The January edition of Building Bridges has been issued by the Prison Action Network.
Their brief summary is given below. Please see Building Bridges for full details and ways to help.
1. Violence against women in prison.
2. End the Stigma/Expand Opportunities Campaign kicks off with screening of "The Long Shadow of Incarceration's Stigma".
3. Misconception, an article by an incarcerated columnist, says prisoners are not the violent animals the press would have us believe.
4. New Jim Crow Forum presentation in Brooklyn. Senator Eric Adams, Chris Johnson, Glenn Martin, Jason Meyers and parishioners at St. Mary's Episcopal Church Harlem will be speaking.
5. The Parole Reform Campaign hopes you will sign their pledge and give your suggestions.
6. Parole News - November and December releases include Peter Graziano; look for 2012 summary in February issue; comments from a parole applicant; claim that State parole violation rules have been eased.
One of the above December releases was Peter Graziano, a well known name throughout the NYS prison system as the lead plaintiff in Graziano et.al. Although the case was lost, many of the 'et.al' have been released, and now in January Mr. Graziano will also be going home. It was his seventh hearing. He thanks everyone who supported the lawsuit over the years.
Parole Revocation Barred for Defendant Unfit to Stand Trial
The above titled article by John Caher published in the New York Law Journal on January 2 2013 reports that the Appellate Division, First Department, has held in Matter of Lopez v. Evans, 2012 NY Slip Op 09188 that a parolee found mentally incompetent to stand trial on new charges is also unfit to proceed with a parole revocation hearing. Based on the same conduct that led to the charges, Lopez's parole was revoked by an administrative panel that found "mental illness is not an excuse for a parole violation".
7. Commissioner Brian Fischer's testimony on Educational and Vocational Programs in Prison (November 29 2012).
8. Reentry.net/NY calendar lists events and meetings in your area on issues you may care about.
9. Supportive Housing is in trouble.
10. Tribute Dinner to family members of political prisoners and prisoners of war.
11. Yale Law Journal announces winners - four New Yorkers are among them.
January 15, 2013
December 28, 2012
Court finds that the Board had the right to rescind parole in the case of Pablo Costello
The NYS Parole Board's rescission of parole in the case of Pablo Costello has been upheld, in a December 27 court decision:
"It was within the Board's discretion to rescind parole in light of the substantial evidence of significant information not previously known by the Board."
But in disagreeing over whether belatedly submitted victim impact statements constitute new evidence, the judges in this case have highlighted an issue that may have to be reconsidered in the Court of Appeals.
Justice Edward Spain dissented, stating that in his view "... the record does not support the decision of respondent Board of Parole to order a rescission hearing nor does it reflect the presence of substantial evidence justifying the Board's decision to rescind parole."
He also gave the opinion that "Courts should be loathe to condone what could become a trend in the parole process in which certain victim impact statements are held back until after a decision to grant parole is made, forcing the Board to confront unabashed media frenzy, public pressure and familial outrage, and to then entertain newly drafted but belated victim impact statements aimed at undoing considered Board decisions awarding parole. Finally, those who oppose petitioner's parole release openly advocate the recurring position that an inmate convicted for the death of a law enforcement officer — even a nonshooter convicted of felony murder, as here — should never be released on parole. It bears emphasis that this was not and is not the law."
Pablo Costello's parole was revoked by the Board when surviving family members came forward to state their opposition to his release after parole had already been granted. Costello's appeal against this decision was supported by a joint amicus brief submitted by six former parole commissioners, urging the Appellate Division, Third Department, to hold the Board of Parole to a higher standard and prevent it from revoking an inmate's release simply because victims object after parole has been approved.
For further details, see:
Matter of Costello v. New York State Bd. of Parole 2012. NY Slip Op 09116 (Decided 27 December, 2012)
Upstate Panel Finds Board Had Right to Rescind Parole, by John Caher (New York Law Journal, December 28 2012)
Ex-Parole Commissioners Decry Rescission of 'Cop Killer' Release, by John Caher (New York Law Journal, November 26 2012)
"It was within the Board's discretion to rescind parole in light of the substantial evidence of significant information not previously known by the Board."
