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Old 01-08-2006, 01:14 PM
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Question Attending Parole Hearing In D.c.

MY HUSBAND AND I WILL BE ATTENDING OUR SONS PAROLE HEARING IN D.C. THIS MONTH. I DON'T KNOW WHAT TO EXPECT AND WOULD LIKE TO HEAR FROM ANYONE WHO MAY HAVE ATTENDED ONE OF THE HEARINGS OR HAS KNOWLEDGE OF EXACTLEY HOW THIS IS DONE (WHO MAKES UP THE BOARD, WHAT THEY WILL CONCIDER, WHAT PART I CAN PLAY IN HELPING THEM TO KNOW OUR SON AS MORE THAN A CRIMINAL). ANYTHING WOULD BE MORE THAN I HAVE NOW, THE TRIAL IS COMMING UP SOON!

THANKS,
MOMBERT
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Old 01-09-2006, 03:53 PM
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i found this article the other day, i thought someone might find it interesting, let me find it and i will post it, you might get something from it on parole...
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Old 01-09-2006, 04:39 PM
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its not personal knowledge, but i hope it helps at least a little, good luck!!

http://aca.org/publications/ctarchiv...3/johnston.pdf

Military Parole: The Final Steps toward responsible citizeonship.
By James D. Johnston

Author’s Note: Points of view expressed in this article do not
necessarily represent the official position or policies of the U.S.
Department of Defense.

Each inmate entering the U.S. Disciplinary Barracks
(USDB) at Fort Leavenworth, Kan., the Department of
Defense’s maximum-security correctional facility, sees
the command shield that reads, “Our Mission, Your
Future.” This insignia could just as well announce the guiding
principle of the military services, as they provide a system of
parole for military offenders confined in military correctional
facilities worldwide.

The military’s system of parole involves the three military
clemency and parole boards, working with the military correc-
tional facilities to solve a significant challenge unique to the
armed forces. Specifically, the clemency and parole boards of
the Army, Navy (which also serves the Marine Corps) and the
Air Force must carry out the congressional mandate that con-
finement, in all its forms, including discretionary parole, should
return offenders to duty or civilian life as useful citizens. More-
over, the boards must provide a parole process that addresses
the worldwide deployment of military personnel. Given human
nature, a small number of these military personnel will commit
crimes during those worldwide deployments. Therefore, the
military parole system must solve the challenge of communi-
cating with the worldwide location of military inmates, victims,
witnesses and other interested parties, all of whom may be
located anywhere military personnel are deployed. No other
paroling authority — not a state parole board nor the U.S.
Parole Commission — has such a worldwide challenge.
The solution to this challenge has resulted in a military
parole system that is intimately involved with the whole con-
finement system from sentencing to release. Much of this inti-
macy, this cooperation, is driven by the need for efficient use of
resources to accomplish a mission common to all the services,
which is to provide a correctional system to handle military
service members who commit crimes anywhere in the world.
The efficient use of resources also has driven a general unifor-
mity of processes among the three boards, but with some
differences based on each service’s military mission, organiza-
tional design and personnel requirements.

Most board members are relatively senior officers (colonels
and lieutenant colonels as well as civil-service equivalents) and
most perform these duties on a part-time basis. The Army
board is composed of approximately 14 active-duty and civilian
members of the Army Review Boards Agency located in North-
ern Virginia. They sit in panels of five that reflect a diversity of
experience: judge advocate, personnel, medical, reserve, com-
batant commands, etc. The Naval board’s five members (and
alternates) are active-duty Navy and Marine officers stationed
in the Washington, D.C., area. They have experience similar to
the Army board’s members. The Air Force board has one panel
of five members (with alternates) from the offices of the Gener-
al Counsel, Judge Advocate General, Chief of Security Forces,
and Air Force Personnel Council. The members have extensive
judge advocate, law enforcement or command experience.

