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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default Father in Prison for Killing Son, in Self-Defense

    My question involves criminal law for the state of: New York

    My friends father is in prison(8 years now) for killing his son in self defense. He threatened to kill the family and so he bought a gun a few hours before his son came(also w a gun) and killed him. But because he was feeling so terrible for killing his son he told his lawyer he wanted to plead guilty. He did and was sentenced 15-life. I would like to know if there is a way to ask for early release? His release date is 2017. He has never been arrested for anything other than this. If any, what is the process I and his family could take in asking for this release and any house parole he could do? He is a good man and was only protecting his family but the guilt was too great and wanted to still protect his family the strain of the courts. I would not ask if i thought for a second he did it with malace. I have access to the court documents and even the record room clerk believes he did it to protect his family and himself as does his family and others from the community. Thank you for your help if you have any help.

  2. #2
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Father in Prison for Killing Son(Self Defense)

    did you bring this up at sentencing?

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Father in Prison for Killing Son(Self Defense)

    He would not let anyone speak at the sentencing. He just wanted to plead. It was pretty sad. So we're just wondering if there is any approach that can be taken.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Father in Prison for Killing Son, in Self-Defense

    This is something that would need to be run by a criminal defense lawyer.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Father in Prison for Killing Son(Self Defense)

    It's really tough, fifteen years later, after standing up in court and stating (under oath) facts that support your conviction for homicide, that you were lying at the time and actually had a strong case for self-defense. Absent some compelling new evidence, I can't presently think of a single case where that's worked.

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