled in his police cruiser. His hearing has now been postponed. That homicide left Patrolman Dematte's wife without a husband, his four young children without a father, and his fellow officers without a friend and partner. Each time Anthony Blanks is eligible for parole, the family is once again victimized and the Police Department relives this tragedy."

S08260: Relates to the appearance of certain law enforcement officers at parole hearings.
Justification for S08260: "When it comes to making the critical determination whether to set someone free on parole, the board needs all the evidence it can muster. This should include information from those with the most intimate knowledge of what the inmate is capable of. Police agencies know this better than anyone else. Consider some of the recent determinations by the board: Recently, the Parole Board voted 2-1 to grant parole to cop killer Shuaib Raheem. Raheem was involved in a botched armed robbery in Williamsburg, NY in 1973, which resulted in the death of Patrolman Stephen Gilroy and injured Patrolman Frank Carpentier. Also recently, after pressure from some Senators and police organizations, cop killer John MacKenzie, who opened fire during a burglary in West Hempstead in 1975 and killed Nassau County Police Officer Matthew Giglio, was denied parole. Another convicted cop-killer Anthony Blanks was scheduled for a parole hearing at Shawangunk State Prison in Wallkill, NY. Blanks is a cold-blooded cop-killer and a dangerous criminal. He killed Patrolman Arthur Dematte in 1976 in Larchmont, using the policeman's own revolver, and then fled in his police cruiser. His hearing has now been postponed. That homicide left Patrolman Dematte's wife without a husband, his four young children without a father, and his fellow officers without a friend and partner. Each time Anthony Blanks is eligible for parole, the family is once again victimized and the Police Department relives this tragedy."

S08360: Directs the division of parole to maintain a current list of all inmates due to appear before a parole board.
Justification for S08360: "The rate of release of violent felons, particularly those who have committed murder, has recently dramatically increased. New State Division of Parole data shows that A-1 violent felons appearing for the first time before the Parole Board are now being released at a rate 180% higher than during Governor George Pataki's last term in office. Felons who reappear before the Board are being released at a rate 122% higher than during Pataki's last term. Media reports have also detailed several instances where A-1 murderers have been released without any contact with the victim's families. The Division of Parole maintains an Internet web site, but does not provide any information to the public on the web site regarding who will be considered for parole or the dates of parole hearings. The Division also does not provide information to the legislature as to whom has been released and the rates of release."

Five new members appointed to the New York State Board of Parole

Five new members of the New York State Board of Parole have been approved by the Senate Standing Committee on Crime Victims, Crime and Correction, Senator Ruth Hassell-Thompson, Chair. Governor Paterson has withdrawn a previous recommendation to reduce the number of parole commissioners from 19 to 13.

On Thursday, June 17, 2010 the Committee on Crime Victims, Crime and Correction approved the following nominations:
Henry Lemons, as a Member of the State Board of Parole.
Edward M. Sharkey, as a Member of the State Board of Parole.
Lynn Anne Tabbott, as a Member of the State Board of Parole.
Seny Taveras, as a Member of the State Board of Parole.
Nicholas A. LaBella, as a Member of the Citizen’s Policy and Review Council.
See video of the hearing

On Monday, June 28, 2010, the Committee approved the nomination of Richard J. Clarke to the State Board of Parole.
See video of the hearing

N.B. These appointments have not yet been confirmed by the full Senate.

The Prison Action Network has gathered together further details about the new parole commissioners, including disturbing details about Senator Martin J. Golden's attitude during the hearings "... in particular when he asked each nominee if they would vote to release a person who killed a police officer, and then followed it by asking for their personal opinion about ever releasing someone who killed a police officer."

See also:
Gov. Paterson appoints party loyalists to cushy Parole Board jobs with salaries over $100,000 (New York Daily News, July 13 2010)

Shu'aib Raheem is paroled

Shu'aib Raheem is finally paroled, amid furore from the media.

