What should I expect at a parole hearing?

May 2, 2007 7:41 AM

Many years ago I witnessed a murder and was the victim of attempted murder. The murderer was caught, and sentenced to 40 years-to-life. His first parole hearing is scheduled for 2008. I need to know what to expect.

I have since moved out of the state (California) but I am planning to attend the hearing and speak about his previous prison sentences for violent behavior, the nature of the crime in which I was involved, and the simple fact he needs to be incarcerated for the rest of his life.

The possibility of this person being released back into society is bringing back many unpleasant memories and I'm nervous and apprehensive about revisiting the incident. I'm having problems sleeping and focusing at work, and I need to know how best to present to the parole board the reasons why this person must never again see the light of day.

I have several questions:

What should I expect at the parole hearing?
Will he be present when I testify at the hearing?
Will I be allowed to keep my face hidden?
How much credence does the parole board give to the statements of victims, and the reasons why they object to a prisoner's parole?

Please, no lectures about prison rehabilitation or why this person should be set free.

Private messages or personal experiences may be sent to [e-mail].

posted by anonymous to Law & Government (13 answers total)

I can't answer directly, but I believe the CA OCJ Victim/Witness Assistance Center could answer your questions.

Contact info for the various groups is here.

I hope they can give you definitive answers.
posted by Tacos Are Pretty Great at 7:53 AM on May 2, 2007

Office of Victim Services information page

According to this, you don't have to actually attend the hearing to make your statement, thus guaranteeing you won't be in the same room with him. Note the link for support groups at the bottom of that page.

Also, members of the public can comment on the offender's parole eligibility. If you know neighbors or other people interested in the case, encourage them to write a letter (which will be kept confidential from the inmate).

Even if you never see the guy, just visiting the prison could be a traumatic experience for you (or cathartic, depending). You know yourself best - don't let yourself be victimized emotionally.

Best wishes.
posted by desjardins at 8:18 AM on May 2, 2007

I'm having problems sleeping and focusing at work

One more thing - I'd definitely mention the ongoing effects of his crime(s) in your testimony, including any medical/psychological treatment you've had. Also, since you no longer live in the state, you might consider not making the trip to the hearing and sending a video/letter instead.
posted by desjardins at 8:22 AM on May 2, 2007

I hope this is not too far afield but -- In this day and age in California, virtually no violent offenders and especially no inmates convicted of murder are getting released, and especially not at their first possible parole hearing. In other words, you can show up or send a letter or not show up -- and it is 99.9999etc. certain that parole will be denied. This is not to change your decision about what to do, but to possibly alleviate your fears of parole being granted.

If you want to read more about the legal standards, here is a California Supreme Court case [warning: opening pages include graphic description of violent murder -- description of process and standards begins at page 13] upholding the repeated denial of parole to an inmate who was a "model prisoner" based on the egregiousness of the crime (and denying court review to parole board determinations). Actually -- reviewing -- reading this case will put you into a coma. Here is a secondary source, and another.

The dissent in Dannenberg noted: "The possibility that the Board may not be giving individualized, due consideration to parole applicants is more than hypothetical. In 1999, for example, no life prisoners were released on parole, partly because the Board granted parole to an estimated 18 prisoners (Legis. Analyst’s analysis of 2000-2001 Budget Bill, p. D-59) out of about 2,000 parole suitability hearings [as of Jan. 24, 2005]), less than 1 percent of those eligible[.]"

Also, here is a description of the process.
posted by ClaudiaCenter at 8:34 AM on May 2, 2007

...especially not at their first possible parole hearing. In other words, you can show up or send a letter or not show up -- and it is 99.9999etc. certain that parole will be denied.

If I were you I would still send a letter or a video instead, this time and every time. IANAL and have no other relevant experience except everyday observations that squeaky wheels get the oil. And so 10-15 years from now when he might get paroled you'll want to have been seen to be squeaking since day 1.
posted by Martin E. at 8:48 AM on May 2, 2007

If you decide to go, write down what you are going to say and read it. A clear, well-reasoned argument will benefit you and it will be easier for you to get through, since you can focus on the words on the page. Plus you would not have to leave and then have one of those "Oh! I wish I had remembered to say that!"

