April 26, 2013
David McCallum is denied parole
For details:
Inmate Who Claims He Falsely Confessed Loses Parole Bid, by John Caher (New York Law Journal, April 26 2013)
When Admitting Guilt Is Not An Option, by Martin H. Tankleff (New York Law Journal, March 11 2013)
Inmate Cannot Clear His Name Without Evidence of Guilty Party, by John Caher (New York Law Journal, March 6 2013)
March 06, 2013
Inmate Cannot Clear His Name Without Evidence of Guilty Party
He has maintained a spotless disciplinary record while in prison, a "stunningly good record," and the parole board's own risk assessment places him at the lowest risk of re-offending, being arrested or absconding.
Yet he has been turned down for parole three times, at least in part because he refuses to accept responsibility for a crime he insists he did not commit.
His next parole hearing will be in April.
John Caher reports on McCallum's case:
Inmate Cannot Clear His Name Without Evidence of Guilty Party, by John Caher (New York Law Journal, March 6 2013)
September 22, 2012
An interview with former parole board commissioner Tom Grant
Q & A: Tom Grant, by John Caher (New York Law Journal, 21 September 2012)
Tom Grant gives his views on the parole process, including the selection of parole commissioners, pre- and post-interview preparation and discussion, the risk-and-needs assessment instrument, the movement towards a determinate sentencing structure, pressure on parole commissioners from public officials and members of the public, and unpopular parole decisions that result in public scrutiny and criticism.
Perhaps the most significant part of the interview is where Grant admits that there are some inmates who may never be paroled, no matter how well they do while in prison, and even if there is no likelihood that they will ever commit another crime:
"I happened to see one inmate on two separate occasions during my time on the parole board. He had participated in a heartbreaking crime as a teenager and he had subsequently done remarkably well during his lengthy period of incarnation. I don't believe he had one disciplinary infraction. He had already been denied by two or three parole boards, primarily due to the nature of the offense. It was a fatal shooting and he had an accomplice. During his interview, the other board commissioners and I focused on the logistics because it was unclear who might have actually fired the fatal shot. We denied him. From time to time I thought about the case. I said to myself, "I'll re-examine this, if I ever see this guy again," but it's all random who comes before you at an interview so I didn't know if I would see him again.
Four years go by, and I see him and the same questions come up, as they would. He was still doing well. In my opinion, he had no more likelihood of committing a crime than you or I. This time I voted to release him and the two other commissioners on the panel voted to keep him in. He is still in. He has life at the end of his sentence. I still think about it. We got bogged down with the logistics. He may never go home. That is the one I think about."
Grant's views on risk-and-needs assessment:
"The recent statute requiring the parole board to use a risk-and-needs assessment is perhaps the most significant positive change in parole-related statutes in the last two decades. Now that the Legislature and the Executive have moved away from an indeterminate sentencing structure to a determinate sentencing scheme, most of the cases the parole board will see in the future will be the non-drug A1 violent felons where the maximum sentence is life. If you look at the last two decades of research, the recidivism rate for released A1 violent felons is remarkably low. I would expect the risk-and-needs assessment instrument will provide the commissioners with a valuable empirical tool that will greatly aid them in decision making."
Grant makes the following two recommendations for reform:
"There should be a one-term limitation for parole board commissioners. The commissioner would, on the day of confirmation, know exactly when his term would end. This would reduce, if not eliminate, any perceived "outside influences" on the parole decision making process.
The second reform would offer the inmate an option to have a hearing, rather than just an interview, between the inmate and the commissioners for A1 felony (non-drug) cases. The inmate would be able to call witnesses on his behalf, perhaps relatives, employers, corrections counselors, someone from the Fortune Society or the Osborne Association. On the other side, if there was opposition to the release, the district attorney could participate, victims or their representatives, if they chose, could talk about how they and their families have been affected.
The hearing system for the A1's would ensure that the Parole Board had enough information to make an informed and reasoned decision based on the governing statutes.
If both of these proposals were enacted, they would encourage the board members to take even more care in their decision making."
