Parole

By Jeff Deskovic – Exonerated after 16 years in prison

 

Governor Mario Cuomo believed in giving deserving inmates a second chance. While he was in office, an inmate could simply do his/her time, stay out of trouble, take educational programs to demonstrate a commitment to a crime free life, and s/he would make parole. If denied, then s/he was certainly going to be paroled at the next parole board appearance. That was fair, after all, the trial judge, being familiar with the facts of cases, were in a position to impose the minimum sentence which the ends of justice would require.

When George Pataki became governor, he swore an oath to uphold the laws of the state. That included the statute governing parole. There were press releases and news articles, in which he would publicly say, "We must end parole for those convicted of violent crimes" ― indicating that he wanted the state legislature to change the laws surrounding parole. The legislature never did that, realizing the wisdom in allowing people the opportunity to turn their life around and contribute to society. Unable to get his way, Pataki then advised the parole board to start automatically denying the parole applications of persons convicted of a violent crime, including first time offenders, and even those who had demonstrated a commitment to self-improvement who were therefore in good position to contribute to society. There were a variety of statements made to reporters, anonymously of course, from people in the Pataki administration, to the effect that the Board had been instructed not to parole those who had been convicted of violent crimes. Similarly, there were public statements by Parole Board members that the board 'had gotten the message.'

As the result of having paroled Kathy Boudin, who had been convicted of a felony murder but had served her time, staying out of trouble and educating herself, Brion Travis the State Commissioner of Parole was transferred to a job at the State Insurance Department. The sentencing judge in Boudin's case had stated, in assessing the facts, "I see no reason why Boudin should not be release after her 'minimum' if she stays out of trouble."

Bion’s removal as State Commissioner of Parole sent a clear message to the Parole Board and constituted blatant interference and contravention of the law. To highlight the acknowledged illegality, the Pataki administration, in attempting to cover its hide, officially denied that the transfer of Travis was in any way related to the decision to parole Boudin. Yet, "off the record," an official with knowledge of the situation said that the move was a direct result of that very decision.

Except from Article George Pataki's Negative Impact On The Prison System Is Still Felt

The entire article can be found on the Internet in The Cell Door Magazine Vol 7 Issue 2 http://celldoor.com

Other Articles by Deskovic in CDM Vol 7 Issue 2 on the Internet:

DNA Expansion Proposal Considered by State Assembly Had Provisions Inconsistent With Justice - Part 1 & 2

Jeff Deskovic – Exonerated after 16 years in prison