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Violent offenders getting parole without police assessment

Cervio Cox has been released on parole despite the Parole Board getting no input from the police.

Violent offenders are being granted early release from prison by the Parole Board without any police assessment of their “criminal threat to the community”.The latest convict to leave jail after serving the minimum time possible is Cervio Cox, who was jailed for seven years last May for being an accomplice to a triple gang shooting.The 28-year-old, like most prisoners, was eligible to apply for release after serving just a third of his jail term.He had been remanded in custody since soon after the May 2009 attack on Court Street and all of the time he spent locked up would have been taken into account.Cox, who was convicted by a Supreme Court jury of three counts of wounding with intent to cause grievous bodily harm, is understood to have left Westgate this week. The conditions of his parole, if any, are not known.The Parole Board granted him early release based on reports from the Departments of Corrections and Court Services but without any input from Bermuda Police Service.Commissioner of Police Michael DeSilva told The Royal Gazette yesterday: “The Bermuda Police Service has not been asked for information prior to the early release of anyone from the correctional facilities.“Whether or not this should be done is a matter for the Parole Board and the Ministry of Justice to consider. Certainly, if we were asked to comment in advance, especially where the person is an identified prolific priority offender, we would provide an assessment of the person’s criminal threat to the community.“We would also consider the impact on our operations in terms of how much effort is needed to monitor the person while on parole.”National Security Minister Wayne Perinchief announced on Friday that police and Court Services would be working together “to mitigate the risk that an inmate granted parole will reoffend” and would use elements of a Boston-based programme called Operation Night Light.Mr DeSilva said yesterday: “Operation Night Light ... consumes officers’ time to ensure that prolific offenders are not breaching their curfews. This is one of the issues that should be considered before someone is released early.”William Francis, legal advisor to the Parole Board, said there “probably should be” communication between the Board and the police before offenders are released.“We go only on what we are told by the Prisons Department and Court Services Department and they are the two main areas of our information. Police can get in there if they want to.”Asked whether police were notified when prisoners were coming up for parole so they could provide information, Mr Francis said that was a matter for the Department of Corrections.“I think the person you should be talking to would be the Commissioner of Prisons or any of them. They have information quite a while in advance before the persons come before us so maybe you could ask them what they could do.”Mr Francis noted that prisoners released after serving a third of their sentence remained on parole and under supervision in the community for the duration of their sentence.Offenders released after serving two-thirds of their jail term, he added, were let back into society unsupervised.“Very often it’s much better to have him [a prisoner] under supervision so he can be subject to curfew and all those kinds of supervisory things,” said Mr Francis. “He’s going to go out sometime anyway. This is the way we look at it quite often.”Commissioner of Corrections Edward Lamb said: “The granting of parole is a matter entirely within the remit of the Parole Board. The Parole Board has the benefit of a number of informative reports at its disposal, all of which aid the Board in its deliberations.“Whether or not the Police are invited to offer input into the parole process is a matter for the Parole Board.“In any event, the process is a very rigorous one and I am certain that the Parole Board exercises due diligence in considering the merits, or lack thereof, of each applicant for parole.”This newspaper revealed in October that alleged Parkside leaders Jahkiel Samuels and Prince Edness were granted early release from prison without the Parole Board being told of their gang ties.Mr DeSilva said at the time: “The parole process does not involve the police. The Bermuda Police Service is certainly willing to assist and make a meaningful contribution to the process if we are asked to participate.”Cox, of Clarendon Road, Smith’s, was never alleged to have pulled the trigger on May 23, 2009, when 16-year-old Jdun Thompson and C&R Discount Store workers Raymond Burgess Sr and Jr were shot.His car was used in the attack, which left all three victims with non-fatal flesh wounds, but he denied knowing it would be used as a getaway vehicle.Gang expert Sergeant Alex Rollin told Cox’s trial that the defendant frequented St Monica’s Road, the heart of 42 gang territory. He said he never saw him with any tattoo or jewellery signifying gang membership.Detective Constable Windol Thorpe said he seized various belongings from Cox’s apartment in Clarendon Road, including a gold chain and pendant with something like “CC 42” on it.Prosecutor Robert Welling alleged that Cox was a follower and was loyal to 42, a claim strenuously denied by the defence.Before he was sentenced on May 27 last year, Cox said: “Sometimes you just have to accept responsibility, and I just want to say that for the fellows out there on the streets who are involved in certain activities, just put the guns down because it makes no sense and brings a lot of heartache for the families and for children.”Cox’s lawyer Elizabeth Christopher declined to comment yesterday. The Ministry of Justice did not provide a comment by press time and Parole Board chairman David Burch could not be reached.