Intimate Involvement

The collaboration among the three boards and between
them and the correctional facilities begins with the Department
of Defense directive that organizes the military corrections
community. It specifically incorporates the service secretaries’
parole and clemency processes into its overall correctional
programs and facility administration. For example, the parole
and correctional communities are given equal representation
on the Department of Defense Corrections Council that, among
other things, considers correctional and parole policies, and
reviews issues arising out of the administration and use of cor-
rectional facilities. An illustration of this cooperation was the
Corrections Council working group of service parole board
members and facility administrators, who collaborated on the
implementation of the recently established mandatory supervi-
sion program. The program authorized the boards to place
inmates who are not paroled but released due to good conduct
abatement on mandatory supervision, as if on parole. As the
parole boards constructed their mandatory supervision poli-
cies, the facility administrators played a crucial role in advising
how best to incorporate facility resources to select the most
suitable candidates for supervision.

The cooperation continues as the services use each other’s
confinement facilities. For example, USDB, an Army facility, is
the maximum-security facility for all long-term male military
inmates, and the Naval Consolidated Brig Miramar in San Diego
houses all female military inmates regardless of sentence
length. Despite the cross-service use of confinement facilities,
each military service retains parole authority over its own mili-
tary members. As a result, the parole boards are partners with
By James D. Johnston
CT F
EATURE
Page 2
correctional staff at all facilities that confine their members,
even if they are operated by other services.
The service boards and confinement facilities work togeth-
er to transform inmates into responsible citizens. Inmates’
progression from the first days of incarceration through
parole supervision illustrates this partnership.

The Parole Process

Each facility commander is ultimately responsible for all
aspects of the correctional facility’s administration. While the
most important responsibility is the security of the facility and
inmates, the commanders also recognize that a facility’s major
goal is the successful re-entry of each inmate. Therefore, each
facility designs treatment programs to reduce recidivism and
tries to have inmates complete treatment before they are
parole eligible. To be eligible for parole consideration, an
inmate usually must have a sentence of a year or more of con-
finement. Generally, an inmate is parole eligible after six
months or one-third of the confinement sentence, whichever is
later. In any event, most inmates with a sentence of 30 years or
longer are eligible for parole after 10 years. Only inmates sen-
tenced to death or life without parole are ineligible for parole.
Shortly after an inmate arrives at a confinement facility,
counselors interview the inmate and evaluate the inmate’s
treatment needs and, within the resources of the facility, offer
appropriately timed rehabilitation programs to the inmate.
Similarly, counselors begin working with inmates within a few
weeks of their arrival at a facility to prepare comprehensive,
effective and realistic parole (or mandatory supervision)
plans. Parole release plans must include written offers of resi-
dence and either employment or employment assistance or
acceptance at school. Inmates identified for mandatory super-
vision must prepare similar release plans or potentially lose
their good conduct time abatement and remain confined
Most inmates confined for more than a year are housed in
facilities with superior rehabilitation programs provided by
clinical psychologists, licensed social workers and other treat-
ment providers. Inmates in USDB and the Naval Brigs at
Charleston, S.C., and Miramar, for example, are offered a wide
variety of services, such as education and rehabilitation pro-
grams, as well as intensive, crime-specific, cognitive-behav-
ioral modification programs to address substance abuse,
violence and sex offenses. These programs last from weeks or
months to years, depending on the nature of the crime and
inmate.

When an inmate becomes parole eligible, the facility super-
visors, counselors, treatment providers and commanders
make recommendations on the appropriateness of parole.
Since the facility staff have a vested interest in an inmate’s suc-
cess, if paroled, they suggest appropriate parole conditions designed for each inmate.

To address each board’s inability to meet with inmates, each facility has a disposition board, which acts as the clemency and parole boards’ “eyes and ears.”

Page 3

When the board reviews an inmate for parole, its guiding
principle is determining whether granting parole will ultimately
protect society. The board members realize that most inmates
will eventually return to a civilian community. Therefore, the
board considers whether the inmate is ready to be a responsi-
ble citizen under re-entry/community supervision. In other
words, the members ask themselves whether a particular
inmate is ready to be a responsible citizen, whether parole
supervision will assist the inmate’s transition into civilian life
and what conditions of parole will further the success of that
transition. The boards do not use parole to manage confine-
ment facility population.

