Kosmin v. New Jersey State Parole Board
New Jersey Superior Court, Appellate Division
830 A.2d 914 (2003)
- Written by Tammy Boggs, JD
Facts
Margaret Kosmin (defendant) was in a relationship with William Kelly during her teenage years and then again in her thirties. Kelly was father to Kosmin’s daughter. During the relationship, Kosmin was severely abused by Kelly, physically, psychologically, and sexually. At one point, Kosmin and her friend Tammy Molewicz killed Kelly by shooting him. The women also attempted to conceal their actions by burning the car used to transport Kelly’s body. The exact shooter was never established, and Kosmin was under the influence of drugs and alcohol. It was undisputed that Kosmin killed Kelly because she believed that it was the only way to free herself and her daughter from a life of constant terror. The state charged Kosmin with several crimes relating to Kelly’s homicide, she pleaded guilty to aggravated manslaughter in 1994, and she was sentenced to prison. In late 2001, Kosmin became eligible for parole. Kosmin had been a model prisoner: she completed a wide variety of programs, complied with rules, and received counseling and drug and alcohol treatment. Kosmin had no prior criminal history, and she had family support in the community if released. A 2002 psychological evaluation supported Kosmin’s release on parole. Kosmin was noted to be insightful, remorseful, free of any psychiatric disorders, aware of what triggered the crimes and her need for continued treatment, and at low risk for reoffending. The parole board (plaintiff) denied parole based on Kosmin’s having committed multiple crimes and failing to admit to being the shooter. Kosmin appealed.
Rule of Law
Issue
Holding and Reasoning (Pressler, J.)
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