Driver of Vehicle in Deadly Brinks Robbery Gets New Parole Hearing
The driver of the getaway vehicle in the 1981 robbery that resulted in the deaths of a Brinks security guard and two Nyack police officers is entitled…
April 28, 2018 at 10:31 AM
2 minute read
(Photo: Shutterstock.com)
The driver of the getaway vehicle in the 1981 robbery that resulted in the deaths of a Brinks security guard and two Nyack police officers is entitled to a new parole hearing, state Supreme Court Justice John Kelley ruled.
In the decision, which was made public on Friday, Kelley granted Judith Clark's Article 78 petition challenging the state Board of Parole's denial of her application for parole.
At trial, Clark, a member of the revolutionary Weather Underground, did not have a lawyer and presented no witnesses. She was sentenced to 75 years.
“In sentencing Ms. Clark, the court expressed the view that, given her crimes and conduct during the trial, she was irredeemable,” Kelley wrote. “By most accounts, however, Ms. Clark has undergone a remarkable transformation during the three decades during which she has been incarcerated.”
In December 2016, Gov. Andrew Cuomo granted Clark clemency, reducing her sentence to a maximum of 35 years based on her “exceptional stride in self-development and improvement.” That made her eligible for parole in 2017.
In April of last year, she applied for parole. The board went through thousands of documents, finding that her release would “deprecate the seriousness of your crimes as to undermine respect for the law.”
In December, Clark initiated the Article 78 proceeding, calling the Parole Board decision “arbitrary, capricious and contrary to established law.”
Kelley found that a parole board cannot deny parole solely on the basis of the seriousness of the crime and must instead be guided by a risk assessment.
The court said the Parole Board acted arbitrarily and capriciously and considered factors that weren't allowed under the statute, requiring that the case be remanded for a new hearing.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDaniel Habib to Serve as Next Attorney-in-Charge of NY Federal Defender Appeals Unit
'Judicial Maturation': Judge Vacates Life Sentences That He Imposed on Brooklyn Man in 1997
5 minute readA Motion to Dismiss, a Reduced Sentence Request, and a Motion to Remand
8 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250