In fact, his behavior, conduct and attitude up until the day he agreed to the plea bargain was representative of an individual trying to avoid the responsibility and blame for his dangerous and reckless behavior. According to appellants, the parole officials in essence did the bidding of the victims rather than applying the correct criteria in reaching the parole decision. Had LePore decided to apply for and been granted parole, he would have been placed under mandatory restrictions including periodic visits with a parole officer for about two months. At the conclusion of the interview of Lepore, the Panel deliberated, after which they rendered their decision denying parole and establishing an eighteen-month FET. As to the sentencing judge's finding of mitigating factors that Ryan's conduct was the result of circumstances unlikely to recur and that Ryan was particularly likely to respond affirmatively to probationary treatment, the Board noted that the judge also found the presence of aggravating factors surrounding the offense, including the nature and circumstances of the offense and Ryan's role in it, the gravity and seriousness of the harm inflicted on the victims, and the need for deterrence, which the judge found substantially outweighed the mitigating factors. 6. However, in his case, that experience with the juvenile justice system bears significance for two reasons. NorthJersey.com 0:00 1:11 A pre-dawn blaze tore through a freshman dorm at Seton Hall University 20 years ago on Jan. 19, killing three students and injuring 58 others in a tragedy that. #inline-recirc-item--id-93d04666-8c88-11e2-b06b-024c619f5c3d, #right-rail-recirc-item--id-93d04666-8c88-11e2-b06b-024c619f5c3d { 294, 300 (App. Seton Hall report, also known as the Denbeaux study, is any of several studies, published by the Center for Policy and Research at Seton Hall University Law School in the United States beginning in 2006, about the detainees and United States government policy related to operations at the Guantnamo Bay detention camp.At a time when the government revealed little about these operations, the . In this regard, he further argued that instead of finding as a reason for denial "prior criminal record noted," the Panel should have found as a mitigating factor "no prior criminal record or minimal criminal record." Two days after the fire, on January 21, 2000, appellants and Tino met with Mike at a Dunkin' Donuts in Madison. 18. By our orders of September 30, 2008 in each case, we granted appellants' motions to accelerate the appeals. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation. St. Elizabeth Ann Seton - Encyclopedia Britannica In particular, he argued that the Panel failed to consider or give appropriate weight to the following facts: Ryan pled guilty only to third-degree arson, not the more serious charges, including felony murder, aggravated manslaughter or aggravated assault; the sentencing judge found that Ryan's conduct was the result of circumstances unlikely to recur and that Ryan was particularly likely to respond affirmatively to probationary treatment; the plea agreement, as approved by the sentencing judge, was for sixteen months parole ineligibility, and the prosecutor agreed to take no position regarding parole; Ryan complied with all bail conditions for more than three-and-one-half years; Ryan's family and friends will provide a good support network while he is on parole; Ryan has a promise of employment upon release; Ryan acknowledged responsibility for his conduct and has expressed remorse; and Ryan has been a model prisoner. Parole hearing scheduled for 2 who started Seton Hall fire Statements by institutional staff, with supporting documentation, . Div. The Panel checked off the following mitigating factors: No prior criminal record; Infraction free; Participation in program(s) specific to behavior; Participation in institutional program(s); Average to above average institutional report(s); Attempt made to enroll and participate in program(s) but was not admitted; and Minimum custody status achieved/maintained. Truck driver was on TikTok during crash that killed 5, officials say, Hunter Biden grand jury never heard from his former business partner. At the conclusion of Ryan's interview, the two Panel members deliberated, after which one of them made these comments on the record. Her father, Dr. Richard Bayley, was a doctor and one of the first health officials in New York City. 30:4-123.55] indicates by a preponderance of the evidence that the inmate has failed to cooperate in his or her own rehabilitation or that there is a reasonable expectation that the inmate will violate conditions of parole imposed pursuant to [N.J.S.A. This was done at about 4:30 a.m. in a multistory building with scores of potential victims sleeping. 16. Id. One was a suitemate of appellants, who died from smoke inhalation. Also, it was well documented in the file that Lepore had a good support network of family and friends and a promise of employment upon release, and that he was a model prisoner. The burden is on the State to establish a reasonable expectation that the inmate will violate the conditions of parole, considering all relevant factors in the aggregate. We are, unfortunately, going to deny parole. The transcript consumes 179 pages. After extensive administrative proceedings, the Board issued final decisions in both cases on August 6, 2008, denying parole and establishing for Ryan an eleven-month future eligibility term (FET) and for Lepore an eighteen-month FET. Along the same lines, the Board noted that appellants did not admit to anyone, including their families or lawyers, until the time of the plea or immediately before, nearly seven years after the crime, that they started the fire. Her mother, Catherine Charlton Bayley, died when Elizabeth was only three years old. Your client's assessment that the fire at Boland Hall, with the resulting deaths and injuries, [w]as the result of a joke gone wrong, demonstrates he does not truly accept the seriousness of his actions. Accordingly, we are constrained to affirm in both cases. 