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.

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)

Building Bridges - December 2009 edition

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

Items covered in this issue include:

1. Activities around NYS
2. Calls from home
3. Coalition for Fair Criminal Justice Policies
4. Correctional Association's executive director is leaving
5. ICARE column
6. Lifers and Longtermers Clearinghouse
7. Lynne Stewart goes to prison
8. Parole news
9. Prison media
10. Prisoners of the census
11. The Telephone Justice Campaign
12. Transportation to prisons

Of particular interest to parole reform:

~ The Coalition for Fair Criminal Justice Policies will present the first draft of the revised 259-i at a member comment session on Saturday December 12, from 10:30 to 1. The Policy Committee Participants at Prison Action Network’s Family Empowerment Day 4 in October 2008 called for a change in the current parole law to make it conform to community standards of fairness and justice. This revised bill has been produced in response to that call, guided by feedback from members of the Coalition for Fair Criminal Justice Policies.

~ The Lifers and Longtermers Clearinghouse present the first part of their case describing the need for parole reform.

~ Graziano update: The case is still alive. Parties are waiting to learn the outcome of a case before the second circuit that could impact the Graziano case.

~ Shu'aib Raheem's rescission decision.

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.

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).

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.

See also:
Cop killers' pal: Parole Board's Thomas Grant keeps voting to turn 'em loose (NY Daily News, October 19 2009).
Menaces to society: Parole Board pair rightly overruled on freeing murderous drug dealer (NY Daily News, September 25 2009).

Update on Shu'aib A. Raheem's rescission hearing

Update on the September 5th rescission hearing of Shu'aib A. Raheem, from the Prison Action Network:

"Shu'aib was represented by NYC lawyer Lawrence Stern, who has been representing him since doing his trial appeal years ago. The judge denied Shu'aib Raheem's petition on the grounds that the Parole Board is empowered to reconsider its parole decisions without regard to time limits and the underlying rationale as long as the victims did not take advantage of the opportunities afforded them prior to the decision to make impact statements. His lawyer has filed a Notice of Appeal to the Appellate Division, 3rd Dept. The appeal will take several months, and the reconsideration hearing has been postponed until the appeal is decided."

(The Parole Board's approval of the release of Shu'aib A. Raheem was the turning point that led the State to withdraw from the tentative settlement in the Graziano v. Pataki case and precipitated this rescission hearing for Mr. Raheem.)

"Violent felons move forward with lawsuit over their rights to parole" - article by Sam Roberts

Sam Roberts picks up the story of the disintegration of the tentative settlement in the Graziano v. Pataki case with an article in the New York Times dated 30th December 2007.

Violent felons move forward with lawsuit over their rights to parole

Roberts outlines the key stages in the development of the case and identifies the Parole Board's approval of the release of Shu'aib A. Raheem as the turning point that led the state to withdraw from the settlement.

The Parole Board have responded to pressure by agreeing to reconsider the case of Mr. Raheem. His release, scheduled for January 3rd, has been delayed.