See articles below:
Outrage As Convicted Cop Killer Walks Free In New York (myfoxdetroit.com, July 3 2010)
Man convicted in 1973 cop slay freed (New York Post, July 3 2010)
Police blast release of man in 1973 officer slay (Associated Press, July 3 2010)
Cop killer Shu'aib Raheem paroled 37 years later, NYPD outraged by decision (New York Daily News, July 3 2010)
Cop Killer Walks: outrage from victim's kin and police pals (New York Post, July 3 2010)
Brooklyn cop killer Shu'aib Raheem free after 35 years behind bars for Stephen Gilroy death (New York Daily News, July 2 2010)

Building Bridges - June 2010 edition

The June edition of Building Bridges has just been issued by the Prison Action Network.

Items in this edition include:
1. Activities for advocates: Statewide, Albany, Bronx, Buffalo, Manhattan
2. CCR has filed federal lawsuit
3. Coalition for Fair Criminal Justice Policies - on 259-i
4. ICARE Community Educator
5. Legislation
6. Parole news
7. Prison media

Update on the work of the Coalition for Fair Criminal Justice Policies to amend Executive Law §259 (i):

"Exciting news! Senator Tom Duane has agreed to sponsor our bill!! We are still working with Assemblyman Jeffrion Aubry, who has agreed to sponsor it in the Assembly, to alleviate some of his concerns. What happens next is the bill gets sent to the Legislative Bill Drafting Commission to be put in bill form. No law may be enacted in New York State unless it has been adopted by the Legislature in bill form. Once it is introduced in the Senate, it will go to the Introduction and Revision Office, where it will be examined and corrected, given a number, sent to the appropriate standing committee, entered into the Senate computer, deemed to have had its first and second readings and printed."

Building Bridges also carries a report of the recent parole release of Shu'aib Raheem following his rescission hearing on June 3, 2010.

Shu'aib A. Raheem wins parole release from prison

Amid the ongoing controversy over the parole release of violent criminals and the injustice and inconsistencies inherent in New York State's Parole Statute, Shu'aib A. Raheem has won his release from prison. His particular case has caused much dispute but finally, at his rescission hearing on Thursday June 3rd, the Parole Board voted 2 to 1 to free him. According to officials, Parole Board members Thomas Grant and Debra Loomis voted for his release, while Henry Lemons voted against it. Raheem will be freed no later than July 8th.

Senate Republicans, led by Senator Martin Golden, reacted to the news of Raheem's parole release by immediately joining with police organizations to call for stronger parole laws.

The Paterson administration gave a swift response: "Sen. Golden's comments are outrageous and he owes Governor Paterson and his administration an apology," said Paterson spokesman Morgan Hook. "The two Parole Board members who voted in favor of releasing Shu'aib Raheem are Pataki appointees. Both of their terms expire this month and they will both be replaced by Gov. Paterson."

Further details may be found in the following articles:
On June 3, Shu'aib Raheem was granted parole release for the second time in three years (Building Bridges, June 13 2010)
Golden says Paterson Admin has blood on its hands over parolee (NY Daily News, June 8 2010)
Senate Republicans join with police organizations to call for stronger parole laws (New York State Senate, June 8 2010)
'What the hell WERE they thinking?' Parole idiots suck up to '73 cop killer Shuaib Raheem (NY Daily News, June 5 2010)
Cop-killer on the roam (New York Post, June 5 2010)
Parole for Police Officer's Killer (NY Times, June 4 2010)
Shu'aib Raheem, who killed NYPD cop in 1973 botched robbery, to be released from prison (NY Daily News, June 4 2010)

Convicted of Murder as Teenager and Paroled at 41

Convicted of Murder as Teenager and Paroled at 41, by Trymaine Lee (New York Times, June 4 2010)

A story in the New York Times follows Diana Ortiz through all her parole hearings. Ortiz was sentenced to 17 years to Life for her role in the killing of an off-duty police officer in 1983. Robert Dennison was Chairman of the Parole Board that finally freed her, after she had spent more than half her life in prison.

