April 26, 2013

David McCallum is denied parole

David McCallum has been denied parole for the fourth time, for a crime he insists he did not commit.

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)

April 25, 2013

Building Bridges - April/May 2013 edition

The April/May edition of Building Bridges has been issued by the Prison Action Network.

Prison Action Network's brief summary is given below. Please see Building Bridges for full details and their current news about parole, ways to help and get involved.

1. Especially if you're a veteran who's done time in prison, or are the family member of an incarcerated veteran, you will welcome this opportunity to do some important healing - not only of your own pain, but of the system that then landed you in prison - in a luxurious setting, with all expenses except your transportation paid. All veterans and their families are invited!

2. Legislation considered in both houses of our legislature reveals the progress of our movement to make change in the legal system that controls our lives. Merit time bill is defeated.

3. Second Look Think Tank at Sullivan met with retiring DOCCS Commissioner Fischer and Vanda Seward, Director of Statewide Reentry Services, for a discussion of issues that affect all stakeholders in the reintegration process.

4. Parole News: March releases; Volunteer wanted to help with statistics; Morris’s judicial victory validates that the Parole Board deliberately holds some people in prison despite their readiness for reentry; Howard Marnell's case and rescission hearing; advice on meeting appeal deadlines; Legal Aid Society wins Article 78 claiming Division of Parole used illegal tactics to avoid FOIL disclosures.

5. Preceding Michelle Alexander's presentation at Hamilton College, the NYS Prisoner Justice Network held a meet-up for its statewide membership to describe their roles in this growing movement for justice; your group, including organizations from inside prisons, is invited to be listed in their revised 2013/2014 Prisoner Justice Network Directory.

6. The NYS Parole Reform Campaign has revitalized their attempts to convince NYS legislators to do what so many New Yorkers understand is the morally correct thing to do, pass the SAFE Parole Act. It is time the Parole Board has legislation that allows them to fully commit their attention to evaluating the risks an applicant poses to his or her community.

7. Buffalo's Prisoners Are People Too, Inc. will meet on April 29 to discuss the stigma that exists throughout our communities and taints the decisions designed to provide "justice for all".

8. RAPP and DTR join in taking on the critical issue of people ageing and dying in prison.

9. Cory Parks points out the importance of self-reflection to our health and our vocational success.

10. Job opportunities in Albany NY.

11. Mothers of Bedford screening in Hudson NY follows women who are learning to provide their children with positive nurturing even from behind bars.

12. Keeping Jerry Balone's memory alive begins by sharing our stories of his impact on our lives. It will appear monthly in these pages as long as the stories keep coming.

13. Our actions are the seeds of our children's futures. A 12 year old child asks her advocate mother why there are so many black people in prison. Many who are decades older have yet to pose that important question.

14. Needle Wizards can't have crochet hooks in the colors reserved for prison staff only. Imagine confusing a crochet hook with a correctional officer!

April 23, 2013

Hank Morris wins parole

State Supreme Court Justice Richard Mott ordered the state's parole board to swiftly grant Hank Morris a new parole hearing, finding the board "inexplicably" failed to fairly consider several factors in Morris's favor, including its own internal evaluation which indicates that Morris is no threat to society, and unjustly manipulated the process to keep him in prison for as long as possible. "Specifically, the record demonstrates that the board inexplicably failed to consider and weigh myriad relevant factors, all of which categorically supported petitioner's release on parole."

The new hearing took place yesterday, on April 22. Morris was granted parole and will be paroled by June 3.

Morris told parole commissioners that after his release he intends to work with not-for-profit agencies advocating parole reform. "I think there's a crying need for it," he said.

