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New York Times
IN 1975, John MacKenzie shot and killed a police officer named Matthew Giglio after a burglary in West Hempstead, New York. He was convicted and sentenced to the maximum term available under the law, 25 years to life.
MacKenzie, now 70, has served more than 40 years in New York prisons. He has been eligible for parole for the past 16 years. At every hearing, the State Parole Board has refused to release him.
No one disputes that MacKenzie has been a model prisoner with a perfect record. He has earned degrees in business administration and the arts. He has counselled other inmates nearing their own release dates, and, with the help of a $10,000 grant, he established a programme to give victims an opportunity to speak directly to inmates about the impact of their crimes. At his last parole hearing, he told the board,"I did that in memory of Matthew, to show his family that this is the best I can do to make up for it." He said that while he was high on drugs during his crime and did not remember shooting Giglio, the murder was"a hundred percent my fault."
The board's response?"Parole denied." Because MacKenzie's crime showed"a serious disregard for the law" and for"the sanctity of human life," the board wrote in its brief, boilerplate decision, his release would"undermine respect for the law."
The decision did not say MacKenzie posed any risk to society, and it made only glancing reference to the many letters supporting his release. This response is, unfortunately, typical for the Parole Board, which routinely ignores state laws and regulations that require it to consider an inmate's rehabilitation, and to use a sophisticated risk-assessment tool to help determine whether it is safe to return that person to the community. But because the board members have broad discretion, it has been difficult to hold them accountable.
Judges across the state have long complained about the board's intransigence, and recently some have begun to take action. Last month, Justice Maria Rosa of state Supreme Court in Dutchess County held the board in contempt for refusing to give any specific reason for denying MacKenzie's release beyond his original offence.
This is the second time a state court has held the board in contempt for refusing to follow the law. If the courts of appeals uphold these rulings, it could help force the board to use parole as intended: not to minimise the seriousness of a crime, but to acknowledge that the person who committed it can change and deserves a chance to rejoin society. Under the New York Parole Board's knee-jerk approach, this is far too often an empty promise.
Gov. Andrew Cuomo is also taking steps to increase the board's transparency and accountability. Among other things, the administration is proposing new regulations to require detailed explanations of parole denials, and it plans to videotape hearings for the public to see.
