New York Daily News

HARD TIME FOR PAROLE

Panel short-staffed, has biased pair who deserve ax – activists

- BY REUVEN BLAU AND STEPHEN REX BROWN

The state Board of Parole is woefully understaff­ed, and two members who have deep political and police ties routinely reject prisoners without ever giving them a chance, a scathing new report by criminal justice activists charges.

Commission­er Walter William Smith Jr., a politicall­y connected member of the board since 1996, consistent­ly denies parole to prisoners convicted of violent crimes and is prone to losing his temper and mocking inmates seeking to convince him they've turned their lives around, says the report by Release Aging People in Prison and the Parole Preparatio­n Project.

A second member, Commission­er Marc Coppola, meanwhile, arrives at hearings unprepared, often mixes up case files and fails to consider required aspects of a prisoner's life behind bars, the report says. During one hearing he belched loudly and frequently tries to rush prisoners as they recount their criminal histories and accomplish­ments behind bars, according to the report.

“The governor can and should dismiss these commission­ers immediatel­y and replace them with qualified candidates who better reflect the identities and experience­s of people in prison,” the 31-page report reads.

The report comes as prisoner advocates and police unions — who rarely agree — are urging Gov. Cuomo to give the board a complete overhaul. Both groups want the state to add more staff to the board as well as depolitici­ze how members are selected.

Patrick Bailey, a parole board spokesman, slammed the report, saying it is filled with “false accusation­s.”

“Every day, hardworkin­g staff help ensure board commission­ers are provided the necessary informatio­n and tools to make fair, impartial decisions and the facts show that process is working,” Bailey said.

The board is currently staffed with only 12 out of 19 commission­ers, who must handle an average of 12,000 cases each year. Each member is appointed by the governor and confirmed by the Senate for a six-year term. They earn an annual salary of $106,000.

The board has not been fully staffed since Cuomo took office, said Dave George, the associate director for the aging-inmate activist group. The state budget allocated money to pay only 16 parole commission­ers this fiscal year, he added.

The board “is now facing staffing issues of catastroph­ic proportion­s, and continues to engage in unlawful, unethical and harmful behavior, despite repeated admonishme­nts by the New York State judiciary and legislatur­e,” the report says.

Cuomo spokeswoma­n Dani Lever responded that, “The statute allows for — does not mandate — the nomination and Senate confirmati­on of up to 19 members and the governor has maintained the same or higher levels as prior governors.”

The lack of staff has made it impossible for the board to thoroughly review cases, prisoner advocates say. In May, the board had to interview 70 prisoners in Fishkill Correction­al Facility in one week. One prisoner there was interviewe­d at 6:30 p.m. and said the board was rushed to finish the talk and seemed impatient, according to the report.

“Such severe understaff­ing has led to myriad procedural problems, overworked

commission­ers, higher caseloads, shorter parole interviews, and less time for individual­ized evaluation­s of parole applicant files,” the report says.

The staff shortage has also led to a major spike in twoperson parole panels, despite promises from the board’s chairman that the practice would end.

In one case cited by the report, a prisoner, listed as J.V., made his case before a twomember panel in February. But the board members were split, with one deciding to release and the other denying the parole request.

As for the controvers­ial commission­ers, Smith is the last Pataki-era appointee on the board. The report charges he has lasted so long due to his “repeated contributi­ons to powerful legislator­s.”

He has donated $20,000 to state and national campaigns since 2000, records show. That includes $16,997 to state Sen. Patrick Gallivan over the past eight years. Gallivan (R-Erie County), a former parole board member, is chairman of the state’s Crime and Correction Committee.

“Accepting campaign contributi­ons in exchange for political appointmen­ts, and then attempting to influence the decisions of those appointees who serve on an independen­t administra­tive agency is the definition of corruption,” the report says.

The GOP lawmaker has opposed granting parole to former Weather Undergroun­d member and convicted Brinks robber Judith Clark and cop killer Herman Bell.

Cuomo commuted Clark’s sentence in December 2016, making her eligible for parole, but the board denied her release in April 2017. She sued, and has been granted a new hearing.

Despite strenuous objections by the city’s police unions, Bell was released in April, after nearly 40 years in prison.

Smith still utilizes an antiquated, tough-on-crime approach that was in vogue when he was first appointed by Gov. Pataki, according to the report.

Prisoners said Smith would flip through parole packets “like a deck of cards,” “shrug sarcastica­lly,” groan as inmates spoke, make a gesture with his hand implying “hurry it up” and give sideways glances to fellow commission­ers, according to the report.

Cuomo reappointe­d him in 2017 over objections raised by prisoner supporters.

Reform advocates are also urging Gov. Cuomo to immediatel­y toss board member Coppola for his “inappropri­ate” and “unprofessi­onal” behavior during interviews.

As prisoners discuss their crimes and history behind bars, Coppola has belched loudly, slammed his hands down on the table, groaned and rushed the conversati­on, according to the report.

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 ?? GREGG VIGLIOTTI ?? Gov. Cuomo is being criticized for not fully staffing the state Parole Board, and for reappointi­ng Commission­er Walter William Smith Jr. (right) and another member who were hit by prisoner activist groups as having a pro-police and anti-inmate bias.
GREGG VIGLIOTTI Gov. Cuomo is being criticized for not fully staffing the state Parole Board, and for reappointi­ng Commission­er Walter William Smith Jr. (right) and another member who were hit by prisoner activist groups as having a pro-police and anti-inmate bias.

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