Albany, NY - May 10, 2017 - Senator Kenneth P. LaValle (R, C, I-Port Jefferson) and Assemblyman Fred W. Thiele, Jr. (I, D, WF, WE-Sag Harbor) were joined today by Senator Thomas O’Mara, Assemblyman Philip A. Palmesano, Assemblyman Joseph M. Giglio (Ranking Member Assembly Corrections Committee), Assemblyman Christopher S. Friend and Assemblyman Billy D. Jones, along with families of murder victims to urge the State Legislature to pass legislation to increase time between parole hearings for violent felons.
Assemblyman Thiele and Senator LaValle are the main sponsors of the legislation (A.2350-A/S.2997-A). The measure provides that should parole be denied, the Parole Board shall specify a date not more than sixty months from such determination for reconsideration only in cases where a defendant was sentenced for: Murder in the first degree as defined in section 125.27 of the penal law where a sentence other than death or life imprisonment without parole is imposed; aggravated murder as defined in Section 125.26 of the penal law where a sentence other than death or life imprisonment without parole is imposed; and murder in the second degree as defined in Section 125.25 of the penal law where a sentence other than life imprisonment without parole is imposed. The legislation shall be known and cited as “Lorraine’s Law” in the memory of Lorraine Miranda who was a native of Shirley, Long Island. She was brutally murdered by her fiancée on December 5, 1988 at the young age of 24 years old. Her killer was sentenced to 15 years-to-life in prison. He became eligible for parole in 2003 and has since been denied seven times.
Currently, parole hearings can be scheduled every twenty-four months. In many cases, especially those involving heinous acts of violence, parole will be denied numerous times. Each time an inmate is considered for parole, the victim and his/her family is required to testify before the Parole Board, pleading for parole denial and reliving the horror. The Legislators feel strongly that in instances where the Parole Board is confident that parole will not be granted for a period of five years, that they should have the discretion to set parole hearings for any date within those five years. This legislation would still allow for an earlier reconsideration, if warranted.
Senator Ken LaValle said, “Families of the victims suffer immensely from the crimes alone, it is then greatly compounded when they need to prepare and testify at the Parole Hearing. These families are faced with incredible anguish. Our bill would allow a more sensible approach be taken by the Parole Board when scheduling reviews. The legislation should be approved immediately to lessen the unnecessary toll upon the victims’ families.”
“In cases where parole is likely to be denied consistently every two years, there is no reason why we should further disrupt the lives of victims and their families. Having to testify and relive often disturbing, graphic and highly emotional occurrences every two years is unnecessary”, said Assemblyman Thiele.
Senator Tom O'Mara, co-sponsor of the bill, said, "There’s no sense of justice in putting these families through the anguish, pain and suffering of repeatedly, every two years, having to make sure that the heinous, violent felon who took the life of their son or daughter, sister or brother, any loved one, won’t ever see the outside of a prison cell again. That’s just not fair.”
Assemblyman Phil Palmesano, also a co-sponsor, said, “Every time there’s another parole hearing for one of these violent criminals, throughout the months, weeks and days leading up to the hearing, the families of the victims have to relive the horror of the crimes that took the lives they cherished. No family should have to go through that nightmare every two years, particularly in cases where the Parole Board determines that nothing will change within the next five years that would reverse a parole denial.”
Joining the Legislators were family members of murder victims Jenna Grieshaber, Lorraine Miranda, and Derrick Robie.
Jenna Grieshaber’s murder case inspired the New York State Legislature to pass “Jenna’s Law,” which took effect in September 1998 and requires defendants convicted of violent felonies the first time serve 6/7 or eighty-five percent of their maximum sentences before being eligible for parole. Jenna was murdered by her neighbor, Nicholas Pryor, a paroled violent felon who had only served two-thirds of his sentence. Janice Geddes, mother of Jenna Grieshaber stated, “Our loss is unimaginable. Reliving the details of Jenna’s tragic death every two years is an agonizing prospect, and certainly not a legacy we want to pass on to our living children. Enactment of this legislation is necessary to lessen the frequency of this tormenting burden.”
Margaret and Joe Hennessey, originally from Shirley, Long Island, were there to tell the story of Margaret’s daughter, Lorraine, who was violently strangled and mutilated by her fiancé, Chris Patterson in 1988. Mr. Patterson has been denied parole six times since sentencing and is eligible to re-apply for parole in August 2017. Margaret said, “The agony of reliving my daughter’s death every 24 months is unbearable for me and my family. I suffer from cardiac arrhythmia, have a pace maker and I have been diagnosed with post-traumatic stress syndrome. I pray that this legislation becomes a law to give grieving parents and families a chance to recover before the next parole hearings begin.”
Margaret Hennessy’s husband, Joseph, stated, “The pain and agony of frequent parole hearings, I believe, is inhumane. My wife must relive the grief and of that terrible day every 24 months. I feel that the enactment of this legislation may alleviate the continuous suffering of grieving families who must endure the most heinous acts of murder.”
Dale and Doreen Robie, constituents of Senator O’Mara and Assemblyman Palmesano, from Savona, NY shared the story of their four year old son, Derrick, who was lured into a nearby field, and killed by Eric Smith in 1993. Mr. Smith’s parole has been denied seven times thus far. Derrick’s parents shared, “We are in total support of this important legislation and appreciate the efforts being made by state legislators to have it become law. We are committed to working with them to secure its enactment in Derrick's memory and so that other families like ours, whose lives have been forever changed by a violent criminal, do not have to relive their ordeal every two years."
Tina Berry’s daughter, Jennifer Marie Bolender, was brutally beaten and stabbed over 48 times by three teenage boys (ages 13, 14 and 18) in Niagara Falls in 2002. The first defendant became eligible for parole in 2008, followed by the second defendant in 2009. Ms. Berry stated by letter that her and her family have to relive this horrific act of violence not once every other year, but every year. In 2028, when the third defendant becomes eligible for parole, it will be three hearings within two years. “Lorraine’s Law should be passed for families of murder victims. Changing parole hearings from every two years to every five years would make a great difference for the families of murder victims.” She pleaded to “make Lorraine’s Law a reality!”
The Senate bill (S.2997-A) was reported out of the Senate Finance Committee today and is expected to be taken up on the Senate floor in the near future. The Assembly companion bill (A.2350-A) is currently under the review of the Assembly Correction Committee.