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Borrello, Giglio criticize latest Kindt release

A pair of state lawmakers aren’t done criticizing New York state over its handling of convicted murder Edward Kindt.

On Friday, state Sen. George Borrello, R-Sunset Bay, and retiring Assemblyman Joe Giglio, R-Gowanda, questioned the decision by Administrative Law Judge Michael Marasa to release Kindt into the community after what the lawmakers say are two serious parole violations.

“I am appalled at the judge’s decision to release rapist and murderer Edward Kindt after he committed two parole violations, including the serious charge of absconding from parole supervision. This is one more example of how dangerously far New York state has fallen when it comes to public safety,” Borrello said. “The horrendous ‘Less is More’ law allows criminals on parole to ignore the rules without penalty. This is the upside down, ‘no consequences’ criminal justice system Democrats have given us.”

Kindt’s parole revocation hearing was the result of his recent escape from parole supervision and his transitional housing in Dutchess County and his return to Salamanca in Cattaraugus County. Undersheriff Eric Butler said it took deputies only three hours to find Kindt once they were notified that he had left Dutchess County while criticizing the state Department of Corrections and Community Supervision didn’t notify local law enforcement that Kindt had left his transitional housing. The escape from Dutchess county was the second time Kindt had violated his parole since being released. In returning to Salamanca, he also violated the order of the Seneca Nation banning him from their nation.

Both lawmakers have been critical in the past of the decision to grant parole to Kindt in the first place, while Borrello was among those critical of initial plans to place Kindt in Chautauqua County. Cattaraugus County lawmakers said in one resolution that Kindt had committed several “deplorable” acts and received multiple disciplinary infractions in prison, including making weapons, stalking, lewdness that included exposing himself to a woman, and repeatedly making and using drugs and alcohol. Giglio and Borrello sent a letter in late July to Gov. Kathy Hochul calling for a full investigation into Kindt’s escape while Cattaraugus County officials made the same request in a resolution passed by the county legislature.

“This wrong-headed decision endangers not only our community but law-abiding citizens across New York and beyond. What more does he have to do to prove he belongs behind bars? Kindt is a deadly sexual predator who has shown zero remorse for the brutal rape and killing of Penny Brown. He is evil and he belongs in prison. Period,” Giglio said. “He should have never been granted parole in the first place.”

Borrello has introduced legislation (S.9872) that would establish a procedure for locating incarcerated individuals released on parole by a non-unanimous vote (2-1) in the home community of one of the two board members who voted for release. Parolees released by a non-unanimous vote will be placed in a transitional residential facility in the community of one of the two board members who voted in favor of their release. The commissioner of the Department of Corrections and Community Supervision (DOCCS) will use an impartial procedure for determining which board member’s community will be the relocation site for the paroled individual.

“My legislation would encourage board members to more thoroughly assess an individual’s fitness to return to society. It is easier to vote to release someone if you know that you, your family and community won’t be in harm’s way. Board members need to have complete confidence in their decision to reintegrate these individuals; this measure will help ensure that they do,” Borrello said.

Giglio has drafted legislation that would require at least one member who is a crime victim or a crime-victim’s advocate to be a member of the parole board. Unfortunately, his bill was blocked by members of the majority and never reached the floor of the Assembly for a vote.

“As elected officials, we have a responsibility to protect our constituents and defend the victims of crime and their families. Obstructing legislation that is written to protect victims and the general public underscores how deep the dysfunction in Albany is,” he said.

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