But in disagreeing over whether belatedly submitted victim impact statements constitute new evidence, the judges in this case have highlighted an issue that may have to be reconsidered in the Court of Appeals.
Justice Edward Spain dissented, stating that in his view "... the record does not support the decision of respondent Board of Parole to order a rescission hearing nor does it reflect the presence of substantial evidence justifying the Board's decision to rescind parole."
He also gave the opinion that "Courts should be loathe to condone what could become a trend in the parole process in which certain victim impact statements are held back until after a decision to grant parole is made, forcing the Board to confront unabashed media frenzy, public pressure and familial outrage, and to then entertain newly drafted but belated victim impact statements aimed at undoing considered Board decisions awarding parole. Finally, those who oppose petitioner's parole release openly advocate the recurring position that an inmate convicted for the death of a law enforcement officer — even a nonshooter convicted of felony murder, as here — should never be released on parole. It bears emphasis that this was not and is not the law."
Pablo Costello's parole was revoked by the Board when surviving family members came forward to state their opposition to his release after parole had already been granted. Costello's appeal against this decision was supported by a joint amicus brief submitted by six former parole commissioners, urging the Appellate Division, Third Department, to hold the Board of Parole to a higher standard and prevent it from revoking an inmate's release simply because victims object after parole has been approved.
For further details, see:
Matter of Costello v. New York State Bd. of Parole 2012. NY Slip Op 09116 (Decided 27 December, 2012)
Upstate Panel Finds Board Had Right to Rescind Parole, by John Caher (New York Law Journal, December 28 2012)
Ex-Parole Commissioners Decry Rescission of 'Cop Killer' Release, by John Caher (New York Law Journal, November 26 2012)
December 18, 2012
Appeals Court to Review Parole Rescission in Abduction Case
The power of the NYS Parole Board to revoke an inmate's release is again under review with the case of Aurelina Leonor, challenging the board of parole's decision to rescind her release after criticism from reports in the New York Post.
Leonor's rescission appeal has parallels with the current appeal and challenge brought by Pablo Costello in a separate case. The parole board rescinded Costello's release decision after complaints that the victim's survivors had not been offered an opportunity to state their views.
In each case, it is argued that there is no materially significant new information to justify the rescission of the release decision.
For a full report of Aurelina Leonor's appeal, see:
Appeals Court to Review Parole Rescission in Abduction Case, by John Caher (New York Law Journal, December 18 2012)
For a report on Pablo Costello's appeal, see:
Ex-Parole Commissioners Decry Rescission of 'Cop Killer' Release, by John Caher (New York Law Journal, November 26 2012)
Leonor's rescission appeal has parallels with the current appeal and challenge brought by Pablo Costello in a separate case. The parole board rescinded Costello's release decision after complaints that the victim's survivors had not been offered an opportunity to state their views.
In each case, it is argued that there is no materially significant new information to justify the rescission of the release decision.
For a full report of Aurelina Leonor's appeal, see:
Appeals Court to Review Parole Rescission in Abduction Case, by John Caher (New York Law Journal, December 18 2012)
For a report on Pablo Costello's appeal, see:
Ex-Parole Commissioners Decry Rescission of 'Cop Killer' Release, by John Caher (New York Law Journal, November 26 2012)
December 17, 2012
Update on the Graziano v. Pataki case, December 2012
The following update on the long-running Graziano case, which aimed to restore justice and fairness to the parole hearings of inmates convicted of violent felonies, is given by the Prison Action Network.
'Lawyers who worked pro bono for years on the case have finally conceded defeat. "We were denied en banc review. It seems that we lost this case. We tried and are disappointed in the loss," reported Peter Sell, who with Robert Isseks made up the legal team.'
'Lawyers who worked pro bono for years on the case have finally conceded defeat. "We were denied en banc review. It seems that we lost this case. We tried and are disappointed in the loss," reported Peter Sell, who with Robert Isseks made up the legal team.'
