OLEAN, NY – Senator George M. Borrello and Assemblyman Joseph M. Giglio condemned a decision by the Administrative Law Judge Michael Marasa presiding over the parole revocation hearing of Edward Kindt to release him back into the community after two serious parole violations.
“I am appalled at the judge’s decision to release rapist and murderer Edward Kindt after he committed two parole violations, including the serious charge of absconding from parole supervision. This is one more example of how dangerously far New York State has fallen when it comes to public safety,” said Senator Borrello. “The horrendous ‘Less is More’ law allows criminals on parole to ignore the rules without penalty. This is the upside down, ‘no consequences’ criminal justice system Democrats have given us.”
“This wrong-headed decision endangers not only our community but law-abiding citizens across New York and beyond. What more does he have to do to prove he belongs behind bars? Kindt is a deadly sexual predator who has shown zero remorse for the brutal rape and killing of Penny Brown. He is evil and he belongs in prison. Period,” Assemblyman Giglio said. “He should have never been granted parole in the first place.”
“When he was in prison, Kindt was written up for exposing himself to female corrections officers and for contraband and drug use. He’s been a disaster as a parolee. In November, parole allegedly caught him using drugs. After a couple weeks in the Dutchess County Jail, parole sent him back to his group home.” “The entire criminal justice system in New York has become subverted to pander to offenders like Kindt and their needs at the expense of victims. Kindt had ample opportunity to let Penny Brown go. Instead, he strangled her to death with one of her own dogs’ leashes. Anyone who could do that is a threat to society and should never breathe free air again,” Giglio said.
“Given the brutality of his crime and his extensive record of bad behavior while in prison, it isn’t surprising at all that he has violated his parole twice,” said Borrello. “The only surprising part of this situation is that he was granted parole in the first place. Parole used to be a privilege granted to individuals who had been model prisoners during their incarceration. Now, it is just another avenue for radical pro-criminal activists and prison abolitionists to release dangerous criminals back onto the streets. That is why I have introduced the Parole Board Accountability Act.”
Sen. Borrello stated that his legislation would establish a procedure for locating incarcerated individuals released on parole by a non-unanimous vote (2-1) in the home community of one of the two board members who voted for release.
“My legislation would encourage board members to more thoroughly assess an individual’s fitness to return to society. It is easier to vote to release someone if you know that you, your family and community won’t be in harm’s way. Board members need to have complete confidence in their decision to reintegrate these individuals; this measure will help ensure that they do,” Borrello said.
Parolees released by a non-unanimous vote will be placed in a transitional residential facility in the community of one of the two board members who voted in favor of their release. The commissioner of the Department of Corrections and Community Supervision (DOCCS) will use an impartial procedure for determining which board member’s community will be the relocation site for the paroled individual.
Parolees released by a non-unanimous vote will be placed in a transitional residential facility in the community of one of the two board members who voted in favor of their release. The commissioner of the Department of Corrections and Community Supervision (DOCCS) will use an impartial procedure for determining which board member’s community will be the relocation site for the paroled individual.
As a former law enforcement officer, Assemblyman Giglio has criticized decisions by the New York State Parole Board to release dangerous criminals like Kindt.
Assemblyman Giglio drafted legislation that would require at least one member who is a crime victim or a crime-victim’s advocate to be a member of the parole board. Unfortunately, his bill was blocked by members of the majority and never reached the floor of the Assembly for a vote.
“As elected officials, we have a responsibility to protect our constituents and defend the victims of crime and their families. Obstructing legislation that is written to protect victims and the general public underscores how deep the dysfunction in Albany is,” he said.
Kindt’s parole revocation hearing was the result of his recent escape from parole supervision and his transitional housing in Dutchess County and his return to Salamanca in Cattaraugus County. This is the second time he has violated his parole since being released. In returning to Salamanca, he also violated the order of the Seneca Nation banning him from their nation. Parole officials failed to notify authorities of his escape until six days after he had absconded, a situation which put the community unknowingly at risk.
“This case is a textbook example of how our current parole system is failing victims and failing the law-abiding public. Until we fix that, dangerous people like Kindt will continue to benefit from Democrats’ pro-criminal agenda and be returned to our streets and communities to offend again,” said Borrello.
“Should Edward Kindt commit any acts of violence, that blood will be on the hands of the governor, the Democrat majorities and the radical parole board as well as this judge. They are now responsible for his actions,” concluded Borrello.
