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On August 13, 2019, Valerie Gaiter died in the custody of the New York State prison
system of untreated cancer. She was 61 years old and had served nearly 40 years in
prison on a 50-year-to-life sentence. At the time of her death, she had served more time
than any other woman currently incarcerated in New York State.
During her time in prison, Ms. Gaiter worked hard to reckon with and repent for the
irreparable harm she caused as a 21-year-old in Brooklyn in 1979. She earned multiple
college degrees, ran the photography program in the Bedford Hills visiting room, and
trained service dogs for wounded veterans. Despite her efforts to transform herself and
those around her, she was never given a meaningful opportunity for release.
Ms. Gaither would not have been eligible for parole until her 71st birthday, 10 years after
her death. Sentences like hers are commonplace in New York State. There are currently
more than 1,000 people serving life without parole or a virtual life sentence (a minimum
of 50 or more years) who are all but guaranteed to die in prison. In fact, Ms. Gaiter is just
one of at least 675 older people who have died in state custody since January 2011.
We, alongside Ms. Gaiter’s family and loved ones are devastated and outraged by her
passing. We call on you to take action and commit to passing Elder Parole (S.2144) this
legislative session.
Elder parole is a common sense, evidenced-based, and fiscally responsible way to save
lives, reunite families and communities, and reinvest millions of taxpayer dollars into
much needed public resources. The bill affords people in prison aged 55 and older who
have served 15 or more years in prison an opportunity to go before the Parole Board. The
bill does not automatically release people from prison, but instead allows the Board to
determine whether or not an elder applicant is suitable for release. The bill offers hope
and a second chance to those otherwise sentenced to die in prison.
Further, Elder Parole in New York State must include all older people who have already
served decades in prison, regardless of their crime or sentence. Exclusions based solely
on the nature of a person’s crime only promote notions of punishment and revenge, and
offer no benefit to public safety. In fact, they hinder it. Returning elders are mentors and
leaders in our communities and help us build the safe and nurturing world we want.
We the undersigned, who represent the broad and diverse statewide community
advocating for an end to mass incarceration will not support any form of Elder Parole that
offers hope only to some and a death sentence for others. We will not be complicit in the
further loss of life behind bars and we ask you to join us in this effort.
You must make New York a national leader for fairness and justice by passing Elder
Parole in its current Senate form when you return to Albany in January. The lives of
countless people depend on it.
Sincerely,