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Courting Public Opinion

Attempts are being made by government agencies and nonprofit groups to collect public opinion on pending parole bids.

In a crack cocaine-induced paranoid state, Joel Steinberg, an unlicensed New York lawyer, savagely beat two children -- Lisa, a 6-year-old girl, and "stepbrother" Travis, a 1-year-old boy -- of whom he'd assumed guardianship. Eleven hours and several crack vials later, Steinberg's girlfriend, Hedda Nussbaum, called for medical attention. Travis, the little boy, barely survived; Lisa did not.

According to the police report, Steinberg claimed that Lisa's constant staring at him caused the beating, and Nussbaum -- also a victim of Steinberg's violent tendencies -- could not explain why she waited so long to call for an ambulance. The story and the case made headlines for weeks, and the public outrage was enormous.

On Jan. 30, 1989, Steinberg was convicted of first-degree manslaughter for Lisa's death and sentenced to 8-1/3 to 25 years in New York's super-maxi prison in Southport.

SIX YEARS LATER

As Steinberg's first parole board hearing approached in July 1995, Graceann Smigiel, Travis' grandmother, planned to ensure that public outrage over this crime would not subside and that Steinberg would not get out of jail.

After being asked by the New York State Division of Parole to speak at Steinberg's parole hearing, she was later informed that she could not speak because Steinberg's conviction was not directly linked to his assault on Travis. Not to be stopped, Smigiel emphatically stated, "Fine ... I don't have to speak. I'm going to let the people of the state of New York speak for me."

Working toward that end, Smigiel raised public awareness of the case by collecting petition signatures in front of grocery stores and by placing ads in her local newspaper. In five weeks, she received 64,000 signatures from people supporting Steinberg's continued stay in prison. "It was very easy for me to get public support, because the public hated him. The public knew him very well," she said. "I did this for very personal reasons. I also did it for the little girl that I never knew. If it wasn't for her death, I have no idea where my grandchild would be."

Shortly thereafter, Smigiel came to the attention of the New York Attorney General's Office. "They saw this very aggressive woman who was just not going to take it," she said, "and at that time, [Attorney General Dennis Vacco] was looking to open a crime victims advocacy office in the Attorney General's Office, which it never had before. So, the attorney general -- in a very wise decision -- created a crime victims assistance coordinator position and asked me if I would do it, and I did."

Steinberg's first attempt at parole was denied. According to Thomas Grant, assistant to the chair of the New York State Division of Parole, the board generally comes to that decision based on "the nature of the crime, the impact of the crime on the victims, and whether the person -- if granted release -- is a potential threat to the community."

TWO YEARS AFTER THAT

As 1997 drew to a close, Steinberg was up for parole again. Smigiel, in her official capacity as the attorney general's crime victims assistance coordinator, was determined to keep him in jail, and she was going to use the computer this time.

"I learned how to use a computer. I was just figuring out how to use the microwave when the first parole came up. Now I have a computer, and I see what e-mail [can do]. This is a way citizens can express themselves; it's good for them. It gives them not only a feeling [that they're participating] -- it works!"

In December 1997, Smigiel's personal connection to the case resulted in a page on the attorney general's Web site devoted to collecting public opinion on Steinberg's bid for parole. Within days, over 4,000 New Yorkers responded to the page. Additionally, responses arrived from each U.S. state and from Europe and the Middle East.

"The public's outrage over this case should be a signal to all child abusers of our firm resolve to mete out strong punishment for offenses that victimize our children," Vacco said in a press release.

GRASSROOTS EFFORT

Vacco's office might have been inspired by the work of Parole Watch -- created by the victim's rights group, Take Back New York (TBNY).

TBNY began collecting parole public opinion over the Internet after meeting a woman who testified against her best friend's murderer -- Mustafa Omron. The woman, Kathy Rice, was threatened by him in court and feared for her life if he were ever to be released.



As Omron's first parole hearing approached in October 1995, TBNY began a grassroots effort to collect petitions supporting the murderer's continued stay in prison. "For the most part, we did it the old-fashioned way; we went out in the streets and collected signatures protesting his parole," stated Joe Diamond, executive director of TBNY and Parole Watch. "But at the same time, we also put something up on our very 'embryonic' Web site, and we got about a thousand responses via e-mail. That really opened up my eyes. It made me realize how effective the Internet was becoming as a grassroots political tool."

Subsequently, Omron's bid for parole was rejected, and "one of the parole officials told Kathy that the petitioning campaign was a big factor in his rejection," stated Diamond, with a significant chunk of those petitions coming from the Internet.

With the momentum from that success, Parole Watch started to develop. "We are looking to put every violent felon in New York state coming up for parole within the next two years [on the site]," Diamond said. With data from the New York Department of Corrections, Parole Watch is currently developing an Internet-accessible database for tracking these felons. Beyond that, "we want to go to all 50 states," he added, and Georgia and Ohio are currently inquiring about services. "We want to reach out to other states and help them get their stuff online," Diamond said.

When asked how Parole Watch is getting the word out to people, Diamond said he and Parole Watch staff are focused on developing and funding the site right now. "We need to do a lot more in terms of linking up with other victims groups, [and] we need to do a lot more in terms of getting into the search engines. We haven't spent as much time on outreach as we need to; that will come next." However, Parole Watch does have some major media plans. "We're in talks with several TV companies about producing a weekly TV series that ties in with the Web site, sort of along the lines of America's Most Wanted," Diamond said.

Along with the media attention, Parole Watch also has a few influential supporters. Among them is Marc Klaas, a leader in the anticrime movement and a member of Parole Watch's advisory board. "What I told Joe [Diamond] when he started the program was that I thought his goals were right in line with many of my goals, and that I would be more than happy to act as an adviser." Klaas, whose daughter was brutally murdered in California by parolee Richard Allen Davis in October 1993, is particularly supportive of Parole Watch's efforts to use the Internet. "Any mechanism that will give people more access to government, more of an ability to make their voices heard, and has an impact on decisions that are made in government, I think is wonderful, and I'm all for it," Klaas said.

Diamond is very pleased with Attorney
General Vacco's efforts with the Steinberg case. "It was very encouraging for us that he got involved with it. We like the fact that he's using the Internet in this way, because it is certainly what we've been advocating."

THE MILLION DOLLAR QUESTION

Prior to Steinberg's hearing, Vacco stated in a letter to the New York State Division of Parole that "writers were nearly unanimous and unequivocal in their conclusion that Joel Steinberg should not be released on parole. Not a single writer called for his release."

But did collecting public opinion over the Internet really affect the decision handed down by the parole board? Steinberg's second attempt at parole was denied, and though the overall impact was not stated in the parole board's decision notice, Diamond believes it was certainly a factor. "It just reinforced to the parole board that this guy is a menace; he is a detestable figure; and that he has no right getting out early." That sentiment is reinforced by Grant of the state's parole division. "It's another way of providing more information to the board, and the more information the board can receive, the better."

Citizen comments on Steinberg's second parole attempt are available online.

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