Brief extracts from the article follow, where Robert Dennison refers to the subjectivity and the pressure of parole hearings, particularly in the case of so-called A1 violent offenders:

... Parole Board members, who must have a college degree and five years of experience in criminal justice, sociology, law, social work or medicine, can serve an unlimited number of six-year terms, earning $101,600 a year. By law, they must interview inmates in person and are required to consider their criminal histories, prison achievements and sense of remorse. Ultimately, though, parole decisions are subjective. "It's a real hard issue: how much time should you do for taking a life?" Mr. Dennison said. "Many times, the parole commissioners feel differently than the judge and probably say to themselves or say to one another, 'I don't really care what the judge gave the person, I don't feel comfortable letting this person out. And I am going to hold him for two more years.' And that can go on and on and on forever."

... Governor Pataki, a Republican, at one point tried to change state law so that A-1 offenders could not be paroled, and in 2006, a group of A-1 offenders filed a class-action suit claiming his administration had an unwritten policy that violated their rights by denying parole based solely on the severity of the crime. "I never got any direct pressure from Pataki not to let certain people out," Mr. Dennison said, "but he did make it clear in the newspapers that he didn't want violent felons released."

... Mr. Dennison said he witnessed spirited debate and angry outbursts among the commissioners, and developed a keen understanding of the subtle — or not — messages sent from the offices of elected officials about certain kinds of cases. "The way it works is that you are free to make whatever decision you feel is the right decision," he explained. "However, if you were sponsored by a particular state senator and you made a decision he didn't like, it is conceivable that the next time you are up to be reappointed, he may not push your name to the governor."

... "It is an easy job if you don't have courage and you don't have compassion," he said. "Because then you really don't care. And then it is easy to make whatever decision you want without feeling guilty, without feeling, 'Gee, maybe I made the wrong decision.' "

... Mr. Dennison said he loved the job, taking pride in having an impact on people's lives — freeing those he deemed deserving, leaving caged those he determined were dangerous.

... Having left the board in 2007, Mr. Dennison, now 63, spoke plainly about Ms. Ortiz's case in a recent interview. "He was an off-duty police officer," he said of the victim, "and, basically, people didn't want to let her out because of that."

Building Bridges - May 2010 edition

The May edition of Building Bridges has just been issued by the Prison Action Network.

Items covered in this edition include:

1. Activities for advocates; statewide
2. Coalition for Fair Criminal Justice Policies report
3. Erie County Prisoners Rights Coalition
4. ICARE - Mother's Day Poem
5. Job Training Opportunity
6. Legislation
7. Medical Parole
8. Milk Not Jails
9. NYS Prisoner Justice Network
10. Parole News
11. Prison Media
12. Prisoners of the Census

The Coalition For Fair Criminal Justice Policies present an update on the progress of the proposed revisions to Executive Law § 259-i:

"Since the nature of our proposed bill would require it to be passed first by the Crime Victims, Crime and Corrections Committee in the Senate, and since Sen. Hassell-Thompson is the committee's chair, we need to give her first chance at sponsorship. We've been meeting with her staff and we expect to have a definitive response by the June 15 edition. We are also meeting with Assembly Member Jeffrion Aubry to address some of his concerns about our proposal and we are optimistic that his sponsorship will be forthcoming, but probably not during this legislative session.

Some concerns about the portion of our proposal that limits what victims or their families can present to the parole board have been voiced to us by victims' advocacy groups. In order to better understand those concerns we have had several discussions and one lengthy in-person meeting with a victim's advocacy group. We are working to find common ground that would strengthen our bill and would meet their concerns. Our discussions and efforts continue."

Building Bridges - April 2010 edition

The April edition of Building Bridges is now available from the Prison Action Network. (N.B. There will be no May issue of Building Bridges, as the editor is taking a month's sabbatical.)

Items covered in this issue include:

1. Activities for advocates, statewide
2. Coalition ready to move forward
3. Downscaling prisons
4. Drug war analysis is subject of book by Michelle Alexander
5. ICARE column - census issues
6. The Judicial Process Commission
7. Lifers and Longtermers Clearinghouse
8. Milk not Jails
9. NYS Prisoner Justice Conference
10. Parole news
11. Prison media
12. Prisoners of the Census
13. Telephone Justice - new rates

Of particular relevance to parole reform in this issue - Judith Brink's report on the NYS Prisoner Justice Conference:

"The NYS Prisoner Justice Conference was a success! We had a full house, and everyone was energized and willing to work hard to correct the wrongs that we all agreed exist.