10A:71-3.11 and was fully documented and supported. The results of the objective risk assessment instrument. Yet, in our view, that position runs counter to an established and adjudicated fact, namely, that for them to be guilty of the crime to which they pled, they had to have consciously disregarded a substantial and unjustifiable risk that their conduct would cause the particular result defined in the offense, see N.J.S.A. He argued that the characterization was correct, was agreed upon by the prosecutor and the judge as a sufficient basis to support the plea, and "[t]here was no evidence that Mr. Ryan and Mr. Lepore intended to injure anyone or that it was reasonable to foresee that their conduct would cause such injury." He denied any intention to resist arrest. As applicable to these cases: An adult inmate shall be released on parole at the time of parole eligibility, unless information supplied in the report filed pursuant to [N.J.S.A. We agree with the Board that it was proper to consider the arson and witness tampering as separate crimes, and thus to consider the multi crime factor as a negative consideration in the parole decision. Appellants were co-defendants in the trial court. Statement by the court reflecting the reasons for the sentence imposed. Trantino v. N.J. State Parole Bd., 166 N.J. 113, 173 (2001) (Trantino VI) (quoting Beckworth v. N.J. State Parole Bd., 62 N.J. 348, 359 (1973)). The Panel notes that your client's reckless behavior resulted in tragic consequences. Seton Hall dorm fire: A look at where some of the key people are today 2C:11-1d, b, or death. Could the the Higher Education Act lead to loan forgiveness? 10A:71-3.11, there was a reasonable expectation that Ryan would violate parole. . Defense lawyers have said the arson pleas, which take no responsibility for the deaths or injuries, were appropriate because the school did not have adequate systems to prevent the blaze from spreading. Both. A plea bargain spared them from facing more than 30 years in prison if they had been. Indeed, the second act was a purposeful criminal act. This leaves us with some uncertainty as to whether the Panel considered the pre-parole report, which in turn contained the risk assessment, as part of the favorable institutional reports. When the matter went before the Panel, Lepore correctly pointed out that he did not commit these offenses while on bail, and that the hearing officer's check off of that item was incorrect. New Florida law allows roads made of toxic mining waste A plea bargain spared Joseph T. LePore and Sean Ryan, both 26, from facing more than 30 years in prison if they had been convicted in a trial. We will not speculate to the contrary. Lepore also received a concurrent six-month term for resisting arrest. The Board was satisfied that based upon the aggregate of information pursuant to N.J.A.C. And, the judge found that the aggravating factors substantially outweighed the mitigating factors. Commission of an offense while incarcerated. There is no dispute that appellants purposely set the fire. Seton Hall Arsonists Get 5 Years - CBS News "They should have been man enough to bang on doors and save everyone's life. The transcript consumes 134 pages. Appellants were sentenced on January 26, 2007. at 548 n.6. Mr. Lepore told the Panel that after passing a lit match back and forth with Mr. Ryan, Mr. Ryan flicked the match onto a banner and they both walked away. By continuously noting that his offenses occurred as a result of a "prank," your client attempts to distance himself from the reckless behavior he chose to exhibit on January 19, 2000 thereby placing those persons in the hall in grave danger. The full Board concurs with the Adult Panel's determination of insufficient problem resolution based on your client's responses to questions posed by the Panel at the time of the hearing. First, it was a prior offense, although not characterized as a "crime" because it was committed by a juvenile. By browsing this site, we may share your information with our social media partners in accordance with our, Parole hearing scheduled for 2 who started Seton Hall fire. We now describe the parole proceedings with respect to each appellant. Here's a list of products that use it. Again, this is evidence supporting the Board's finding that appellants have failed to acknowledge their criminal culpability and that they have minimized or "distanced themselves" from their criminal conduct. In these cases, there is no contention that either appellant failed to cooperate in his own rehabilitation. It did not specifically mention the risk assessment evaluation, but did refer to the "Pre-Parole Reports and Institutional Progress Report." The judge further found that, having regard to the nature and circumstances of the offense and the history, character and condition of appellants, their imprisonment was necessary for the protection of the public. On June 11, 2003, Lieutenant Dennis Masucci of the Essex County Prosecutor's Office pulled his unmarked police vehicle behind Lepore's vehicle with the intention of arresting him. Appellants' room was part of a four-person suite that shared a common bathroom between the two rooms on the third floor. We both really are in agreement that you've made a lot of progress. In both cases, the Board adopted the Panel's recommendation that appellants complete the Focus on the Victim program. Ryan's statement was nearly identical, except, of course, it began with, "I, along with Joseph Lepore, . 