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Frazier v. New Jersey State Parole Board

February 27, 2009

WILLIAM L. FRAZIER, III, APPELLANT,
v.
NEW JERSEY STATE PAROLE BOARD, RESPONDENT.



On appeal from a Final Agency Decision of the New Jersey State Parole Board.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 29, 2009

Before Judges Axelrad and Parrillo.

Inmate, William L. Frazier, III, appeals from an April 4, 2008 decision of respondent, New Jersey State Parole Board (Parole Board), denying him parole and establishing a thirty-six month Future Eligibility Term (FET). We affirm.

The relevant facts are as follows. While on parole and out of prison for only six months, appellant committed a carjacking and robbery for which he was convicted and sentenced on February 17, 1995, to an aggregate term of twenty-six years, with a mandatory minimum of thirteen years. This sentence was made concurrent to a sentence of twenty-years with a ten-year mandatory minimum imposed on appellant for a separate incident wherein he committed the crimes of robbery, unlawful possession of a weapon, receiving stolen property, and resisting arrest. While incarcerated, appellant committed a serious institutional asterisk infraction, resulting in a loss of commutation time.

Appellant first became eligible for parole after serving approximately twelve years and nine months. The hearing officer referred the matter to a Board Panel, pursuant to N.J.A.C. 10A:71-3.15(b), who then conducted the hearing, which included an extensive interview with appellant and a comprehensive review of his parole file. The two-member Panel denied appellant parole and established a thirty-six month FET.

The Panel's decision was based on a number of factors, including appellant's present incarceration for a multi-crime conviction; his extensive criminal record and the escalating seriousness of his crime; the failure of prior parole and probation opportunities to deter his criminal behavior; the commission of new offenses while on parole and while incarcerated; the exhibition of anti-social behavior; and insufficient problem resolution. As to the latter, the Panel cited appellant's lack of insight into his criminal behavior and minimization of conduct, noting "[appellant] presents no empathy or remorse towards his victims, is seeking to blame others for his development and anger which caused him to be angry and aggressive towards others."

In mitigation, the Panel did consider appellant's participation in programs specific to behavior and other institutional programs, his average to above average institutional reports, minimum custody status achieved, commutation time restored, and his attempt to enroll in still other programs, for which he was not admitted. Nevertheless, considering all material facts, including the Panel interview and case file documentation, the Panel concluded that, on balance, appellant presented an unacceptable risk of committing future crimes if released and therefore denied parole.

Appellant appealed the Panel's decision to the full Parole Board. In affirming the denial of parole and thirty-six month FET, the Board concluded:

Based upon consideration of the facts cited above, the full Board has determined that the Adult Panel has considered the aggregate of information pursuant to N.J.A.C. 10A:71- 3.11 and fully documented and supported its decision for denying parole pursuant to N.J.A.C. 10A:71-3.18(f). Also, the full Board found that the Adult Panel's decision is based upon a determination that a preponderance of the evidence indicates that there is substantial likelihood that you would commit a crime if released on parole at this time.

On appeal, appellant raises the following issues, many of which were raised and rejected below:

I. PAROLE BOARD WAS BIASED AND FAILED TO FOLLOW THEIR OWN MANDATED POLICIES AND PROCEDURES.

II. THE PAROLE PANEL FAILED TO USE PROPER DISCRETION WHEN IT GAVE A PSYCHOLOGICAL CLINICAL DIAGNOSIS AND SUGGESTED PARTICIPATION IN ONE TO ONE ...


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