I came away from the event with a stronger resolve than ever to answer the mandate of the Family Empowerment Day participants who joined to form the Coalition For Fair Criminal Justice Policies. They voted to work to move the Parole Board away from being able to deny parole based solely on the nature of the crime or criminal history. Out of the Coalition was born a Policy Committee charged with the task of changing the law that sets Parole Board policies. That has been done in the form of a proposal for amending Executive Law § 259-i. Now we need to begin the next stage, moving our proposal into reality as a law of New York State.

The proposed changes would ensure that no one ever again gets denied parole because of the nature of their crime or their criminal history. Instead, parole release would be solely determined by the parole applicant's success at eliminating the conditions, behaviors, and thinking that led to his or her arrest in the first place. Once a parole applicant can produce evidence of rehabilitation and readiness for a return to society without posing a threat, they should be released. And then it becomes the community's responsibility, with the assistance of the division of parole, to help them with their reintegration.

The first step in making our proposal a law is to find a sponsor in both houses of our legislature. The legislators in turn need to convince other legislators to support it. We have to find a sponsor, and we have to convince our own representatives to get on board..."

Ortloff sentencing delayed for fourth time until July 13 2010

Former Assemblyman and New York Parole Commissioner Chris Ortloff's sentencing on child sex charges has been delayed for a fourth time.

Ortloff's sentencing, scheduled this time for March 8, has been pushed back until 11 a.m. on July 13 in Albany, Assistant U.S. Attorney Thomas Spina said Monday. Ortloff remains in jail, however.

"The defense filed a memorandum requesting the adjournment, citing the need for additional time to respond to issues in the pre-sentencing investigation report and to provide the court with additional materials relevant to sentencing," Spina said.

The defense sent the letter to Judge Thomas J. McAvoy on Monday, Feb. 22, and he granted the four-month delay a day or two later. Spina said the number of delays is unusual, and he thinks this will be the last one.

"I don't think the judge is going to entertain any more requests," Spina said.

Full story:
Ortloff sentencing delayed 4th time (Adirondack Daily Enterprise, March 2 2010)
Ortloff sentencing pushed back again (Times Union Blog, March 1 2010) has the full text of the request for the delay in sentencing.
Ortloff sentencing delayed again (Press Republican, February 27 2010)

Building Bridges - March 2010 edition

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

Items covered in this issue include:

1. Activities for advocates, statewide
2. Coalition initiates campaign for parole reform
3. ICARE on DOH oversight of DOCS HIV/AIDS treatment
4. Job opportunities
5. Know Your Rights Project for immigrant detainees
6. Legislation watch
7. Medicaid and disability program rules
8. Lifers and Longtermers Clearinghouse
9. NYS Prisoner Justice Conference
10.Parole News
11.Prison media: radio, video, print, theater
12.Transportation to prisons

Of particular interest to parole reform:

The Coalition for Fair Criminal Justice Policies are actively pursuing legislative sponsorship of their proposed revisions to Executive Law §259-i, the section of the parole statute which describes the way the NYS Board of Parole must operate. The Coalition will bring their proposed revision of Executive Law §259-i to the New York State Prisoner Justice Conference on March 27th.

Quoting from Building Bridges: "This work is a beginning step toward our larger purpose, which is to move the NYS criminal justice system as a whole toward a reintegrative model. This model engages a person, from the time of their arrest until their reintegration, in the development of a reintegration document which would identify the contributing factors leading up to the arrest, and the strengths and assets they might use, if so motivated, to return quickly to life as a productive citizen. It could be used to inform the bail hearing, the indictment, the attorneys, and the judge who would be guided by it in designing a sentence that provided specific recommendations for this particular person to prepare him or her for reintegration. And if the sentence included incarceration the document would continue to be revised as the person moved through the system, and when they completed the conditions of the sentence they would be released. Our revisions to Executive Law §259-i would enable people who have met specific criteria to be released. In that way, it conforms to this overall reintegrative model as best it can without the rest of the model in place. (In the case of an indeterminate sentence, the release would be to parole supervision and the conditions of parole would again be based on the reintegration document.)"

