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Robles v. Dennison

October 13, 2010

RICHARD ROBLES, PETITIONER,
v.
ROBERT DENNISON, CHAIRMAN, N.Y.S. DIVISION OF PAROLE,



The opinion of the court was delivered by: VICTOR E. Bianchini United States Magistrate Judge

DECISION AND ORDER

I. Introduction

Pro se petitioner Richard Robles ("Robles"), by this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenges the constitutionality of decisions of the New York State Division of Parole ("the Parole Board") repeatedly denying him parole. (Docket No. 1). The parties have consented to disposition of this matter by a magistrate judge pursuant to 28 U.S.C. § 636(c)(1).*fn1

Robles was first committed to the New York State Department of Corrections on January 12, 1966, following a jury trial in New York County Supreme Court for two counts of first degree murder. Robles initially was sentenced to a term of natural life in prison. However, in the 1970s, the New York State Legislature amended the law to make prisoners such as Robles eligible for parole after serving a minimum of twenty (20) years of his sentence.

According the papers submitted to this Court, Robles had his first parole hearing in November 1984. Since that time, Robles has appeared before the Parole Board every two years and, on each of these twelve (12) occasions, the Board has denied parole and ordered Robles held for another twenty-four months, the maximum time statutorily permitted between parole hearings.

Robles challenges a number of the Parole Board's decisions denying parole. Respondent has asserted the defense of non-exhaustion with regard to all of the denials except the 2002 denial, as to which respondent concedes that Robles has exhausted his administrative and state-court remedies. Thus, the key parole denial before the Court in the instant habeas petition is that rendered on May 7, 2002. The Parole Board denied release in a perfunctory decision with language remarkably similar to all of its previous denials, and ordered that Robles be held for another 24 months (the maximum hold time possible) before he would again be eligible for another parole hearing. Represented by counsel, Roble pursued an unsuccessful administrative appeal of the 2002 parole denial was unsuccessful. Robles' attorney then sought judicial review pursuant to Article 78 of the New York Civil Practice Law and Rules ("C.P.L.R.") New York State Supreme Court, Wyoming County. The county court judge denied the petition in a written decision and order. The Appellate Division, Fourth Department, of New York State Supreme Court, unanimously affirmed the decision on appeal. Robles v. Travis , 9 A.D.3d 919 (N.Y. App. Div. Dept. 2004). The New York Court of Appeals denied leave to appeal on October 21, 2004. Robles v. Travis , 3 N.Y.3d 610 (N.Y. 2004).

On May 4, 2004, and again May 9, 2006, the Parole Division again denied Robles parole release. This Court recently has received correspondence from Robles indicating that his most recent parole hearing, held on May 8, 2008, resulted in, unsurprisingly, another denial of release.

Robles commenced this habeas proceeding on April 5, 2005, pursuant to 28 U.S.C. § 2254, alleging that the Parole Division's decisions denying him parole violated the Ex Post Facto Clause, Due Process Clause, and Equal Protection Clause of the United States Constitution.

The Court dismissed respondent's pre-answer motion to dismiss, and ordered respondent to answer the petition. After receiving respondent's answer and memorandum of law, and Robles' reply brief, the Court requested additional information from the parties concerning, e.g., the specifics of the parole denials.

For the reasons that follow, the request for a writ of habeas corpus is denied and the petition is dismissed.

II. Factual Background and Procedural History

A. The Underlying Conviction and Post-Conviction Proceedings

In the late morning of August of 1963, while under parole supervision for a second-degree assault conviction, Robles entered an apartment in Manhattan through a window with the intent of burglarizing it. Once inside the apartment, which he thought was unoccupied, he encountered a young woman, who was in bed, sleeping. Robles forced the woman to perform oral sex on him; he then attempted to have anal intercourse with her but she asked him to stop. At about that time, one of the woman's roommates entered the apartment. Robles bound them both and tied them up together. The second woman told Robles that she would remember his face and would make sure that the police caught him. At that point, Robles would later explain, he "snapped" and began striking the women with soda bottles, rendering them unconscious. He then stabbed them repeatedly with kitchen knives, killing them both. See Respondent's Exhibit ("Resp't Ex.") CC at 2-7.*fn2 The women's bodies were later discovered by the third roommate and the father of one of the victims.

Following a jury trial, Robles was convicted of two counts of first degree murder. He was sentenced in 1966 to term of life in prison. See Resp't Ex. B. Following a change in New York's penal law, Robles was re-sentenced in the 1970s to an indeterminate term of imprisonment of twenty (20) years to life. See Resp't Ex. C at p. 2.