February 25, 2012
Summary and comparisons of parole board appearances for A1 violent offenders in 2011
2011 A1VF SUMMARIES AND COMPARISONS:
INITIAL BOARDS:
218 interviews, 26 releases; for a release rate of 12%. Two of those 26 were rescinded. In 2007 there were 41 initial releases, 25 in 2008 after the hearing held by Senator Nozzolio, in 2009 there were 38 initial releases, and 39 in 2010, making 2011 the second lowest number of release decisions, as well as the second lowest rate of releases, in the last five years. Three of those initial release decisions were for deportation only, making the % of those released to their home communities 10.5%
REAPPEARANCES:
979 interviews, 209 releases; for a release rate of 21%. That is the second highest in the past five years. 31 of the 209 were released for deportation making the rate released to the U.S. 18%. Four of the 209 were released to another state and another 4 were released on special consideration hearings.
MEDICAL PAROLE:
This year saw what is believed to be the first A1VFs released on medical parole. A man was released on a medical parole board, although he had been parole eligible since 2002. A woman was released on a "true" medical parole board several years before reaching her parole eligibility date.
GENDER BREAKDOWN:
Of the 218 initial interviews, 212 were males (97%), 6 were females (3%). Of the 26 initial releasees, 25 were males (96%), 1 was female (4%).
Of the 979 reappearance interviews, 957 were males (98%), 22 were women (2%). Of the 209 releasees, 201 were male (96%) and 8 were female (4%).
RACIAL/ETHNIC BREAKDOWN:
Of the 218 INITIAL interviews, 123 (56%) were Black, 58 (27%) were Hispanic, and 32 (15%) were White. Of the 26 initial releasees, 16 were black (62%), 8 were Hispanic (31%) and 2 were White (8%). (Remaining numbers are other and unknown ethnicities.)
Of the 979 REAPPEARANCE interviews, 522 (53%) were Black, 239 (24%) were Hispanic, and 208 (21%) were White. Of the 209 releasees, 116 were Black (55%), 61 (29%) were Hispanic [or 51 and 24% excluding deportations], and 28 (13%) White. Remaining numbers are other and unknown ethnicities.
PRISON CATEGORY:
MEDIUMS: 728 (61%) of all interviews with 178 released (75% of releasees).
MAXIMUMS: 451 (38%) of all interviews with 57 released (24% of releasees).
The remaining interviews were in other facilities such as Walsh Medical Center or CNYPC.
HOW MANY BOARDS–NUMBER OF RELEASES–PERCENT OF TOTAL (235):
First —26–11%
Second —41–17%
Third —43–18%
Fourth —28–12%
Fifth —30–13%
Sixth —24–10%
Seventh —12*–5% *includes 1 medical release
Eighth —14–6%
Ninth —5–2%
Tenth —7–3%
Eleventh —4–1.6%
Twelfth —2–0.8%
AGES AND LENGTH OF INCARCERATION:
9 of those released were between the ages of 73 and 83, all on reappearances.
26 of those released were in prison since the 1970s, one since the 1960s, 111 since the 1980s and 97 since the 1990s.
[2 of the initial releasees were born after 27 of the other releasees had gone to prison.]
**None of the previous numbers are official or scientific; nor account for any de novo boards. The results are based upon unofficial, best efforts research. Please FOIL the Board of Parole for exact and official data.
March 16, 2011
Building Bridges conducts research into 180 parole hearings in the state of New York
March 11, 2011
Parole Boards Would Lose Authority Under Cuomo Plan
February 23, 2011
Interview with Tom Grant, member of the NYS Board of Parole from May 2004 to June 2010
July 03, 2010
Shu'aib Raheem is paroled
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)
June 08, 2010
Shu'aib A. Raheem wins parole release from prison
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)
June 06, 2010
Convicted of Murder as Teenager and Paroled at 41
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."
September 29, 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).
May 01, 2008
Parole hearing information is now on the NYS Division of Parole's web site
The first phase of the NYS Division of Parole's new initiative went online today, allowing users to look back at parole board determinations over the past two years, and forward to cases due to come before the board within the next six months. A link has been added to make it easier for crime victims to submit a victim impact statement.
Phase II of the initiative is due to go online later this year and will add search capabilities and information on individuals currently on parole, such as the length of sentence served by the offender, the supervising parole officer, and contact information for the appropriate regional parole office.
A statement about the new initiative by George B. Alexander, Chairman of the NYS Division of Parole, may be found here.
April 10, 2008
Parole update from Cheryl L. Kates Esq.
"April 9, 2008 - PAROLE UPDATE (Submitted by Cheryl Kates, Esq.). We have just learned that Parole will see parole applicants 4 months prior to their earliest release date in order to make time to prepare them for re-entry if they are released. They have adjusted most peoples' dates in the computer and they will be seen 2 months earlier than they were already scheduled."