Building Bridges goes on to describe the steps required for the proposed revisions to Executive Law §259-i to be adopted by the Legislature in bill form.

Law has little effect on early release for inmates

New York's new state guidelines for medical parole release may have led to a surge in applications for early release on medical grounds — 202 inmates last year, compared with 66 in 2008 — but they have had little effect on the outcome. Originally, the compassionate-release law provided early release to inmates suffering from terminal illness or permanent disability, with the exception of those convicted of first-degree murder, second-degree murder, sex offenses, or any attempt to commit those crimes. New legislation, adopted within the 2009 state budget bill, now allows all but first-degree murder offenders to qualify under the compassionate-release law.

Despite the fanfare within the corrections field about the humanitarian and financial benefits of compassionate release — New York is one of a dozen states that have expanded, enacted or streamlined programs over the past two years — the policy shift has had minimal effect. Experts attribute this to the fear that freed inmates, no matter how sick, might commit further crimes, as well as to the difficulty of placing dying criminals in nursing homes.

"The problem is, when we start trying to put people out, there are others in the community who are sure we're trying to make more crime in the community," said Dr. Lester Wright, chief medical officer for the New York State Department of Correctional Services.

Sadly, Eddie Jones, the 89-year-old inmate who could have become the first prisoner to be freed under New York's expanded compassionate-release law, died on the morning of February 1st in his hospice bed in a state prison, according to corrections officials and his niece. He was nine days away from his parole hearing, at which it was hoped that he would be released into his family's care.

Read the full story:
Law has little effect on early release for inmates (New York Times, January 30 2010).
Killer, 89, hoping for mercy, dies in prison (New York Times, February 2 2010).
Death shines light on life: terminally ill inmate puts focus on compassionate release (The Daily Mail, February 3 2010).

Current members of the NYS Board of Parole

Details of the current members of the New York State Board of Parole may be found here.

Building Bridges - February 2010 edition

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

Items covered in this issue include:

1. Activities for advocates, statewide
2. CFFCJP reveals proposal for 259-i revision
3. ICARE on Black History Month
4. Legislation Watch
5. Medical Parole releases
6. NJ's progressive criminal justice legislation
7. NYS Prisoner Justice Conference
8. Parole News
9. Prison Media: radio, Internet, movies
10. Prisoners of the Census - NYS coalition formed
11. Transportation to Prison
12. Women In Prison Project reports on Lobby Day


Of particular interest to parole reform is the summary of proposed changes to NYS Executive Law § 259-i, given by the Coalition For Fair Criminal Justice Policies, and quoted in detail below. [For comparison, the full text of NYS Executive Law § 259-i currently governing the procedures of the State Board of Parole may be found here.]

Here is the summary of proposed changes to Executive Law § 259-i, prepared by the Coalition For Fair Criminal Justice Policies.

Executive Law § 259-i describes the way the State Board of Parole must operate.

Section 1 has been removed because it established how to set minimum periods of imprisonment. That responsibility was returned to the Courts in the 1980's, so the Board of Parole no longer has a punitive responsibility. The Parole Board now is responsible for determining a person's readiness to remain at liberty without violating the law.

Parole hearings must take place with all parties in the same room, and it must be video and sound recorded. Copies of the recording must be made available to the Division of Parole and the parole applicant or someone representing the parole applicant. No one else will have access.

At least one month before the hearing, the applicant must be allowed to see all documents about him/her that will be supplied to the Parole Board. No documents shall be considered confidential, including mental health records (unless they can reasonably be expected to cause substantial and identifiable harm to the parole applicant or others, in which case the parole applicant would be told that such documents exist in his/her file, but won't be allowed to see them).

If the Parole Board denies release, they will be required to state in detail the reasons for the denial, and the specific actions, programs or accomplishments needed in order to qualify for parole release at their next hearing, and provide this information to the parole applicant within two weeks of the hearing. Within 90 days the Dept. of Corrections must provide access to the means for achieving the requirements specified by the Parole Board.

The parole applicant will have a rehearing before the Parole Board upon completion of the specific requirements, or in 24 months, whichever comes first.

At the rehearing, if the Parole Board determines that the requirements have been successfully completed, release shall be granted.

