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Former NY Parole Board Chair Edward Hammock and FNC senior judicial analyst Judge Andrew Napolitano on former Tyco CEO Dennis Kozlowski’s efforts to...
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And they go the opposite way though judge where they might -- -- -- you -- so it's not Sodexo licenses -- -- he did and will come up with one but we won't reverse ourselves.
We made our decision we're not gonna do that under the -- our owners have you.
Yes it could go that way but it's unlikely to do so.
I've reviewed the same record that mister -- reviewed.
And the facts just -- out there there simply is no evidence that he's a menace to society there's nothing in the record that they can point to to justify that conclusion.
There's nothing in the record that they can point to that he's going to flee and even if he does -- what do they care saves them money.
-- -- one supervision -- he's already out of jail.
He's living in a halfway house in order to get there there -- to be some conclusion that he's not a menace to society when you live in -- halfway house you live in there at night.
You are free to do your work during the day.
He -- he comes back he leaves he comes back there simply is no evidence to support their conclusions -- be hard pressed to come up with the same answer this time around.
By the way -- what we're showing years when he was not in about half way house or we'll lose the guards' facility just whatever it is in the -- -- -- upstate New York.
Static do you get a sense that this is going to be reversed them when it's taken up.
The Parole Board will be under pressure to just reverse itself -- they could be under equal pressure to get very angry and say.
Don't tell us that we can do -- years we did -- for -- come up with another reason.
-- gonna say a couple of things one or many cases that I've seen over the years where we get a judge makes good decision in the case in my opinion it's a good decision.
And he orders -- new here she what is new here.
And many of those cases a guy goes back into your new reasons and they still -- -- What the judge is saying I think I have to agree with.
If they were really trying to justify the decision that they made because they believe it to be the right one.
They would have extraordinary difficulty.
Identifying.
A factual basis to support the decision to deny release.
But there's a new -- I just learned today.
Get the attorney general's office has filed a notice of appeal.
And when the attorney general files a notice of appeal to get an automatic stay.
So all that order of judge half to get mister Kozlowski in new hearing is on hold for -- won't.
-- appeal is decided.
So he soups and stews.
And prison longer why he continues and more point you know I think he just within the viewers' sake.
The New York State work release program is an excellent program corrections has been running -- for years.
Governors have limited the offenders who can go into it basically to white collar guys and drug offenders.
But it really does put the guy back in the community so that's number one at mister Kozlowski.
And inconsistent what the judge said because there's been movement for mister Kozlowski -- work police he's Holmes.
Five nights a week he's only in the facility two nights a week so he really is back in the community but no adverse.
-- -- -- -- and editing -- president and any other thing I'll mention to you which you have the board reference when they were interviewing him for release.
They've been mandated by the New York State Legislature affected in November 2011.
To use risk assessment instruments.
In their parole release decisions.
They did that in the case to -- Kozlowski.
And although I've not seen his compass report that's the -- and compass I've not seen guarantee.
He's a minimal risk to -- -- They don't have anything lower than -- Judge drill could -- -- sort of belabor this -- a -- program but.
It's two to mr.
hammer its point about now the attorney general intervening to appeal here how unusual is that to you.
Well -- I don't think it's thing usually here because of this was a notorious case.
And mr.
-- Kozlowski.
Is someone that they state aggressively pursued and that's.
I'm mr.
haven't pointed out was angry that he didn't accept there are plea offer and force them to go through an expensive trial.
But they got there I'm still thinks they're -- -- -- -- in -- along much admired what every Golan now.
Much longer than -- it indicates otherwise so they've gotten you know -- -- It's not enough of -- a -- for them.
So they're gonna take another shot at the appellate court I didn't know about that I'm sorry to hear that but that's gonna delay things he's not going to be -- two weeks he appellate court could take months.
Before even decides to accept the appeal much less rule on it.
We're we're gonna have their due to the statement we had from -- -- us his lawyer in a second but do you find it surprising ever did that you would see.
I don't know where the attorney general's office intervening on what is essentially.
What the Parole Commission matter.
I do find it you know well first of all.
The attorney general -- the State's -- understood so if the pro calls up and says look here we don't like this decision from judge -- We think you ought to repeal -- the processors.
That would be done they panel and -- into our agreement it.
The attorney general's office would not be involved until parole notified yeah that's a broken as well as saying we we we stand by decision we help us now.
That's -- What we would hope would happen and it could happen in this case although I tend to doubt it.
But we would hope that you turn the attorney from the attorney general's office -- get this would be review directed toward -- determination.
What -- we appealing.
And you know why are we doing this but I've seen cases where the attorney general.
Marie reaction response I mean reflexively.
You know they just go ahead and do the appeal.
And say let the chips fall where they may if you appellate division that's engulfed by buying the appellate division holds -- and -- get another shot.
Whenever the Parole Board says he can come back contrived which would be one.
In his case his parole eligibility is in January so he's going to see the board again in September.
Of this year of this year because they see the guys four months before they can be released election.
Got you by the way to that governments say number and Dennis Kozlowski is attorney and I voted themselves get -- are elated by the court's ruling.
Because it validates that what we settle a long after being a model prisoner for many years he has become a model for does that in the work release program we asked.
For basic fairness nothing more the judge that now this wild card from the attorney general.
That could at best -- that what do you make of that.
Well I hope that the attorney general will do -- hope having reviewed the file I don't mean that you should -- -- much less incarcerated another argument for another time.
But I hope that the lawyers in the attorney general basically said of the Parole Board.
We're not going to file this appeal we don't think it's meritorious we're not supposed to waste the courts time.
With frivolous appeals if they do that he'll be home free and a couple of weeks if they don't do that it's up to the appellate court how much time they -- to take to decide to hear the appeal.
And then to rule on -- Lauren terminals types of appeals are not are not normal they're not huge -- this is out of the ordinary.
All right -- -- mr.
comics point there is a disproportional.
Interest in this particular.
Prisoner.
And this particular case.
-- to this today.
We have no idea.