December 16, 2012
Building Bridges - December 2012 edition
The December edition of Building Bridges has been issued by the Prison Action Network.
Their brief summary is given below. Please see Building Bridges for full details:
1. Bring Back the Buses - DOCCS free bus service was created to support rehabilitation by strengthening family ties.
2. Calendar of Events - for family members and anyone else who wants to get involved in changing the criminal justice system.
3. "Central Park 5" documentary, now showing at commercial theaters, exposes the corruption that poisons our criminal justice system.
4. Corey's column describes his struggle to succeed in the face of incomplete freedom.
5. Educational and vocational programs were the topic at a hearing with the NYS Assembly's Corrections Committee where Glenn Martin shared the testimony of Fortune Society clients.
6. Fortune in My Eyes describes how the Fortune Society was conceived in the theater.
7. Getting out and staying out. Parole Board obstacles, community obstacles, and how to help overcome them.
8. A conversation about the impact of political imprisonment and mass imprisonment on our families and our communities presented by the Sedou Odinga Defense Committee.
9. Job openings that don't discriminate against people with criminal records.
10. NYS Parole Reform Campaign. Let’s pass the SAFE Parole Act this year! It will take all of us working very hard. Will you help? Send us your pledge.
11. Parole News - October releases, updates on recent Judicial and Parole Board hearings and a report on the Amicus Brief filed by five past Parole Commissioners, in which they accuse the Parole Board of caving to outside pressure.
Douglas Thwaites was released in October, on his second appearance before the Parole Board, for deportation. On December 21, 2011, the court granted his Article 78 against the Parole Board. In his decision, Hon. Lawrence H. Ecker, J.S.C. accused the Board of employing past-focused rhetoric, not future-focused risk assessment analysis, thus failing to sustain a rational determination on the inquiry at hand: whether there is a reasonable probability that, if such inmate is released, he will live and remain at liberty without violating the law. The court found the Board's decision denying parole to be arbitrary and capricious, irrational, and improper and annulled the Board's determination, vacated the denial, and directed the board to, within 30 days *, hold a new hearing with a different panel of the Board. (*The Board did not comply with the 30 day time limit, and waited until October to give Mr. Thwaites another interview.)
12. Reentry Roundtable's 7th anniversary - join them for lunch and a talk on the importance of effective reentry services, by Rob Carmona.
13. Senate Shenanigans. No... let's upgrade that to Senate Insanity. Or a trip down the Rabbit hole. This year's NYS legislative practices are anyone's guess. We pray it may be a brand new day that restores justice, but it doesn't look promising.
14. In Our Name will be presenting a Veteran's Conference in May, focusing on the needs of homeless, substance abusing, and incarcerated veterans. Ed Tick, of Soldier's Heart, will join with other cutting edge professionals to talk about some effective interventions for PTSD.
Their brief summary is given below. Please see Building Bridges for full details:
1. Bring Back the Buses - DOCCS free bus service was created to support rehabilitation by strengthening family ties.
2. Calendar of Events - for family members and anyone else who wants to get involved in changing the criminal justice system.
3. "Central Park 5" documentary, now showing at commercial theaters, exposes the corruption that poisons our criminal justice system.
4. Corey's column describes his struggle to succeed in the face of incomplete freedom.
5. Educational and vocational programs were the topic at a hearing with the NYS Assembly's Corrections Committee where Glenn Martin shared the testimony of Fortune Society clients.
6. Fortune in My Eyes describes how the Fortune Society was conceived in the theater.
7. Getting out and staying out. Parole Board obstacles, community obstacles, and how to help overcome them.
8. A conversation about the impact of political imprisonment and mass imprisonment on our families and our communities presented by the Sedou Odinga Defense Committee.
9. Job openings that don't discriminate against people with criminal records.
10. NYS Parole Reform Campaign. Let’s pass the SAFE Parole Act this year! It will take all of us working very hard. Will you help? Send us your pledge.
11. Parole News - October releases, updates on recent Judicial and Parole Board hearings and a report on the Amicus Brief filed by five past Parole Commissioners, in which they accuse the Parole Board of caving to outside pressure.