Finally, if an inmate is paroled, the facility informs the U.S.
Probation Office where the parolee will reside, and provides
the designated U.S. probation officer the parole plan, condi-
tions of parole and relevant portions of the confinement
records. In such cases, facility staff act as the agents of the
boards, answering the probation officers’ routine questions
concerning an inmate’s parole plan and conditions of parole,
which usually include community-based treatment programs
begun during confinement. Significant issues, such as a proba-
tion officer’s request for modified or new conditions of parole,
are referred to the appropriate service board for decision. Fre-
quently, conditions of parole are discussed among the board
members, facility treatment providers and counselors, and the
probation officer, tapping into the expertise of each to create a
plan that will enhance the parolee’s chances of a successful
transition.

Case File Reviews

The boards also have developed decision-making processes
to accommodate the far-flung dispersal of the confinement facil-
ities, victims and other interested third parties, and the proba-
tion officers. The process recognizes that inmates are confined
in facilities throughout the United States and in locations from
Europe to Asia. Therefore, it is impractical for board members
to meet the inmates personally, so the boards conduct case file
reviews.

To address each board’s inability to meet with inmates,
each facility has a disposition board, which acts as the clemen-
cy and parole boards’ “eyes and ears.” These boards include
facility staff members. Their independent report evaluating an
inmate’s remorse, maturity and re-entry preparation is invalu-
able to the service boards.

In addition to the disposition board’s recommendation, case
files contain much of what might be in a civilian parole board’s
file: information about the offenses, recommendations from
various correctional facility departments (mental health, reha-
bilitation treatment, housing and work supervisors, retraining
and parole advisers), written input from victims and witnesses,
and the inmate’s own submission of a parole plan and a wide
variety of recommendations from confinement staff members,
family and acquaintances who explain the inmate’s suitability
for community supervision.

Again, because the inmates are spread throughout the Unit-
ed States and foreign countries, the military boards decentral-
ized one part of the administration of an inmate’s parole
consideration. Due to the intimacy with the correctional facility
personnel, the boards confidently rely on the facilities to send
an inmate case file to the appropriate board at the right time.
Remarkably, despite the physical and bureaucratic distance
between the facilities and each board, the cases are rarely con-
sidered later than the regulatory standard.

When a case file arrives in Washington, D.C., the appropriate
service board matches it with any correspondence received
directly from third parties such as victims, witnesses, family
and friends of the inmate, and members of the public. All third-
party correspondence is particularly important to the service
boards because the board members are unfamiliar with the
communities into which an offender will be paroled. The quan-
tity and persuasiveness of adverse comment, especially in a
notorious case, signal potential hurdles for a parolee to work
and live successfully in a particular community. Victims’ corre-
spondence also regularly generates special parole conditions
to protect victims and their families. On the other hand, an
inmate’s request for parole can be greatly strengthened by
third-party submissions that illustrate pervasive family and
community support for a parolee’s successful re-entry.
Because third-party information is very important, the three
service boards also have attempted to accommodate third par-
ties, keeping in mind that most crimes occurred vast distances
from Washington, D.C., and that interested parties, especially
victims, may be located all over the world. To address this
issue, the confinement facility liaison for the Department of
Defense Victim/Witness Program first notifies interested parties
of upcoming clemency and parole hearings, noting that they
may provide comments to the board. (They will also be notified
of the board’s decision.) In addition, all three service boards
allow written submissions by third parties.

