July 16, 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).

July 12, 2010

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)

July 07, 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."

July 04, 2010

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)