The Manhattan District Attorney's Office has written a letter to the New York State Division of Parole arguing against early medical parole for Anthony Marshall, the 89-year-old son of Brooke Astor. But, the office said, it could not reach "a reasoned opinion" because it had not been allowed access to Marshall's medical records.

The parole board is considering Marshall's medical parole application this week. His attorneys have said that Marshall, who is serving a one-to-three-year sentence for stealing millions of dollars from his mother's estate as she suffered from worsening dementia, is debilitated by Parkinson's disease and poses no threat. The Department of Corrections and Community Supervision recommended he be granted medical parole last month (NYLJ, July 22). The D.A.'s letter, dated Aug. 14 and signed by Assistant District Attorney Elizabeth Loewy, said that Marshall "should not be allowed to use his medical condition as a sword to obtain his release, while using his claims of privacy as a shield to prevent access to the very records that could confirm or disprove that condition."

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