30:4-123.53(a), as we have previously set forth. Counsel also criticized the Panel for taking exception to the characterization of what occurred as a "prank." He further noted that Lepore signed up for and was on the waiting list for the Focus on the Victim program. Seton Hall set up to dance again despite huge Myles Powell hole Terry Dehere - Wikipedia We are satisfied that the Board did not consider the failure to come forward sooner for an improper purpose but to assist in the highly subjective analysis of the candor and forthrightness of appellants. Seton Hall Arsonists Remain in Jail as Victims' Story Nears - Adweek It is only necessary that a fire be started under [circumstances in which it recklessly places another person in danger of death or bodily injury]. The Board is restricted to a determination of the applicable standard under N.J.S.A. Your client was arrested on June 11, 2003 and maintained his claims of innocence until the date of his plea bargain hearing in November 2006. We just think that Focus on the Victim will help but even more than that, I mean they do have some counseling, some counselors available. "The charges are false," Alfano said. This was a separate crime, the purpose of which was separate from (although related indirectly to) the arson itself. The reasons checked off for denial of parole were: Presently incarcerated for multi crime conviction; and Insufficient problem(s) resolution -- Specifically: "Inmate is in the beginning stages of understanding how his criminal actions impact others, however needs more help to understand empathy," as demonstrated by the Panel interview and Documentation in case file. St. Elizabeth Ann Seton, ne Elizabeth Ann Bayley, (born August 28, 1774, New York, New York [U.S.]died January 4, 1821, Emmitsburg, Maryland, U.S.; canonized 1975; feast day January 4), first native-born American to be canonized by the Roman Catholic Church. They plead guilty in November 2006, admitting they set a banner on fire in Boland Hall on January 19, 2000. Appellants were friends from childhood, and in the 1999-2000 school year, they were roommates in Boland Hall, a freshman dormitory at Seton Hall University. Alvaro Llanos, a student horribly burned in the blaze, and Frank Caltabilota Sr., the father of one of those who died, said that at this point, no apology would be good enough. 2C:28-5a, based upon their conduct two days after the fire. - In 2021, Stafford Hall was renamed to Muscarelle Hall after Sharon and Joseph L. Muscarelle Jr. Very significantly, mirroring an argument made by Ryan, Lepore's attorney argued that "[t]here was no evidence that Mr. Lepore and Mr. Ryan intended to injure anyone or that it was reasonable to foresee that their conduct would cause such injury." Third-degree arson is distinguished from the more serious offense of second-degree aggravated arson, in which the perpetrator purposely starts a fire "[t]hereby purposely or knowingly placing another person in danger of death or bodily injury." Biography: Elizabeth Ann Seton - National Women's History Museum Ryan lit a match, which he passed to Lepore, who passed it back to Ryan. Lennox Dominique "Terry" Dehere (born September 12, 1971) is an American former basketball player who played six seasons in the National Basketball Association (NBA) and was an All-American college player at Seton Hall University.Following his playing career, Dehere became active in Democratic Party politics, as well as a restaurateur.. Dehere was born in New York City, and grew up in Jersey . One indictment charged appellants with three counts of felony murder, three counts of reckless manslaughter, third-degree arson, more than fifty counts of second-degree aggravated assault, and other related charges. The Panel conducted a hearing on March 31, 2008. Adjustment to previous probation, parole and incarceration. Racing Comm'n, 169 N.J. 579, 587 (2001) (quoting Clowes v. Terminix Int'l, Inc., 109 N.J. 575, 588 (1988)). With respect to the witness tampering, each appellant also read a prepared statement to supply his factual basis. Appellants came out of their room and saw the hallway filled with heavy smoke. The convictions for which they were denied parole were for the same offenses arising out of the same criminal conduct. Two former roommates who admitted setting a dormitory fire that killed three students at Seton Hall University were sentenced Friday to five years in prison. Throughout their panel hearings, appellants adhered to that position. Pattern of less serious disciplinary infractions. Logically, the Panel followed up by asking why he did not do so. He also objected to the Panel's reference to the multi crime conviction factor, arguing that both crimes arose from the same conduct. continues to view this crime as a prank rather than a reckless act of endangerment/remains very defensive of his participation in the crime/inmate states "he always wanted to tell the truth and felt guilt," however failed to do so for over 3 years and even following being charged and arrested/seriously minimizes all of his criminal decision making/inmate has yet to address the emotional issues of his crime to understand empathy & remorse. [t]hereby recklessly placing another person in danger of death or bodily injury." We may not substitute our judgment for the Board's. Aggravating and mitigating factors surrounding the offense. 2007 The Associated Press. Elizabeth Ann Bayley Seton was born into a wealthy Episcopalian family in New York City on August 28, 1774. All right, Mr. Ryan. Lepore also pled guilty to disorderly persons resisting arrest, N.J.S.A. Under the current statutory scheme there is a presumption that the inmate will be released when eligible for parole because the punitive aspect of the sentence is deemed satisfied by the time the parole eligibility date is reached. They decided they would ignite the banner that Ryan had partially torn from the wall, for the purpose of setting off the fire alarms, which would require all occupants of Boland Hall to evacuate the building and have to go outside in the twenty-degree cold. 28, 40-42 (App. In other words, in order for the State to prove this element of the offense, you must be satisfied beyond a reasonable doubt that it was the defendant's purpose or conscious object to start the fire. denied, 398 U.S. 938, 90 S. Ct. 1841, 26 L. Ed. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Appellants, Joseph T. Lepore and Sean M. Ryan, appeal from decisions of the New Jersey State Parole Board (Board) denying them parole. The Board recognized it as well. The longer sentences and mandatory minimums now provided by the Code of Criminal Justice are presumed to ensure that the punitive aspects of an inmate's sentence are already satisfied by the time of the parole eligibility date.
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