When deciding whether to allow third parties to make per-
sonal appearances before their board, the services arrived at
different conclusions. The Army and the Naval boards, in an
effort to maximize third-party access to the board, allow per-
sonal appearances by the victims, witnesses and the inmate’s
family and friends. In contrast, the Air Force board concluded
that only third parties with the financial means or who live in
the Mid-Atlantic area have a reasonable opportunity to make
personal appearances before the board. Therefore, in order to
put all interested parties on equal footing, the Air Force board’s
proceedings are not open to the public, and the board does not
permit personal appearances. However, it does permit audio
and video submissions.
Military Inmates on Parole
Of course, if an inmate is paroled, the personal characteris-
tics of a typical military inmate significantly contributes to the
success of the treatment programs, counseling, re-entry plans,
parole supervision and, ultimately, his or her successful return
to society as a responsible citizen. Although there are excep-
tions, most military inmates are literate, have at least a high
school education and good job skills, are disciplined in their
work habits and do not have long criminal histories. All these
factors, combined with rehabilitation programs and parole
supervision, contribute to a low recidivism rate. (Although
recidivism is an ambiguous term due to varying definitions, at
any one time the services have about 350 inmates on parole.
During a year, the services parole about 175 inmates and con-
duct about 25 parole violation hearings. Some of the hearings
conclude that a parole violation did not occur. Of those con-
cluding that violations did occur, many are technical violations
not resulting in the inmates’ return to confinement, but only

Page 4

loss of “street time” and continued parole.)
Yet, like their civilian counterparts, some military parolees
violate their conditions of parole. The services’ parole boards
most often respond to parole violations with a number of tools
other than reincarceration. Rather than returning a parolee to
confinement, the boards usually reorient a parolee’s behavior
with warning letters, modified conditions of parole or the
extension of parole supervision by discounting part of time
served under parole supervision toward the serving of the sen-
tence. In the military parole system, this last sanction, the loss
of street time, involves significant due process: a parole revoca-
tion hearing to determine whether a violation of parole
occurred; whether parole should be revoked; whether the
parolee should lose some or all of his or her street time, and
whether the parolee should be immediately reparoled or
returned to confinement. The option of losing street time and
the immediate reparole allows the parole board to extend the
period of parole supervision and the conditions of parole bene-
fiting the inmate and society, for example an ongoing communi-
ty-based drug abuse rehabilitation.
The logistics of conducting a parole violation hearing with-
out bringing the parolee back to confinement is often daunting.
It entails having a system to conduct a parole violation hearing
anywhere in the country, so the service board minimizes the
disruption reincarceration would have on the parolee’s re-entry
progress. This allows a parolee to continue working, support-
ing his or her dependants, participating in community-based
rehabilitation, etc. Therefore, parole violation hearings are nor-
mally held at or near the place of the parolee’s residence,
instead of Washington, D.C.
In other words, parole violation hearings may be conducted
anywhere in the country, a far more vast area compared with
an individual state parole board. As a result, each board
appoints and sends a board staff member or another person
the board believes has the requisite judicial temperament and
knowledge about parole. Such “local” parole violation hearings
stretch the resources of the individual service boards, which
have relatively small administrative staffs — from two for the
Air Force board to six or more in the other services.
Nonetheless, sometimes it is necessary to return a parolee
to confinement to protect the community. In such situations,
the boards’ extensive prior collaboration with the confinement
personnel simplifies the logistics of conducting a parole viola-
tion hearing. The service board appoints an appropriate facility
staff member to conduct the hearing and asks a member of the
facility legal staff to act as defense counsel.

Hopefully, this brief description of the military parole sys-
tem has provided a better understanding of the service boards’
administration of a worldwide parole system to address the
worldwide deployment of armed forces personnel. The board
members recognize that they are located great distances from
the key elements (the inmates, facilities, victims and other third
parties) of good parole decisions and the inmates’ successful
re-entry into society as responsible citizens. Nonetheless, the
process has achieved success through the collaboration
between the service clemency and parole boards and the vari-
ous service confinement facilities. The military corrections and
parole communities have maintained collaboration by being
jointly committed to the motto, “Our Mission, Your Future.”
James D. Johnston is chair/executive secretary for the Air Force
Clemency and Parole Board.
</html
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Old 01-10-2006, 11:49 PM
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Just being there makes a difference in all official military matters. Showing that your son is not just a SSN or Rank or a crime. Despite becoming a more "gentler, kinder military force", we (members of the military) often overlook the fact that service members are HUMAN. Decisions are usually based upon countless documents and finialized with the appearance of the servicemember for a ruling. Dont let these senior officers forget your child is still someone's family. Showing your face sometimes reminds us that the decision made will affect more than just the uniform in front of us.

