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Parole Interview Transcripts and Decisions Parole Information Project

September 2021

Parole Interview Transcript/Decision - FUSL000058 (2004-10-06) Parole Interview Transcript/Decision - FUSL000058 (2004-10-06)

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FUSL000058

STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF PAROLE ***************************************************************

In the Matter of

-DIN#

NYSID # -**************************************************************

HELD AT:

BEFORE:

PRESENT:

REPORTER:

WYOMING CORRECTIONAL FACILITY Attica, New York

Parole Board Hearing

October 6, 2004

COMMISSIONER W. WILLIAMS SMITH , JR. COMMISSIONER VERNON C. MANLEY COMMISSIONER LIVIO LAZZARI

ANTHONY MOLIK, Facility Parole Officer II JANET CIO~IOLA, Agency Program Aide

MIDTOWN REPORTING SERVICE SHAUNA C. CHAMBERS, Hearing Reporter (585) 325 - 2130

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- - NYSID NO. -

EXAMINATION BY COMMISSIONER MANLEY:

Q -A Yes, sir.

Q I am Commissioner Manley. Commissioner Smith,

Commissioner Lazzari.

A

Q

COMMISSIONER SMITH: Hello.

COMMISSIONER LAZZARI: Hello.

Hello.

Sir, this is your initial appearance before the

Parole Board. You are here for a burglary first degree. You

got ten to life, you pled guilty. And here you are, ten years

later . Did you ever think you would spend this much time at

one stretch in prison?

A No.

Q No. Well, · you know why you got hit like this, is

because of your record. In this case, the instant offense,

you, in concert with two others, entered 1111111111111111111111 1 s

apartment, you were armed with pistols, and forcibly stole the

victim's property. During the course of the offense, you

struggled with the victim, you dragged her and her

eight-year-old son into the bedroom, attempted to tie her hands

with the bed sheet, put a pistol to her head, cocked it, and

said you were going to kill her. That's what the record says.

Anything you want to add to that?

A Well, I never was tried, charged with no pistol. I

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3 - - NYSID NO. -

did went to the apartment, yes.

Q

A

Q

A

Q

A

You did go to the apartment. Who had the pistol?

We went to the apartment.

Who had the pistol?

What part did you play in this?

I went and I was right there . by the door. And like

five minutes later, the police came.

Q

A

Q

A

You never touched her, never touched the children?

No.

She fabricated al l t hat?

She didn ' t fabricate all that . The statement when we

went to court, she specify everything everyone, every s i ng l e

person, was doing. And like, was holding the kid,

playing with the kid, playing the video. She went to the back

room wi th

Q

this?

A

Q

A

Q

A

to get the money.

How old were you when this happened, when you did

When, now?

No, then.

Ten years ago.

How old are you now?

Thirty-six.

Q Then you were 26, that's good math. I look at your

record, it goes back to '83. Y.O. attempted petit larceny, got

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4 - - NYSID NO. -

a year of probation. Before the probation was up, you were

adjudicated as Y.O. for robbery first degree, you got a year in

jail. You were also adjudicated for Y.O. rob two, and you got

another year in jail, just r~nning consecutive, I mean

concurrent. This is in '84. You get out, and you got .

convicted of rob two in 1 86, you get 18 to 54 months. Got

paroled, your parole was revoked. Criminal trespassing. You

have additional attempted burglary in '89, time served, five

years probation. You violated, they resentenced you to 30

months to five years prison. They give you a break and put you

i n a work release program, and you abscond. And you were

returned as an absconder , you get paroled, and you max out.

Get on parole and you -- well, given this kind of record, why

would you think that we should give you a break? Do you think

that, I mean, the record says that you are going to get out

there and do what you have been doing, because this is what you

know how to do. That's what it says. Despite all the

i nfluences of the justice system, despite the prison sentences,

despite parole, despite probation, you are going to do what you ·

want to do, when you want to do it, and if it hurts other

people, so what? Is that the case?

A That's what my record says.

Q That's what your record says. What do you say?

