Frank has not been afforded lawful consideration for parole since he was eligible in 2011. We would like your support in asking for his immediate release.

Frank became eligible for release to parole supervision in December, 2011 after serving the time period of 7 1/4 years to which the sentencing court prescribed he could be released. Now almost 4 years later, the NYS Board of Parole still has not given him lawful parole release consideration and we request your support in advocating for his release from incarceration without further ado.

In early 2011, Frank became aware of numerous instances of false and inaccurate information in his parole record, some which stated he was convicted of crimes he was not convicted of, and asked NYSDOCCS and the Board of Parole they be corrected. His requests were ignored with the information going uncorrected.

In March, 2013, the Board offered him a parole release hearing 16 months later than when he should have had his parole hearing where he again brought the false information to the parole board panel's attention. The Board ignored this and reasoned their denial on this false information violative of state law and his constitutional due process rights.

Frank diligently continued his efforts through administrative means to effect the corrections, but again this fell on deaf ears. He then commenced judicial action by filing an Article 78 Petition in April, 2014.

In May and July, 2015, Supreme Court Judge Jonathan Nichols ruled in his Decision the March 2013 hearing was unlawful because the Board denied Frank release on false information and ordered its correction with a “new March 2013” hearing conducted. Still months later false information in his parole records has not been corrected, new false information introduced, and no indication he will be considered for release in accord with Judge Nichols' order.

We are not here to rehash Frank's innocence or guilt for the crimes he was convicted of, but needless to say his convictions are being challenged on very credible grounds in the slowly acting Courts.

Seven years, let alone the almost eleven years is more than enough punishment for the crimes Frank was convicted of.  Also, those like us who know Frank well realize there is little chance he will "re-offend", which is also supported by the Board of Parole’s own COMPAS analysis.

In addition, Frank has gone well-beyond what he was required to do in prison to be released which Judge Nichols stated in his Decision is a "credible impressive institutional record, ...to conduct and achievement." He was granted a Certificate of Earned Eligibility for his successful participation in required programs which by law gave him a presumption of release to supervision at his first eligibility in December, 2011.

Frank has multiple graduate degrees in Electrical and Computer Engineering with a long and continuous professional history in the military, government, industry, and his own technology businesses. Frank had a long history of innovation and invention in the field of digital imaging, designing systems and devices some which are still used in the intelligence community. He held DoD Top Secret and SCI clearances and various intelligence community Special Program Access clearances.

Frank obtained another college degree he paid for while in prison, made an in depth study of the law, and has many employment offers upon his release including one from a law firm. He has a home and family to return to where he will immediately be a tax-paying, contributing member of society.

Without the parole record being made accurate, the Board continues to violate Frank's constitutional rights and again in their irrational ways will unlawfully deny Frank release.

Frank has submitted to the Board of Parole and his parole record hundreds of pages of information that positively support the criteria they consider for release. Not one person or agency has made an objection to Frank's release including police, judges, and District Attorneys. To the contrary, in excess of 50 letters advocating for his release have been submitted to the Board by members of community, including Attorneys, ex-police, church organizations, and even a Regional Director of DOCCS, which additionally provides them positive information to consider to grant release.

There is no reason to continue to waste taxpayer's funds, your tax dollars, to keep Frank incarcerated. 

It is a miscarriage of justice for Frank not to be fairly and lawfully considered for parole release and to be released. We would like you to join us in advocating for Frank's immediate release. Please sign the Petition to the NYS Parole Board for Frank's release.