I've never attended a parole hearing, but have attended several disability rating hearings on the behalf of injured servicemembers in D.C. I can only imagine they would be quite similar. A review of the facts, a review of the regulations, a review of the recommendations.

I would encourage you to have a prepared typed statement to submit on your son's behalf (along with several copies, notorized). If by chance you are asked to speak on his behalf, you will have your statement readily available to help focus on the points you want to drive home. If you are not invited to speak, you may always ask for it to be submitted as evidence in recommendations.

If your son is Army, then you can review (Army Regulation) AR 15-130 Army Clemency and Parole Board. You should be able to access it at (USAPA) Army Publishing Directorate under the "search pubs" link. This site is at

http://www.usapa.army.mil/usapa_home.asp

If he isnt Army, reviewing this reg might give you insite.

Best of luck to you and God's speed.
~Susan

Last edited by buglerwife; 01-10-2006 at 11:51 PM..
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Old 01-12-2006, 01:51 PM
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Discoball and buglerwife,
Thanks for your reply, a lot of much needed information and comformation of some things I have concidered myself. If you have any other information that you think may be helpful please post it or pm me.
Thanks tons!
Lisa
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Old 01-27-2006, 08:45 PM
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Arrow So, that was the hearing?

Well my husband and I went to D.C. this week and it was not really what I expected. They reviewed our sons parole package without us in the room and then asked us to come in to make our statement or give any other information that we may think is nessesary. I handed them the statement that I was going to read as I figured it would save me the added stress and tears, they read it. My husband said a few words and then I gave them some new info that our son wanted them to know (re: acceptance to a univercity). They told us in advance that if they had any questions they would ask them at that time and when the time came they said they had no questions for us. Told us to have a safe trip home and that our Son would have his answer in 7 to 10 days. I guess I was expecting something else, maybe to hear what was in his package, you see the board at the brig turned him down but the C.O. and the Psyc. Dr. were not happy with the boards dicision, they approved him for his parole and sent the package on to D.C. . I guess I was thinking they would have some questions to ask about the things that the board based there decision on (his budgett, The job he chose to accept (it was not as high in pay $470.00 per. week but union job, school, benifits, pension a trade you can use for a lifetime.)
Any way just have to wait and pray, please pray with us.
Thank You,
Lisa
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Old 01-29-2006, 11:31 AM
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I'm praying for you and your family and your son! Good luck with everything and keep us informed. My fiance is at Ft. Sill RCF and goes to the parole board there in April. They told us that once he is granted parole there, that they then send it out to be approved somewhere in VA. So we are putting the finishing touches on the parole packet. Again, good luck!
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Old 02-01-2006, 01:47 AM
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Thumbs up thank you!!!

mombert,

thanks so much for posting your experience. i know that i, for one, am now helped a whole bunch by this. i'll also be going to my fiancé's hearing in DC in august. they actually told you the answer would be in 7 - 10 days? when is his parole eligibility date and will the answer be given before that date or has it already passed? i'm under the impression that they are supposed to make the decision on parole or at least have the hearing before the eligibility date ...

again, thanks for preparing me, because i guess i was thinking it would be a lot bigger deal than yours seemed to be.

peace and God bless,
krista
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Old 02-02-2006, 03:36 PM
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Default As far as I know