On May 8, 1969, the Appellate Division, First Department, of New York State Supreme Court unanimously affirmed Robles' conviction but did not issue any opinion in connection therewith. People v. Robles , 32 A.D.2d 741 (N.Y. App. Div. 1969). The New York Court of Appeals granted leave to appeal. The conviction was affirmed by a five-to-two divided panel on September 24, 1970. People v. Robles , 27 N.Y.2d 155 (N.Y. 1970).*fn3 The Supreme Court denied certiorari . People v. Robles , 401 U.S. 945 (1971). The New York Court of Appeals subsequently denied Robles' motion for reargument.

B. Proceedings before the Parole Board

Beginning on November 5, 1984, the Parole Division periodically interviewed Robles pursuant to New York Executive Law ("Executive Law") § 259-i to determine his suitability for parole release. As detailed more fully below, parole was denied in each instance.

1. The 1984 Parole Denial

Prior to Robles' first parole hearing, Dr. Mayeed Rahman, a psychiatrist at Auburn Correctional Facility, examined Robles. Dr. Rahman issued a report containing the following conclusion:

On the basis of the interview and perusal of his records, the inmate does not appear to be mentally ill or dangerous at the present time. He has realistic plans for the future. I do not see any psychiatric contraindication to his release in the society at this time. However, he should continue to participate in some counseling [sic] in order to maintain the progress he has made during the period of his incarceration.

Petitioner's Exhibit ("Pet'r Ex.") I-1.

Following a hearing, the Parole Board denied parole in the following decision: Parole denied. Hold 24 months with a psych. [sic] (11/86 Bd.)

Based on the nature and circumstances of the current offenses, two counts of murder in the first degree, wherein two young women were stabbed to death -- one sexually abused, and her naked body tied to the clothed body of the other victim. You were convicted by jury trial and although you deny the allegations, your appeals have been denied.

Note is made of your reduction of natural life sentence through Chapters 343 and 344, to twenty years to life. Your institutional record is extremely satisfactory as to program participation. However, the gravity of the instant offense precludes release consideration.

Continue in constructive institutional programming. Statutory limitations preclude a longer hold. Guidelines are unspecified.

See Resp't Ex. E (emphasis supplied). The Parole Board did not make any mention of Dr. Rahman's positive mental health evaluation of Robles, and his favorable opinion that Robles did not pose a future threat of dangerousness. Rather, the Parole Board relied solely on the nature of Robles' crime to justify their decision to deny release.

2. The 1986 Parole Denial

Two years later, Robles had his second parole hearing. At the beginning of this hearing, Commissioner Mulhulland, one of the board members noted that Robles now had accepted responsibility for the offense, and complimented him:

In the institution I guess we couldn't have a much better inmate. You have been with us for 22 years. Haven't had a ticket in the last 10 years. . . . You appear to be well liked by the inmates . . . . I have not found anything negative about you in here . . . .

See Transcript of 1986 Parole Hearing, Resp't Ex. F. Robles then was asked to talk about the crime. He related his actions on the morning of the burglary in a vivid narrative without any prompting. Robles talked about how when he first came to prison, telling the Parole Board that he was "a drug addict" filled with "[s]elf-loathing", "destroying his own life and other lives." He said that he "hated [him]self" at the time and explained the emotional difficulties he experienced growing up in an alcoholic family. Robles talked about how he "turned [his] feeling about [him]self around" as he "saw [him]self helping people" through his involvement in, for example, the inmate's Liaison Committee and working with David Rothenburg of the Fortune Society. See id. Robles explained that he had gotten an education, and wished to pursue teaching art (he had taught both art and photography while in prison). He believed that he was a different person than he was 22 years ago, and the change was the result of helping himself by helping others. See id. The Parole Board's only question of Robles was a hypothetical: "what would be the sanctions be for . . . taking two other lives[?]" Robles answered that "[u]ntil this man is safe to release I would have to keep him locked up." There were no further questions from the Parole Board.

Parole Board Chairman Rodriguez commented, "You have acquitted yourself well. You have been your own best advocate. This case is going to be a tough one to decide." Id. Robles acknowledged that. The chairman continued,

It's a rough one. We have to play with it and talk about it. . . . It's a real rough one. We could hold you for two years easily. We could look at you and make a decision [redacted] and let the next Board look at you under our rules. We can do a [sic] myriad of other things. But you are clearly someone who has advanced considerably in the years you have been in jail. You have helped yourself and helped other people. Ken Jackson and Dave Rothenburg have helped a lot of other people also . . .