Also, perhaps writing that little talk, even if you never decide to use it, could have some healing qualities?

Just a thought. All the best to you.
posted by 4ster at 9:39 AM on May 2, 2007

"Oh! I wish I had remembered to say that!" experiences.

Sorry for the typo.
posted by 4ster at 9:40 AM on May 2, 2007

In Colorado there are victim advocates who can help you with the process and make you feel less alone.

You might look into whether there is something similar in CA.

Good luck. I can't imagine how hard this will be.
posted by Sheppagus at 10:30 AM on May 2, 2007

nthing the letter/video idea. It will not only be cathartic, but it shows how much this means to you, how affected you are, is a public record of your feelings, and personalizes the crime in an unignorable way. This way, your comments in court (if you go) could not be interpret as the result of an emotional overload in the situation and dismissed as such (which would be ASSININE given the circumstances, but people can be AWFUL and evil sometimes, as you know). This way you have an ongoing record of your stance, which is emphasized and backed up by your showing/reading of the material that day in court. It provides a chronology, a story, rather than one point in time.

It will also provide some structure to this scary experience. Reading the letter, playing the video, preparing in advance — all will help you stay strong through this.

The best of everything to you!
posted by iamkimiam at 12:14 PM on May 2, 2007

Since IANAL, I wonder if having a lawyer involved recording the video (like a deposition) would increase credibility, especially if anonymity is desired? Can anybody with expertise speak to this?

I'll add my best wishes that all will go well for you during this unimaginably difficult time.
posted by trinity8-director at 12:42 PM on May 2, 2007

I know you didn't ask this, but I strongly recommend therapy of some sort. See other questions about what kind.

I think the possibility of your attempted murderer being released falls pretty high up there on the 'traumatic experiences' list.
posted by lalochezia at 4:45 PM on May 2, 2007

I would also suggest trying to find a victim assistance program in the state where the hearing will be. I don't know what you will find but our family's experience was that they were extraordinarily helpful - before, during and after. Not only was the advocate a good source of information about what to expect, she also provided emotional support through out the process.
posted by metahawk at 6:27 PM on May 2, 2007

First, start out by writing the California Department of Corrections requesting that you be notified when the parole hearing is going to occur. Contact the Office of Victim and Survivor Services at [phone] or Toll Free at [phone](866-BPHWATCH).

The process works as follows:

Notification of Parole Hearings

Crime victims (or their next of kin or immediate family members if the crime victim has died) may receive notification of a parole suitability hearing so that they are afforded an opportunity to make a statement to the hearing panel. This statement may be made in a number of ways:

* writing to the BPH
* attending the hearing
* submitting astatement on audio or video tape, CD-Rom or DVD
* appearing by videoconferencing

Specifically, victims who would like to receive notification of parole hearings must inform the BPH of that in a letter that includes their mailing address. All valid requests received at least 30 days prior to the next scheduled hearing will receive notification of that hearing.

In lieu of personal appearance, the victim or next of kin or immediate family member may submit a 15-minute statement on audio or video tape, CD-Rom or DVD, accompanied by a written transcript of the tape. It should be mailed to the Classification and Parole Representative at the prison where the inmate is housed and the hearing will be conducted, at least three weeks prior to the hearing. This tape and transcript will be placed in the prisoner's central file and will be available to the panel at all subsequent parole hearings.

Victims or next of kin may also appear at some parole hearings by video-conferencing from a site remote from the prison, if equipment is available at the institution. For more information, please contact the Board's Victim Services Coordinator, at [phone] or Toll Free at [phone](866-BPHWATCH).


I suggest that you go to therapy and then have the doctor provide a written statement as to the impact the crime has had on you and the impact that the prisoner's release will have on you. Having a lawyer help you with the process is something to consider, but costs may be prohibitive.

I am not your lawyer. Hope this helps.
posted by Ironmouth at 6:33 PM on May 2, 2007