Online Petition Urges Assembly Action to Extend Time Between Parole Hearings for Violent Felons

O’Mara, Palmesano join parents of Derrick Robie of Savona to continue push for legislative approval

Savona, NY — Senator Tom O’Mara (R,I,C-Big Flats) and Assemblyman Phil Palmesano (R,I,C-Corning) today encouraged area residents to help support a new online petition urging the state Assembly’s leadership to allow a vote on legislation that would extend the time period that murderers and other violent felony offenders have to wait to apply for parole.

Earlier this year, O’Mara and Palmesano, who co-sponsor the legislation (S.1483/A.1680), joined legislative colleagues and family members of murder victims, including the parents of Derrick Robie of Savona (Steuben County), to urge its passage. Derrick was four years old in August 1993 when he was murdered by Eric Smith, 13, in a wooded area near the Robie home in Savona (Steuben County). Smith was convicted of second-degree murder in 1994 and sentenced to nine years to life in prison. He’s currently incarcerated at the maximum-security Collins Correctional Facility outside Buffalo.

Smith first became eligible for parole in 2002 and has been denied parole seven times, the last hearing coming in April 2014. Under current law, he’s eligible for another parole hearing next April. The state Parole Board is currently required to allow inmates to request a parole hearing every two years. Under the legislation O’Mara and Palmesano are co-sponsoring, the Parole Board would be allowed to extend the time period between parole hearings from two to five years for violent felony offenders. The board would still be given the option to permit an earlier hearing. The legislation is sponsored by Senator Kenneth P. LaValle (R-Port Jefferson) and Assemblyman Fred W. Thiele, Jr. (I,D,WF-Sag Harbor).

The Senate approved the measure in June, with strong bipartisan support, by a vote of 46 to 14, bringing it one step closer to becoming state law. But the state Assembly leadership failed to allow the full Assembly to vote on it. Consequently, the Robies opened their online petition on Oct. 2, on what would have been their son Derrick’s 27th birthday. The petition can be found on www.change.org by entering “Derrick Robie” in the search box.

In a joint statement, O’Mara and Palmesano said, “We need to keep making the case that it’s not fair to Dale and Dori Robie and all of the other families who have to relive their nightmare every two years. This online petition will help keep attention focused on the legislation as we get closer to the start of a new legislative session in January, especially on the fact that the Assembly leadership needs to allow a vote on the bill in 2016.”

Dale and Dori Robie said, "We believe this petition can effectively help us deliver a message of widespread support to Assembly leaders. We’re trying to keep attention focused on the ongoing efforts to see it become state law in Derrick's memory, and the memories of all victims, so that other families like ours, whose lives have been forever changed by a violent criminal, do not have to relive their ordeal every two years."

Sponsors and supporters of the measure, including the Robies, argue that the longer time frame would help spare the families of victims from having to repeatedly, every two years, relive the events that took the lives of their loved ones — as well as to further help prevent any chance that a heinous criminal would be granted an unwarranted, early release from prison.