I know them. They are good people. I am sure they helped you a lot. You help them. We have a person who did something terrible 22 years ago that was horrible. We have to work on what we think is the right thing to do. You want to leave us with a final comment?

Id. To this question, Robles replied, "I am sure killing is terrible. What I did no doubt about it. I have lived with it a long time. It hurts. In my heart I know I did not maliciously kill. Not insanity, but close to it; that it wasn't malicious." Id.

The parole commissioners denied parole in a summary decision, without giving any basis for their ruling; they merely ordered Robles held for "two months or earlier for a special psychiatric procedure." See 1986 Parole Denial, Resp't Ex. G.

3. The 1987 Parole Denial

Robles underwent the required psychiatric evaluation, and his reappearance before the Parole Board occurred on January 16, 1987. The parole commissioners focused on Robles' previous criminal history which they described as "extremely disturbing," as well as the gruesome details of the crime for which he presently was incarcerated. See Transcript of 1987 Parole Hearing, Resp't Ex. H.

The Parole Board focused on his criminal history prior to the double murder, commenting that the time of his arrest he "admitted to about 89 or 100 other burglaries and/or robberies of occupied apartments during the period of July 1959 through January of 1960. During one of these burglaries a woman, who was in the apartment, was apparently shot. Wounded. There was a person whom you must have been involved with that received stolen property from you who was also shot and wounded because that person threatened to turn you into the police. So, I mean, you have already established a pattern of this type of behavior. . . . [Y]ou were paroled June the 3 rd of 1963 and on August the 28 th of 1963 you committed this crime. Following the exact same pattern you had followed in the past. . . ." Resp't Ex. H.

Robles attempted to explain why he did not admit to the stabbings earlier, stating that in 1984, when he first came up for parole, there were several prisoners at Auburn killed. Robles said he was being threatened by other inmates at the time. When he explained the situation to his attorney, he was told that he could maintain his innocence, "on advice of counsel". Robles said that he "jumped on" that advice because he "felt threatened" by the situation at the prison, and admitted that it "was callousness" on his part to maintain his innocence.

Commissioner Buchanan criticized Robles for maintaining his innocence up until recently, and commented that the "tremendous amount of therapy" in which he had been involved was "totally valueless. As long as you were denying the crime, the therapy could not in anyway [sic] relate to the crime" Resp't Ex. H at 11. Robles conceded the point, a factor which the Parole Appeals Unit focused on when upholding the denial of parole. Id. Robles explained that in 1984, he was still mentally "sick," suffering the after-effects of watching his alcoholic father beat his mother when he was a child. Robles told the parole commissioners that the therapy essentially did not "click" until he got help in addressing the after-effects of growing up in that environment, which caused him to be overly sensitive to criticism, and to "do crazy things which is what this burglary and what [his] drug uses [sic] was about." Id. at 12-14.

On his own initiative, Robles then discussed the underlying facts of the murders.

The day before this crime occurred my daughter was on the toilet bowl that was broken. I just moved my woman, my daughter into an apartment trying to be a macho man and all this image. She was on the toilet seat that was broken and it slipped and she hurt herself and I felt about this big. Very, very small. That was the catalyst that started me thinking about burglary. I had stayed away from drugs.

I drank. I substituted. . . .

I got in there [and] Janice Wylie [was a]. . . total surprise. I didn't expect anybody.

I knocked on the door. I looked under the door. I rang the bell. I had no idea anybody was in there. When I got in there she was in there and . . . thoughts hurt.

They hurt. I'm really ashamed of this . . .

I've been working on this 2 months. I don't want to desensitize myself to this because I want to remember this is a terrible crime. I want to feel pain. I don't know if it makes any sense to you, but I want to feel pain. Some things I want to feel pain about and some things I do. This shows how sick I was also. How really messed up to me to tell me how messed up I was. I looked at this woman and I started thinking don't I wish I had a woman like this and the world could just be lovey dovey. I attempted to have sexual intercourse with her. She asked me not to and I did, in fact, stop. I tied her up and as I was leaving -- " Resp't Ex. H at 18-19.

At that point, the Parole Board questioned Robles about whether he felt a feeling of "strength and power that this woman would become scared because of [him] now that [he] had this power?" Id. Robles admitted that this could have been the case, but stated that he was "not conscious of it" at the time. Id. at 19.

