Monday, July 7, 2014
Court Trumps Parole Recision
Court Trumps Parole Recision
An amazing and unusual thing happened…the New York State Court of Appeals found in favor of reinstating the parole date of an inmate and against the Parole Board’s decision to rescind it! This appeal win signals to the Board that their decisions based on undermining media and public reaction rather than following legal standards will not go unchallenged!
Queries from the Daily News to the parole board after a release decision had been granted to Pablo Costello on his fourth visit to the parole board, instigated a recision hearing citing the continuing grief of the family as reason to never release Mr. Costello.The headlines that blared the following in the Daily News in 2009 in its refined journalistic style, cued the questionable integrity on the part of the parole board and read, “Cop killer will continue to rot as parole denied for man who murdered NYPD officer in 1978” . The response to political pressure through reversing parole decisions is nothing new but perhaps this case can diminish its frequency.
Pablo Costello’s crime occurred in 1978 when at the age of 22 , acting as a lookout, he and his crime partner intended to rob an auto supply store but were interrupted by a police officer inquiring about a car double parked. As Costello fled to move the car, his codefendant shot and killed the officer. Being convicted of felony murder, he was offered 5-15 years years but took the case to trial instead.getting 25 years to life. And finally after reaching the 25 year minimum making him parole eligible, he was refused on each of the three subsequent appearances making him serve six more years. When finally granted release in 2009 the board, after media frenzy, took his date away. Since then the appeals have woven their circuitous way through court.
The Board is appointed to confine people if they are a risk to community safety at the court sanctioned minimum of their already considered sentence…they are not required to act as unlegislated public avengers. Pablo Costello was just released after serving 35 years.
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