BY JOEL GROSSBARTH
Convicted sadomasochistic murdered Bernard J. LeGeros, lost another bid to be released from State prison after an appeals Court threw out his case this week. LeGeros, who is serving a 25 years to life sentence for the 1985 kidnap and murder of fashion model Eigel Vesti in Stony Point, challenged the denial of the New York State Parole Board to release him from prison after serving 30 years in prison.
In Matter of LeGeros v. New York State Board of Parole, the Appellate Division Court in Brooklyn affirmed an Orange County trial judge’s ruling that dismissed LeGeros’ claims that the Parole Board did not follow the law in denying his 2013 application to be released on parole.
LeGeros claimed that the Board of Parole did not follow the requirements it needed to consider in denying parole. The appeals Court stated that the record demonstrated that the Parole Board considered the appropriate statutory factors in denying the petitioner’s application for release to parole, including his institutional accomplishments, academic and program achievements, prison disciplinary records, post-release residential and employment plans, and letters of support. The Board also considered the seriousness of the petitioner’s crimes. The Board was not required to address each factor in its decision, or to accord all of the factors equal weight
The decision to grant an inmate parole is completely discretionary to the Parole Board. In order to succeed on a challenge to the Parole Board’s decision, an inmate must show that the Board’s decision was irrational to the point of bordering on impropriety. This is a very high burden to show.
LeGeros was scheduled for a hearing last month, but that hearing was adjourned until November. It is likely the hearing was adjourned due to the pending appeal that the Court decided last week.