Robles continued his explanation: Wylie's roommate came in, and he tied her up too so neither woman would call the police. Robles said that he was "just about going out the door and [the second woman] said, I'm going to remember your fact [sic]. I'm going to tell the police on you." Id. at 21. Robles told the Parole Board, "I was anxious before that, but at that point, I more or less, snapped." Id. ; see also id. at 21-23. Robles said, "[w]hat happened to me in that apartment . . . maybe it's not enough for a court of law because it's a criminal felony act. Not enough for a court of law, but it was clinical insanity that occurred that day to me. In my heart I know this." Id. at 25.

Robles indicated that in the years that he had been in prison, he had initiated a Narcotics Anonymous group, and "[v]arious TA [transactional analysis therapy] groups," as well as a computer club. Id. He also had 57 credits towards an associate's degree, and had pursued courses in welding, electronics, and was, as the parole commissioner noted, "a very skilled artist." Id. at 26. Robles explained that it had been his "plan to help when I get out, to help others." He had been offered a job at the Fortune Society two years ago, but had been unable to accept because he was denied parole. Id. Robles explained that he "wanted to become familiar with various trades . . . so I could help advise youths . . . ." He discussed his conversion from Roman Catholicism to the Quaker religion. Id. at 26-27. He also talked about his fiancée of ten years, who was a foster parent, and he was aware that he would not be able to live with her if she elected to continue to be care for foster children. Id. at 28-29 Robles also discussed his only daughter, who was twenty-seven years-old in 1987; he said that he had been writing to her since he became incarcerated, and recently they had started talking on the phone; he also talked to his son-in-law, but had not met his grandchildren. Robles noted that it was "a shaky relationship" but he "want[ed] to develop it." Id.

When asked if he had anything further he wanted to discuss, Robles said "[r]emorse." Id. at 30. He talked about the horror and disgust with himself he felt after the stabbings, and said he "started hating [him]self from that moment." Robles explained that he painted as a way to deal with the feelings and nightmares he has had. Id. at 31. The Parole Board asked why, if he felt that way, did he not turn himself in to the police immediately after the incident, and then questioned Robles about the fact that he was not arrested until an informant, who was supplying him with drugs, tape-recorded a conversation in which Robles incriminated himself. Id. at 31-35. Robles acknowledged those things, and explained that he was essentially imprisoned in his drug addiction to heroin. Id. at 36-37.

Based on the Parole Board's questions and comments during the hearing, it became clear that they viewed everything Robles said with skepticism. They also apparently did not believe he had sufficiently internalized responsibility for his crime, which admittedly was heinous, since he did not start discussing the crime in therapy until several years beforehand. Thus, their terse denial was not a surprise:

Parole denied. Hold 24 months, 11/88 Board. With mental health status report. Reasons for denial: Denial is based on the nature and circumstances of the current offenses, 2 counts of Murder 1 E , wherein 2 young women were brutally stabbed to death, one sexually abused and her naked body tied to the clothed body of the other victim.

Denial of this crime has been consistent through 1984 and according to you on your attorney's advise. Recently, you have begun to admit the crime. Throughout this period of incarceration you have been exposed to periods of extensive therapy related to your personal needs, however, not dealing with your criminal acts. Note is made of your institutional efforts and achievements. Given the nature of the crime and the prior criminal history discretionary release cannot be considered. Statutory limitations preclude a longer hold.

See Resp't Ex. H at 38 (emphases supplied). Again, the Parole Board's denial rested principally on the severity of the crime.

4. The 1988 Parole Denial

The transcript of the 1988 hearing has not been provided as part of the state court records in this case. The decision issued reads as follows:

Parole is again denied by this panel of the Board of Parole after careful review of your records and an interview. Your offense involves the brutal murder of two women in their home in the course of a burglary in which you were interrupted.

You tied the unclothed body of one of the victims to the clothed body of the other after having sexually abused her. You were on parole supervision when this crime occurred. While the progress and accomplishments you have achieved while incarcerated, particularly in the last several years, are noted, it is the judgment of this panel that parole should be denied at this time.

See 1988 Parole Denial Resp't Ex. K (emphasis supplied). The Parole Board's decision thus was based solely on the nature of Robles' offense. Robles was ordered held for another 24 months. See id.

5. The 1990 Parole Denial

The transcript of his hearing is not available for review. The decision denying parole states in full as follows:

Again, this panel believes there is a possibility of reversion to crime if released.