Douglas Thwaites was released in October, on his second appearance before the Parole Board, for deportation. On December 21, 2011, the court granted his Article 78 against the Parole Board. In his decision, Hon. Lawrence H. Ecker, J.S.C. accused the Board of employing past-focused rhetoric, not future-focused risk assessment analysis, thus failing to sustain a rational determination on the inquiry at hand: whether there is a reasonable probability that, if such inmate is released, he will live and remain at liberty without violating the law. The court found the Board's decision denying parole to be arbitrary and capricious, irrational, and improper and annulled the Board's determination, vacated the denial, and directed the board to, within 30 days *, hold a new hearing with a different panel of the Board. (*The Board did not comply with the 30 day time limit, and waited until October to give Mr. Thwaites another interview.)
12. Reentry Roundtable's 7th anniversary - join them for lunch and a talk on the importance of effective reentry services, by Rob Carmona.
13. Senate Shenanigans. No... let's upgrade that to Senate Insanity. Or a trip down the Rabbit hole. This year's NYS legislative practices are anyone's guess. We pray it may be a brand new day that restores justice, but it doesn't look promising.
14. In Our Name will be presenting a Veteran's Conference in May, focusing on the needs of homeless, substance abusing, and incarcerated veterans. Ed Tick, of Soldier's Heart, will join with other cutting edge professionals to talk about some effective interventions for PTSD.
November 25, 2012
Ex-Parole Commissioners Decry Rescission of 'Cop Killer' Release
An unprecedented amicus brief has been signed by six former members of the New York State Parole Board, and is accompanied by a petition accusing the New York State Board of Parole of bowing to pressure from the media and the New York City Patrolmen's Benevolent Association (PBA) by rescinding parole for Pablo Costello, who had already been approved for release.
The brief is signed by Robert Dennison, Vernon Manley, Thomas Grant, Barbara Treen, Theodore Kirkland and Edward Hammock. These six former parole commissioners, including two previous chairmen and three parole board members appointed by Governor George Pataki, urge the Appellate Division, Third Department, to hold the Board of Parole to a higher standard and prevent it from revoking an inmate's release simply because victims object after parole has been approved.
At the same time, in a separate case, advocates for Samuel Hamilton are preparing to challenge his repeated denial of parole by the Board, despite his strong support from both the prosecutor who sent him to prison and the state corrections commissioner.
Key points from the amicus brief:
* The Board is aware of how crime affects victims, and it assumes that victims continue to grieve.
* The Board needs clear standards if it is to avoid sitting in judgment of victims' grief.
* The Board cannot treat victims or prisoners fairly in an atmosphere that is easily sensationalized and conducive to improper influence.
For full report, including Pablo Costello's brief, the Board of Parole's reply, and details of Samuel Hamilton's case, see:
Ex-Parole Commissioners Decry Rescission of 'Cop Killer' Release, by John Caher (New York Law Journal, November 26 2012)
The brief is signed by Robert Dennison, Vernon Manley, Thomas Grant, Barbara Treen, Theodore Kirkland and Edward Hammock. These six former parole commissioners, including two previous chairmen and three parole board members appointed by Governor George Pataki, urge the Appellate Division, Third Department, to hold the Board of Parole to a higher standard and prevent it from revoking an inmate's release simply because victims object after parole has been approved.
At the same time, in a separate case, advocates for Samuel Hamilton are preparing to challenge his repeated denial of parole by the Board, despite his strong support from both the prosecutor who sent him to prison and the state corrections commissioner.
Key points from the amicus brief:
* The Board is aware of how crime affects victims, and it assumes that victims continue to grieve.
* The Board needs clear standards if it is to avoid sitting in judgment of victims' grief.
* The Board cannot treat victims or prisoners fairly in an atmosphere that is easily sensationalized and conducive to improper influence.
For full report, including Pablo Costello's brief, the Board of Parole's reply, and details of Samuel Hamilton's case, see:
Ex-Parole Commissioners Decry Rescission of 'Cop Killer' Release, by John Caher (New York Law Journal, November 26 2012)
November 15, 2012
Building Bridges - November 2012 edition
The November edition of Building Bridges has been issued by the Prison Action Network.
