Breen Opposes Early Parole Bill
By Dan Murphy
A bill in the State Legislature that would allow inmates over the age of 55 to be considered for early release from prison, including those sentenced to life without parole, has resulted in outrage from murder victims’ families and law enforcement, and a resolution in opposition from Yonkers City Minority Leader Mike Breen.
The “Early Parole Bill” would allow all inmates to be considered for release after they’ve served 15 years in prison and reached age 55. The state Board of Parole would be required to conduct a hearing to determine if an older inmate should be released, and could release an individual if “there is a reasonable probability that… he or she will live and remain at liberty without violating the law and that his or her release is not incompatible with the welfare of society.”
Breen questions whether one of the most infamous criminals in Yonkers history, David Berkowitz, the “Son of Sam” murderer, who lived in Yonkers and was arrested by Yonkers Police in 1976, could be set free under the law if it is ever passed and signed by the governor.
“It’s obvious where they are heading, with the recent release of Carolyn Warmus, Herman Bell and Judith Clark – they were released without this bill becoming law,” said Breen. “Berkowitz was living in Yonkers when he was arrested, so if he gets out, is he coming home to Yonkers?”
Warmus, the Westchester schoolteacher convicted of the 1989 murder of her lover’s wife in Greenburgh, has been granted parole and will be released from Bedford Hills prison as early as June 10; Bell, who spent four decades in prison for the murders of two New York City police officers, was recently freed after having been granted parole in March; and Clark, who as a young woman took part in a deadly robbery of a Brink’s armored car robbery in Rockland County that resulted in the death of a security guard and two Nyack police officers, was paroled last month after being imprisoned in New York for 37 years.
And while some claim, and hope, that “Son of Sam” killer Berkowitz, who pleaded guilty to eight separate shooting attacks of young that began in New York City during the summer of 1976 women – which terrorized the metropolitan area until he was caught for a traffic ticket in Yonkers, where he lived on 35 Pine St. – is never set free. Breen doesn’t want to give the Parole Board that chance.
Breen’s resolution urges the State Legislature to reject, and the governor to veto the bill because “it endangers the lawful residents of the State of New York, imposes an increased burden and insults law enforcement officials by emboldening our most serious convicted felons.”
The resolution also quotes former Parole Board Chairman Bob Dennison, who now advocates for inmates, as saying that while recidivism should be a factor, some crimes are so beyond the pale that the convict should never be released. As it relates to Bell’s recent parole, Dennison said: “I’m shocked. A cop-killer like this should never be released. This was a cold-blooded killing of a uniformed officer.”
Dennison headed the panel from 2004 to 2007.
The state bill was introduced during the last legislative session, but it didn’t receive a vote in the Assembly or Senate. Staten Island District Attorney Michael McMahon called the bill “outrageous and idiotic. The loved ones they lost are not coming back when the defendants turn 55 – they are never coming back,” he said.
“In my 40 years of public service I don’t think I’ve ever seen an organization that cares less about victims that they could even consider such a piece of legislation,” added Onondaga County District Attorney William Fitzpatrick.
One of the sponsors of the bill, State Sen. Brad Holyman, said he can’t imagine that” any parole board would let deplorable human beings see the light of day.” Breen’s resolution asks state legislators and the governor not to take the chance that the Parole Board will free the wrong prisoner.
Newspapers across the state have written about the proposed law and heard from families of murder victims.
Nancy Wingender’s 25-year-old daughter Deanna was beaten to death with a hammer by Raphael Oyague in 2016. “It’s a slap in the face of murder victims,” said Wingender. “They should rot in prison and have the miserable time of their lives.”
In a related story on early parole, James Nolan, whose brother Michael Nolan was shot and killed in Yonkers in 2015, posted the following on Facebook:
“On Sept. 18, 2015 Garth Cole drove the car that did the drive-by shooting that killed Michael Nolan, the innocent Oakland Athletics baseball player in Yonkers, while Michael was standing next to his car eating a cheeseburger in the parking lot. Garth Cole tried to sell his car days later to hide evidence and did not come forward until Yonkers police tracked him down along with the three other murders after six months.
“Cole, who pleaded down to a lesser charge and cooperated with police for his testimony, accepted a deal of five years in prison for his cooperation. This upcoming Dec. 4, 2019, he is eligible for an early release from the New York State Parole Board and we cannot allow that to happen. Cold must serve every single month, week, day, minute and second of the five-year prison term he accepted. Garth Coles’ original release date is Feb. 24, 2021. Michael has unfortunately received a lifetime sentence and will never be able to get released from it, so Garth Cole should not be let out any sooner than he is supposed to.
“I ask you to please sign and share with family and friends this petition in support of Garth Cole not getting out one second sooner than the original date that he was sentenced. He didn’t pull the trigger, but he is just as much of a murder – like the other three that were in the car. They all played a part in taking Michael away from us.”