So violent was your murder of two women during the commission of a burglary while on parole for three months, that it does not offset the exceptional contributions you have made during these 26 years of imprisonment. You cite in your presentation the fear of ever putting yourself in an unpredictable situation and, as those life situations are a reality, we believe your community release is not in the best interests of society.

See 1990 Parole Denial, Resp't Ex. L (emphasis supplied). Once again , the Parole Board's denial reflected its finding that the gravity of Robles' crime to trump all other positive factors. Robles was given the maximum hold time and the next hearing date was set for November 1992. See id. His administrative appeal was unsuccessful. See Resp't Ex. M.

6. The 1992 Parole Denial

This transcript also is not available for review. The decision denying parole issued by this panel was quite cursory:

The extreme gravity of the instant offense, the wanton murder of two young women during the course of a burglary, precludes early release. The inmate was on parole at the time of the commission of this crime. The inmate has an outstanding institutional adjustment and we have attempted to consider that fact in our recommendation.

See Resp't Ex. N (emphases supplied). Again, the Parole Board denied release based entirely on the severity of the crime. Robles was ordered held for 18 months. See id. It appears that Robles requested a postponement of three months because there were legal matters that he wanted to resolve before reappearing before the Parole Division. See Resp't Ex. O.

7. The 1994 Parole Denial

The next full parole hearing was held on July 12, 1994, at which point Robles had been incarcerated for 29 1/2 years. He was 51 years-old at the time of the interview. When asked if he was "hostile about what the system" had done to him, "or where society ha[d] determined [he] belong[ed]" Robles responded, "I was dangerous, I was a time bomb, a ticking time bomb," and "what has happened to me . . . society has to put people away that are dangerous, it is as simple as that." Resp't Ex. P at 7-8. Robles explained that "[a]nything that occurred was threatening to [him], anything negative that occurred was threatening," and he expressed those feelings "[w]ith drugs." Id. at 8. The Parole Board noted that he had "had extensive substance abuse counseling" since his incarceration. Id.

The Parole Board asked when he was able to internalize his guilt, i.e., accept responsibility. Robles explained when and how he was able to acknowledge responsibility for the crimes, in 1985 or 1986, during his participation in transactional analysis therapy. The Parole Board appeared view Robles' crimes as primarily sexual in nature; they asked if there was "[a]ny particular reason" why the two victims were women. Id. at 9. Robles responded, "They were -- I was in the wrong place at the wrong time, you know." Id . When pressed on what this meant, Robles said, "I didn't pick women, okay. They were just there. It was a burglary." Resp't Ex. P at 10. The Parole Board questioned Robles intensely on what he meant by being in the wrong place at the wrong time, noting, "It suggests to us, perhaps, that even though you have acknowledged responsibility, you might still be struggling with your internalization of guilt. Does it occur that way to you." Id. at 10. Robles replied, "No, it hadn't occurred that way to me. Perhaps I picked the wrong term, the terminology. It is just a phrase." Id.

The topic of the hearing turned to the programs Robles had been in to help him "gain insight into the extreme violence that was displayed in [his] crime." Id. at 11. Robles explained that he had participated in the Alternatives to Violence Program, Aggression Replacement Therapy, and also had been seeing a psychologist, who was then deceased. Id.

Robles had been married for three years to a woman in Saugerties, New York, who was a foster parent to five children. Robles explained that he had been accepted into the Cephas Program in Rochester, New York, a "structured release program" that had "everything." Id. at 12.

Robles then asked permission to read a prepared statement. Robles stated that he had "a tremendous amount of empathy for them as a result of the fact that I, myself, have been a victim of numerous criminal acts and, thereby, likewise, suffered the torment of a crime victim. Those crimes include the death of my brother in a criminally- negligent tragedy." Resp't Ex. P at 14.

After Robles finished his statement, which also touched on the challenges he had faced while in the prison system, and his letters of commendation, Commissioner Platt noted, The record says that you have made an excellent adjustment. You have done extremely well as an inmate. You have participated in academic and vocational and therapeutic programs. You seem to have a viable release plan, you have done well. There is something that you said earlier, though, that concerns me, that is, you see yourself as a crime victim.

