Prison bars/Photo courtesy of Shutterstock.com (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.