An Albany judge has ruled that the widow of one of two police officers killed in a 1971 ambush in Harlem by members of the Black Liberation Army cannot block the state parole board's decision to release Herman Bell, one of the men convicted in the murders.

Acting Albany Supreme Court Justice Richard Koweek found that the widow does not have standing to challenge the New York State Parole Board's 2-1 vote that Bell, 70, should be released, find that the board's decision was not “irrational, nor did it border on impropriety”

Koweek said he sees the “emotional component” of the position taken by Diane Piagentini, the widow of slain New York City police officer Joseph Piagentini, that a man who participated in the “cold blooded” murders of her husband and fellow New York City police officer Waverly Jones should not go free.

But the judge said that, while he dismissed the petition as a threshold matter of standing, if he ruled on the parole board's decision on the merits, he would still rule against Diane Piagentini.

Koweek stayed the ruling until April 27.

Bell and two other members of the 1970s radical group who took part in the ambush, Anthony Bottom and Albert Washington, were convicted of murder, and each received sentences of 25 years to life in prison.

In 2007, Bell also pleaded guilty to manslaughter for the shooting death of a San Francisco police officer.  

The families of the two slain officers have been divided on whether or not Bell should be released: Piagentini's widow, Diane Piagentini, has spoken out to oppose his release and filed the Article 78 petition to challenge the board's ruling, while Jones' family says he should be freed.

In its finding that Bell should be released, the parole board cited Bell's remorse for his crimes, as well as the length of time he's spent in prison and the personal growth he's experienced there, as justification for his release.

Assistant Attorney General Joshua McMahon appeared for the parole board. A spokesman for the board said it is reviewing the judge's decision and that it would not comment further.

Diane Piagentini was represented by Mitchell Garber of Worth, Longworth & London, a firm that specializes in representing police officers. The firm referred a request for comment to the Patrolmen's Benevolent Association, which also spoke out against releasing Bell.

In a news release, PBA President Patrick Lynch said the union will appeal Koweek's “outrageous” ruling, which he said would “blow a gaping hole in the justice system” if it is allowed to stand.

“In a free and democratic society, we cannot have a parole system that is accountable only to the criminals themselves,” Lynch said.