Resp't Ex. P at 17. Robles explained, as he had in prior parole hearings, that when he was he was 11 or 12 years-old, he lived in an Irish-German neighborhood, and would get "jumped" by other students at his school who called him a "spic bastard" and cut with a knife in his neck and arm, and threatened to kill him. Id. at 17-18. Robles felt, as a result of his therapy, there was a strong relationship between what happened to him and his criminal acts. Id. Robles also saw himself as a relative of a crime victim, because he felt that his brother, who died in a parachuting accident while serving in the armed forces, had been the victim of criminally negligent homicide. Id. at 18-19.

When asked what kind of thoughts came to mind when he contemplated his two victims, Robles replied, "It never had to happen." Id. at 20. Apparently, dissatisfied with this response ("That's the only thought that comes to mind?"), the panel asked if he had thought about the fact that he had deprived them of life and the pursuit of their goals; Robles responded affirmatively. Id. Robles tried to explain that what he meant by "it never had to happen" was that the incident had started as a burglary and had escalated. Robles' response was cut short by one of the commissioners, who noted that Roble had "done well" and "present[s] [him]self well . . . ." Id. at 21. The commissioner noted that because of the nature of the crime, the Board was required to "invoke the special psychiatric panel procedures." The commissioner further stated after reviewing the mental status reports prepared on Robles, the Parole Board had found that they did "not provide any contraindication to [his] release." Id. at 21.

Despite all of these favorable factors, this panel also denied parole and ordered Robles held for another 24 months in the following decision:

Following a thorough review of your record, a personal interview and deliberations by this Panel, we render the following decision: Parole is denied. At the interview, it was apparent that despite your participating in counseling and therapeutic programs, you have failed to fully internalize culpability for your criminal behavior. Though you verbalize remorse, you continue to struggle with acceptance of responsibility for your conduct. You presented various rationalizations for your behavior, and continue to self-identify as a crime victim. You are comfortable with shifting the genesis of your criminal behavior to causative factors and entities external to yourself. No genuine remorse or compassion or compassion [sic] for the victims was ascertainable.

You denied culpability for many years, and it appears that your superficial acceptance of responsibility in later years was intended more to impress this Board than as a true expression of your rehabilitative progress.

Your crime was truly heinous, representing a gross decompensation of human values. Extensive rehabilitative and incarcerative measures are appropriate. Your exceptional custodial adjustment and pragmatic [sic] achievements are noted. Guidelines are unspecified. (All Commissioners present concur.)

Resp't Ex. Q at 23-24; see also Resp't Ex. R.

The Appeals Unit upheld the parole denial in the following decision: There is no entitlement to release, and release may only be granted where the Board has no reason to believe that the inmate could remain in the community without violating the law. The record of this proceeding clearly indicates that the panel discussed and considered the factors pertinent to the issues of release, including his criminality, institutional adjustment and release plans, as well as his attitude and statements as expressed during the interview. Therefore, the panel, having considered the statutorily appropriate factors, could rationally predict, for the reasons it stated in its decision, that release would be incompatible with the welfare of society.

Resp't Ex. S.*fn4

8. The 1996 Parole Denial

Robles' next parole hearing was conducted on May 1, 1996. See Resp't Ex. T. The panel orally rendered their decision denying parole at the close of the hearing, after Robles had been excused:

[Parole is] Denied. [Hold for] 24 months. [Reappearance in] May '98. Originally sentenced to term of life imprisonment (which did[,] under the law at that time[,] provide for the possibility of parole consideration) as the result of your conviction by verdict for the stabbing deaths during August 1963 of two women in their New York City apartment, your sentences subsequently were modified by legislative changes to 20 years to life, making you originally eligible for parole during January 1985.

Several Parole Board appearances are noted since the end of 1984. On parole at the time of the August 1963 homicides for about three months, you were not arrested until January 1965. In between, you had been returned to prison for parole violation and then reparoled. Your prior DOCS term as a Y.O. was imposed in 1960 and was related to similar behavior that led to your current incarceration for homicide in that the earlier criminal behavior involved residential burglaries that at times included accosting and threatening victims in their homes.

In the August 1963 crime, you encountered two young women in their apartment, bound them to each other and viciously stabbed your immobilized victims. Previously you had forced sexual contact upon one of the victims. Your multiple stabbing of both victims while they were bound suggests a rage and uncontrolled anger that, along with your previously-established pattern of willingness to risk confronting victims in their homes is of great concern to us.

We note your extremely positive adjustment as an inmate in terms of behavior and program efforts, and we note your plans for release and the availability of support in the community. We also note your age and the length of your confinement. Still, given the other factors cited above, we are concerned that return to the community entails too great a risk of ...


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