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Families of crime victims call for legislation to ensure they are heard before parole decisions

Michael Stewart, whose son Christopher who was killed in a 2012 crash, speaking at a press conference at the Saratoga County Public Safety Building on July 7th, 2022. Mr. Stewart joined New York State Senator Jim Tedisco to promote two bills intended to ensure the families of the victims of violent crimes are heard during the parole process.
Aaron Shellow-Lavine
/
WAMC
Michael Stewart, whose son Christopher who was killed in a 2012 crash, speaking at a press conference at the Saratoga County Public Safety Building on July 7th, 2022. Mr. Stewart joined New York State Senator Jim Tedisco to promote two bills intended to ensure the families of the victims of violent crimes are heard during the parole process.

Family members of violent crimes victims gathered in Saratoga County Thursday, as officials push for legislation that would require state parole boards to fully grasp the impact of an offender’s actions.

Speaking inside the Saratoga County Public Safety Facility, family members whose children were killed in a high-profile 2012 crash described the intense emotional process of providing an impact statement.

“Christopher and Deanna’s Law,” a bill sponsored by State Senator Jim Tedisco, is named after Christopher Stewart and Deanna Rivers, two Saratoga County teenagers who were killed in the crash caused by Dennis Drue on the Adirondack Northway a decade ago.

Standing beside his wife, Regina, Michael Stewart, Christopher’s father, said the victims’ impact statements “need to be videotaped.”

“The emotions need to be felt. And the commissioners need to see a face of a victim and not a name written on a transcript,” said Stewart.

Drue was sentenced to up to 15 years for the incident where he drove drunk and high on Interstate 87.

Brian Rivers and his wife Debbie, who lost their daughter Deanna, described the difficult process of providing a statement at Drue’s recent parole hearing.

“The experience we had in June 17th of this year delivering our victim impact statement was revolting,” said Rivers.

Rivers said they were given less than an hour over the telephone to provide their statements. There was not enough time to read a statement from Deanna’s sister.

“To treat victims in this capacity or asked every 24 months to open themselves up to the same pain as the night of the crime is a disgrace,” said Rivers.

The family said they did receive an apology from the state Office of Victims’ Assistance hours after they were cut short while delivering statements.

Nancy Izzo and her two sisters lost their brother Paul Luther, a police officer who was killed in a 1976 mass shooting in Mechanicville.

“You may think, ‘Even though it’s 45 years, how can you still feel that hurt?’ You can. As the Rivers and the Stewarts have said, you have to relive everything,” said Izzo.

Izzo said for the first 10 years of the parole hearing process involving her brother’s killer, “Billy” Pruyn, she and her family members were able to meet with parole commissioners in person. She said the emotion is lost over the phone.

“They can’t see the tears. They can’t see the emotions in those papers,” said Izzo.

Tedisco, who has been a Capital Region state lawmaker for decades, represents the 49th State Senate District. He’s authored the bill that would require all parole board members who vote on parole for an offender watch video recordings of all victim impact statements before making a decision, if they don’t meet with the victims face to face.

“We’re not saying everyone should be opposed to parole, we’re saying they should get that victim’s impact statement to them from the victim, that’s what it was purported to be,” said Tedisco.

The Republican is also supporting a bill that would change the amount of time between parole hearings from two up to five years.

“We’d like to change the law so it says not only…not 24 months, but 60 months. Because the pain and the anguish never goes away,” said Tedisco.

Saratoga County District Attorney Karen Heggen, a fellow Republican, said has a say in an offenders’ parole hearing but also has questions.

“I submit letters as well as the victims every time someone comes up for parole. But we don’t know what happens to that information,” said Heggen.

Heggen said the impact on victims should be given equal consideration at a parole hearing as during sentencing before a judge.

Sheriff Michael Zurlo, a former Stillwater town justice, joined his colleagues in the call for reform.

“I can tell you first hand, I’ve been at a couple of these parole hearings, and for what they’re doing now – just to have one person on a phone call – the effect of what the victims are trying to portray doesn’t get across,” said Zurlo.

During an election year, Tedisco, a Republican, framed the legislation as a genuine way to improve the system for victims — while criticizing Democrat-led criminal justice reforms in recent years.

“If it was really criminal justice reform, and not deform, they wouldn’t need another reform to reform the initial reform of criminal justice,” said Tedisco.

The most recent state budget included changes to the state’s 2019 bail reform laws.

In a statement, the Department of Corrections and Community Supervision said it does not comment on pending legislation, and noted the parole board is an independent body whose members are confirmed by the legislature:

The Department does not comment on pending legislation.

The New York State Board of Parole, as the sole entity that considers and determines parole eligibility, is an independent body whose members have been confirmed by the State Senate. The Board members base their decisions on whether the standards for release are satisfied in accordance with Executive Law 259-i. Prior to making a final decision, the Board members must follow the statutory requirements which take ‎into consideration many factors, including statements made by victims and victims’ families, if any, as well as an individual’s criminal history, institutional accomplishments, potential to successfully reintegrate into the community, and perceived risk to public safety. Additionally, by statute, the Board considers any recommendations concerning release to Community Supervision from the district attorney, sentencing court and the defense attorney.

Lucas Willard is a reporter and host at WAMC Northeast Public Radio, which he joined in 2011.