Related articles:
Reversing Course, Parole Board Set to Release Morris, by John Caher (New York Law Journal, April 24 2013)
After a Productive Two Years, Hank Morris Wins His Freedom, by Jacob Gershman (Wall Street Journal Law Blog, April 23 2013) (Includes a transcript of Morris's parole hearing)
Hank Morris, who aided corruption of disgraced ex-Controller Alan Hevesi, being freed in June, by Kenneth Lovett (New York Daily News, April 24 2013)
Breaking News: Hank Morris Wins Parole, by Ken Lovett (New York Daily News, April 23 2013)
Update: Hank Morris wins parole, out by June 3, by Chris Churchill (Timesunion.com, April 23 2013) (Includes Morris's Parole Board decision and release conditions)
Hank Morris wins parole, will be out by June 3, by Casey Seiler (Capitol Confidential, April 23 2013)
Parole Granted for Consultant in Corruption Case, by Jesse McKinley (New York Times, April 23 2013)

For further details of the case and earlier articles, see:
Hank Morris challenges parole compliance with the law (Parole News, April 19 2013)

April 19, 2013

Hank Morris challenges parole compliance with the law

Hank Morris, the imprisoned former political advisor to ex-Comptroller Alan Hevesi, has brought a legal challenge against the state Parole Board, claiming officials do not follow proper procedure.

At the heart of his challenge is that the NYS Department of Corrections and Community Supervision and the Board of Parole are violating New York law and its Constitution with impunity by conducting unlawful parole hearings that do not comply with statutory amendments that took effect on October 1, 2011.

These new laws mandate that written risk assessment procedures should be developed and utilized when making parole determinations, and that a transition accountability plan (TAP) should be developed for each inmate to be utilized when making parole determinations.

State Supreme Court Justice Richard Mott has ordered the state's parole board to swiftly grant Hank Morris a new parole hearing, finding the board "inexplicably" failed to fairly consider several factors in Morris's favor, including its own internal evaluation which indicates that Morris is no threat to society, and unjustly manipulated the process to keep him in prison for as long as possible. "Specifically, the record demonstrates that the board inexplicably failed to consider and weigh myriad relevant factors, all of which categorically supported petitioner's release on parole."

"Put simply, the amended statute required that respondent develop written procedures that implement risk and needs principles, determine the likelihood of an inmate's success upon release, and adopt those procedures as an exercise of its rule-making power," Mott stated. "Disregard of a legislative mandate through an administrative agency's inaction as here, is arbitrary and capricious."

The outcome of this case may affect as many as 15,000 inmates who have appeared before the board since the amendments to the legislation in 2011.

Morris's new parole hearing will take place on April 22.

Related articles:

Matter of Morris v New York State Dept. of Corr.and Community Supervision 2013 NY Slip Op 50604(U) (Decided on April 15, 2013)
Matter of Morris v New York State Dept. of Corr.and Community Supervision 2013 NY Slip Op 50603(U) (Decided on April 4 2013)
Parole Board Grants New Interview to Morris, by John Caher (New York Law Journal, 22 April 2013)
Parole board that thinks it's judge and jury, by Chris Churchill (Timesunion.com, April 20 2013)
For a Political Devil, Some Sympathy Please, by Jim Dwyer (New York Times, April 18 2013)
Judge Blasts Parole 'Machinations' to Delay Political Consultant's Release, by John Caher (New York Law Journal, April 18 2013)
Judge Says Parole Board Maneuvered to Keep Morris in Jail, by John Caher (New York Law Journal, April 17 2013)
Judge orders new NY parole hearing for Hank Morris (Wall Street Journal, April 15 2013)
Judge Orders New Parole Hearing for Hank Morris, by John Caher (New York Law Journal, April 15 2013)
State Supports Denial of Parole for Hank Morris, by John Caher (New York Law Journal, April 12 2013)
Hearing Set to Consider Parole Compliance With Law, by John Caher (New York Law Journal, April 8 2013)
Judge Won't Toss Morris Legal Challenge, by Nick Reisman (Capital Tonight, April 5 2013)
Parole Denied, Disgraced Political Guru Hank Morris Files Suit, by Nick Reisman (Capital Tonight, March 7 2013)
Hank Morris Denied Release by the Board of Parole (NYS DOCCS, November 15, 2012)
Alan Hevesi Granted Release by the Board of Parole (NYS DOCCS, November 15, 2012)