Free Motion for Summary Judgment - District Court of Connecticut - Connecticut


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Date: November 19, 2007
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State: Connecticut
Category: District Court of Connecticut
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E Case 3:03-cv—00208-WWE Document 66-16 Filed 11/19/2007 Page 1 of 2
AF FIDAVIT OF JOHN F. ECKERT .
I, John P`. Eckert, upon oath do hereby depose and state as follows:
l. I am the Executive Assistant to the New Hampshire Adult Parole Board
and have been for all times relevant to this matter.
. 2. In New Hampshire, the grant of parole is purely discretionary. The
New Hampshire Supreme Court has indicated that “in the absence of some provision
I grounded in state law mandating a prisoner’s release upon proof of certain
ascertainable facts, there is no right to parole." Baker v. Cunningham, 128 N.H. 374,
380 (1986). In Mr. Reid’s case, there is no provision grounded in state law mandating
his release nor has the New Hampshire Adult Parole Board granted him parole.
3. In deciding the grant of parole, the New Hampshire Adult Parole Board
considers a variety of factors including but not limited to the nature ofthe underlying
offense, the feelings of the victim, the length of time in custody, the need for gradual
reintegration into the community, and the inmate’s disciplinary history while
incarcerated.
4. With regard to Mr. Reid specifically, the New Hampshire Adult Parole
Board requires him to reside in a prison halfway house having progressed through the
prison’s classification system before being considered for parole. At this time, Mr.
Reid is neither eligible for halfway house placement nor is the New Hampshire Adult
Parole Board empowered to place him in a prison halfway house.
Executed this _ day of , 2004. _

Case 3:03-cv—00208-WWE Document 66-16 Filed 11/19/2007 Page 2 of 2
1onN F. scknnr
THE STATE OF NEW HAMPSHIRE
, ss
On the day of , 20042 before me, the undersigned officer,
appeared JOHN F. ECKERT, known to me to be the person whose name appears
above, and he subscribed his name to the foregoing instrument and swore that the
facts contained in this Afndavit are true to the best of his knowledge and belief.
Notary Public/Justice of the Peace
My Commission expires: (saab
asses