The parole eligability date was back in October as far as I know. They had him start to get his parole package together in the late summer and told him his hearing at the brig would be sometime within the first two weeks of October. We waited a month after that and although I did not want to, I called the Brig the second week of November, he recived word the next week that the hearing would be the Week of Thanksgiving. Another Marine involved in the same case with a 3 yr. PTA was aproved back in the mid summer and did not get released until mid Nov. (problems processing the paperwork is what they said). Yet another Marine also involved in the same case was aproved in late September ( I belive it was then but, maybe it was early October ) He was released just before Christmas. I guess what I'm trying to say is that reguardless of the rules, It happens when it happens and as far as nudging them, My son says that it just causes problems for the him.
Still no answer, I will post it as soon as we get one.
Thanks for all the Prayers.
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Old 02-04-2006, 10:11 AM
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Mom,
Hope you're hanging in there. I know I check every day to see the "outcome post", and still praying it will be all good news. Left, right, breathe....Just wanted to leave a note to remind you we're all still thinking of you and your family.
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Old 02-06-2006, 01:48 PM
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thanks for sharing your experience it does give more info than the authorities ever want to give. saying a prayer for your son to get his parole approved, it gives everyone hope.
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Old 02-07-2006, 03:02 PM
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Default No Parole For Our Boy

I GUESS THEY SAID NO! THE REASON BEING THAT HE HAS NOT SERVED HIS MINIMUM OF 34 MONTHS. I DON'T UNDERSTAND WHY HE COULD BE UP FOR PAROLE BEFORE THE 34 MONTHS AND BE DENIED FOR JUST THAT REASON?
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Old 02-08-2006, 08:34 AM
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Oh my ........jaw dropping.........Im so sorry. Oh I cant believe that. OK, well, if thats the best excuse they can come up with then lets look for the positive. When is his 34 months up? I can only imagine what you are feeling after all the time and effort and hope, not to mention attending. Hang in there girlie. Remember to keep all documents, and when he goes up again after his 34, make sure to submit the reasoning for denial this time, then they wont have to much to rebut their own decision with. Tell him to walk between the lines and hang in there.
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Old 02-08-2006, 12:26 PM
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Default we will survive!

oh, mom! i'm so sorry! i am betting they use that reason a lot for not granting parole. but like bugler says, hang in there! be smart and know that when the 34 months are up, and your son has no disciplinary write-ups (make sure he doesn't get any!!), there should be no reason for them not to give parole.

until then, the countdown begins! chin up, 'cause we're all with you.

thank you again for sharing everything!
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Old 02-09-2006, 08:09 PM
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Mom, I'm sorry the ruling wasn't in your son's favor. The boards use so many variables in deciding that it's hard to say why they wouldn't grant the relief. My son's appellate attorney explained the "parole review" process to me the other day. According to her, the review in the military is for clemency, not actual parole. Clemency review is done every year to determine whether some portion of the sentence will be reduced. An actual parole hearing to determine release eligibility occurs when that time comes, and annually thereafter. This is my understanding of what she told me. I wanted to know if the right to annual review is retained on transfer to a federal facility after exhaustion of appeals. Evidently they do, but I'm not sure if there is a parole hearing or a clemency review, which the federal system does not have. I'll find an answer.
In the meantime, keep on keeping on, hon. I'm sure this road we're on will have quite a few speedbumps, but we'll make it. Hang in there and keep in touch!

~Lisa.
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The information provided is not legal advice and you may not rely on it as such. It is strongly advised if you have need of legal assistance to consult an attorney.
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Old 02-09-2006, 08:48 PM
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Default Thanks so much to all of you!

To all of you that have posted your kind words of support and encouragment I hope you know how much it means to me. I have been completley open with anyone who asks or cares to listen and I know as much as they try to understand what I am feeling, they can't truley know unless they have been there. Thanks so much and I will be here for you just as you have for me.
lisa
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  #17  
Old 02-11-2006, 07:09 PM
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discoball discoball is offline
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im really sorry to hear that your family received a negative response for parole. i do know what it is like to put your hopes out there and have them dashed, im sure many can describe their own situations and that pain, its just horrible. i hope your all are doing ok right now.

i dont know why all that happened to you guys, i only hope his 34 months come quickly and safely.
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Old 02-11-2006, 07:10 PM
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or what is left of them so that he can get parole (is what i meant to say)
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