A I think I, what I really say, that I know I hurt some

people, I know that. It's my conscience, in my heart, I know

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- - NYSID NO. -

that I did that. And if I could stop the time, go back, it

would never happen. But I know I made bad choices, and right

now I am paying the consequences.

Q Right, you certainly are. Ten years is not chump

change. How many years have you spent in prison all together,

if you added it all up?

A That's close to twenty.

Q Twenty years. You have spent more years in prison

than you have in the larger community . Mr.

have any suppor t out there?

, do you

A

Q

A

Q

A

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I got work, like work.

For support?

Family?

Family.

I have my sister, my mother.

Sister and mother. What kind of work can you do?

Electrical.

Electrical work? You have some skills in t ha t area·?

Yes , sir .

Did you have it before you came to prison?

Mm-hmm.

Yeah? I see that you were a genera l mechanic in

maintenance. You completed ART, right?

A

Q

Yes, sir.

You are working as electrician right now?

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6 - - NYSID NO. 11111111

A Mm-hmm.

Q All right. You have one Tier II infraction. Is that

one Tier II in ten years?

A Yes, sir.

Q That's impressive. And that's for creating a

disturbance. How did you manage to do that? lt takes some

skills to stay away from getting tickets. How did you do that?

A Being most of the time reading. Go to the work in

the morning, I go to work at 7:30 in the morning, I come back

at 3:30.

Q Somebody jump in your face and want to take something

from you, how do you deal with that?

A Now, these days?

Q Yeah.

A Now, most of the time, just talk about it, and walk

away from it.

Q Mm-hmm. What are you going to do with your life,

sir, when you get out there?

A Get my job, I got to get a job, support myself, get

work. And first of all, I got ·to live with my sister. I

can't, I don't have no other . place to go. I got to save to get

my apartment. And I really want to renew with my son , my son

is going to be 20 years old now.

Q

A

All right. Did you have a drug problem?

No, sir. No drugs.

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-questions?

- NYSID NO. -

COMMISSIONER MANLEY: Commissioners, any

COMMISSIONER LAZZARI: No questions.

COMMISSIONER SMITH: No questions.

7

Q All right. Sir, what you have going for you, you

spent a lot of time in prison. What's against you is your

record, because you have had repeat offenses. What you also

have going for you is the fact that you only have one ticket in

ten years, it shows some skills , it shows you can be focused.

So we'll consider all of that and get back to you. Thank you.

A Thank you, s ir. Have a good day.

(Whereupon the Commissioners deliberated off the

record.)

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- NYSID NO. -

DECISION

COMMISSIONER MANL~Y: Twenty-four months.

MR. MOLIK: 10/06.

COMMISSIONER MANLEY: 10/06 .

Parole i s denied for the following reasons:

After a careful review of your record and this interview, it is

the determination of this Pane l that, if released at this time,

there is a reasonable probability that you would not live and

remain at liberty without violating the law, and your release . .

at this time is incompatible with the welfare and safety of the

community. This decision is based on the following factors:

The instant offense, burglary first degree, invo l ved you

stealing property from your victim . In the course of the

burglary, you and codefendants stole the victim's property.

You and your codefendant dragged the victim and her

eight-year-old son to a bedroom, and tried to tie the victim's

hands to the bed. We note you placed a gun to her head and

told her you were going to kill her. The instant offense

19 reflects a pattern of burglary-and-robbery-related offenses.

20 We are aware of your pos i tive institutional adjustment, but we

21 bel ieve your release at this time is not in the best interest

22 . of the community.

23 He is above the guideline, sentence structure,

24 crime involved weapon usage, pattern of similar offenses.

25 (Whereupon Commissioner Smith and Commissioner La zzari

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- - NYSID NO. -

concurred . )

* * *

C E R T I F I C A T I O N

I, SHAUNA C. CHAMBERS, a Sho,rthand Reporter in the State of New York, do hereby CERTIFY th1at the foregoing record taken by me at the time and p~ace note~ in the heading hereof is a true and accurate transcript of the same, to the best of my knowledge and belief.

DATED AT: Rochester, New York this 19th day of October, 2004.

SHAUNA C. CHAMBERS

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