If the parole applicant hasn't completed the specific requirements within twenty-four months the Board will identify the deficiencies and list the remedies to be taken by the applicant, and the process will be repeated.

The Parole Board shall consider good conduct and efficient performance of duties while confined, and preparedness for re-entry and reintegration into society, in making their decision whether the person will be able to live and remain at liberty without violating the law.

In making their determinations the following things must be considered by the Parole Board:

1. the applicant's institutional record, including program goals and accomplishments as stated in facility performance reports
2. academic achievements
3. vocational education
4. training or work assignments
5. therapy
6. interpersonal relationships with staff and other sentenced persons
7. other indications of pro-social activity, change and transformation.
8. if it's a reappearance, the progress made towards the completion of the specific requirements previously set forth by the Parole Board
9. participation in a temporary release program
10. release plans, including community resources, employment, education and training and support that will be available
11. a deportation order

Concerning victim impact statements, the Parole Board may only consider statements about behavior which took place after sentencing and in which the applicant [or his/her representative] threatened or intimidated the victim.

Paterson seeks to slash 6 Parole Board seats as workload falls

"ALBANY — The state Parole Board, whose members make $101,600 each for the politically appointed posts, would be cut from 19 members to 13 under a proposal by Gov. David Paterson.

Paterson wants to cut the board and save the state more than $600,000 a year because the number of hearings the members attended has plummeted 32 percent, from 36,046 in 1995 to 24,662 in 2008.

Despite the decreased workload, their salaries and benefits haven't changed.

"At a time when the state is facing a fiscal crisis, we have to look at every single area of state government," said Paterson's budget spokesman, Matt Anderson. "We believe the board can still achieve its mission with 13 members at a savings of over half-a-million dollars to taxpayers." "

The length of term served by each member of the NYS Board of Parole would be lowered from six years to five under Paterson's proposal.

Read the full story by Joseph Spector, Gannett News Service's Albany Bureau Chief

See also:
You Paid For It: State Parole Board Salaries (wgrz.com, November 19 2009).

Jared Brown has been appointed as a member of the New York State Parole Board

ALBANY, NY - New York State Board of Parole chairwoman and CEO Andrea W. Evans today announced that Jared Brown has been appointed as a member of the New York State Parole Board. The new appointment will leave three seats vacant on the 19-seat Parole Board.

Governor David A. Paterson nominated Brown on June 15, 2009. He was confirmed by the State Senate on January 26, 2010. The term for Commissioner Brown expires on June 18, 2012.

“I am pleased that Mr. Brown will lend his expertise to the Board of Parole,” Governor Paterson said. “His background and professional experience make him well-suited to serve the people of the State of New York in this capacity.”

“We are pleased to welcome Mr. Brown to the Board of Parole,” Chairwoman Evans said. “His background will be an asset to the work of the commissioners statewide.”

A practicing attorney since 1976, Brown became a partner in Brown and Guilbert, a New York City Law Firm in 1984. Prior to practicing law, Brown worked as a narcotics parole officer with the New York State Addiction Control Commission and at the New York City Department of Social Services.

Building Bridges - January 2010 edition

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

Items covered in this issue include:

1. Activities around the state
2. Billboard to help ex-prisoners
3. Coalition for Fair Criminal Justice Policies
4. ICARE column on parole denials
5. Lifers and Longtermers Clearinghouse
6. NYS Prisoner Justice Conference
7. Parole News
8. Prison Media
9. PRP2! calls press conference
10. Prisoners of the Census
11. Re-entry grants to implement drug law reforms
12. Rockefeller drug law reforms explained
13. Transportation to prisons

Of particular interest to parole reform:

~ On behalf of the Lifers and Longtermers Clearinghouse, Larry Luqman White presents the second part of their case for parole reform, outlining the justification for a Bill to bring §259(i) into compliance with penal law §1.05. He clarifies the respective roles of the Judiciary, the Department of Correctional Services and the Parole Board and explains that the critical focus of the Parole Board should be solely on the question of whether the parole applicant is ready for reintegration.

~ ICARE community educator Jafar Abbas writes about parole denials from his own experience, and describes the impact they have on families expecting and anticipating the release of a loved one.