Their brief summary is given below. Please see Building Bridges for full details:
1. Education: Invitation to an educational session on the importance of Pell Grant access in prison.
2. The Campaign to bring back the free prison bus service has a petition for you and your family and friends to sign.
3. Find out if you are eligible to have your convictions conditionally sealed.
4. Seven rights are listed in the Safe Community Declaration of 2013 by Corey Parks.
5. A New York Times editorial says that denying voting rights to people who have paid their debt to society offends the fundamental tenets of democracy.
6. "Fortune in My Eyes", the memoir of Fortune Society's founder, has been praised by the NY Times as a "profile in courage".
7. Michelle Alexander comes to Albany, will speak to high school students and law students.
8. The National Criminal Justice Commission Act would establish an independent national commission to conduct a review of the nation's criminal justice system and recommend consensus-based and cost-effective reforms. The Leadership Conference on Civil and Human Rights asks that you sign on to support S.306, the National Criminal Justice Commission Act, which would establish an independent national commission to conduct a review of the nation's criminal justice system and recommend consensus-based and cost-effective reforms.
9. Open letter to the President lists actions we would like him to take in the next four years, including ending the use of solitary confinement. We want a safer and more peaceful country, where freedom and justice are primary values.
10. Parole News: September release statistics and the challenges of appointing appropriately qualified Parole Commissioners.
11. Prisoners Are People Too! - their October meeting was cancelled due to Super Storm Sandy. Rescheduled for 11/26.
12. Prisoners Make Us Look Good - NY Times article notes absence of prisoners in statistics regarding black progress.
13. Pro Bono legal assistance will be required of all future applicants for the NYS Bar exam.
14. Senate Shenanigans or not? Will we have a Democratic majority? And will it be a repeat of 2008? The votes are still being counted but according to a Times Union Capital blog entry by Jimmy Vielkind, In the State Senate historic Democratic victories come with an asterisk the Democrats appear to have picked up enough votes to regain the majority they won in 2008.
Their brief summary is given below. Please see Building Bridges for full details:
1. Education: Invitation to an educational session on the importance of Pell Grant access in prison.
2. The Campaign to bring back the free prison bus service has a petition for you and your family and friends to sign.
3. Find out if you are eligible to have your convictions conditionally sealed.
4. Seven rights are listed in the Safe Community Declaration of 2013 by Corey Parks.
5. A New York Times editorial says that denying voting rights to people who have paid their debt to society offends the fundamental tenets of democracy.
6. "Fortune in My Eyes", the memoir of Fortune Society's founder, has been praised by the NY Times as a "profile in courage".
7. Michelle Alexander comes to Albany, will speak to high school students and law students.
8. The National Criminal Justice Commission Act would establish an independent national commission to conduct a review of the nation's criminal justice system and recommend consensus-based and cost-effective reforms. The Leadership Conference on Civil and Human Rights asks that you sign on to support S.306, the National Criminal Justice Commission Act, which would establish an independent national commission to conduct a review of the nation's criminal justice system and recommend consensus-based and cost-effective reforms.
9. Open letter to the President lists actions we would like him to take in the next four years, including ending the use of solitary confinement. We want a safer and more peaceful country, where freedom and justice are primary values.
10. Parole News: September release statistics and the challenges of appointing appropriately qualified Parole Commissioners.
11. Prisoners Are People Too! - their October meeting was cancelled due to Super Storm Sandy. Rescheduled for 11/26.
12. Prisoners Make Us Look Good - NY Times article notes absence of prisoners in statistics regarding black progress.
13. Pro Bono legal assistance will be required of all future applicants for the NYS Bar exam.
14. Senate Shenanigans or not? Will we have a Democratic majority? And will it be a repeat of 2008? The votes are still being counted but according to a Times Union Capital blog entry by Jimmy Vielkind, In the State Senate historic Democratic victories come with an asterisk the Democrats appear to have picked up enough votes to regain the majority they won in 2008.
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