Kindt, Edward 01a4001 02.15.2023 - Redacted

1
KINDT, EDWARD DIN# 01A4001 NYSID#
1 NYS DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
2 *****************************************************
3 Parole Board Interview
4 In the Matter of
5 EDWARD KINDT
6 DIN#: 01A4001
7 NYSID#:
8 *****************************************************
9 TYPE OF INTERVIEW: Reappearance Interview
10 LOCATION: ELMIRA CORRECTIONAL FACILITY

(Via Videoconference @ NYS DOCCS)
11 333 East Washington Street
Syracuse, New York
12
DATE: February 15, 2023
13 DECISION DATE: February 21, 2023
AMENDED DATE:
14
BEFORE: COMMISSIONER CRANGLE
15 COMMISSIONER DEMOSTHENES
COMMISSIONER MITCHELL
16
17 AT FACILITY: SORC COLLINS

PA RITTON
18
19
HEARING REPORTER: Diana M. Russell
20
21
22
23
24
25
Durr Court Reporting

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1 BY COMMISSIONER DEMOSTHENES:
2 Q. Good afternoon, Sir.
3 A. Good afternoon, Miss.
4 Q. State your name, please.
5 A. Edward Kindt.
6 Q. Mr. Kindt, I'm Commissioner Demosthenes; and joining me
7 today are Commissioner Crangle.
8 COMMISSIONER CRANGLE: Hi.
9 COMMISSIONER DEMOSTHENES: And Commissioner
10 Mitchell.
11 COMMISSIONER MITCHELL: Good afternoon.
13 Q. Okay. Mr. Kindt, this is a reappearance for you,
14 correct?
15 A. Yes.
16 Q. I believe --
17 A. This is my 10th appearance.
18 Q. I believe you were held approximately 18 months the last
19 time, correct?
20 A. Yes, ma'am.
21 Q. Okay. And you are presently serving 9 to life for JO
22 murder 2nd, and that was by plea in Cattaraugus County.
23 A. Yes, ma'am.
24 Q. Okay. Sir, in terms of the instant offense, it is as
25 follows: May 9, 1999, you intentionally caused the death

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1 of a female victim by means of strangulation,
2 The instant offense occurred in a secluded wooded
3 area and the victim was jogging with her two dogs. You
4 forced the victim into the woods and the use of violent
5 physical force where you proceeded to forcibly rape her.
6 The victim was then permitted to dress and then the two
7 of you walked a short distance before she was again
8 forced into the woods and then strangled.
9 What do you have to say about the instant offense,
10 sir?
11 Walk us through your day from that morning on, prior
12 to walking towards that wooded area?
13 A. I was walking that day. I was walking on an old railroad
14 track, and then walking down this railroad track, this
15 lady, came running, jogging behind me, and I
16 reached out and grabbed her buttocks, and she turned
17 around and screamed, and I got scared. Like, you know, I
18 covered her mouth really fast, you know, I remember, and
19 she said I can't breathe so I -- you know, I let her go
20 and we were standing on the path for a minute, and she --
21 I remember she was like, well, what do you want, you
22 know, and I remember like my mind racing, because I was
23 just like in, like, a cloud kind of -- and I just got
24 like, I guess you could say scared at that moment.
25 Q. Let me stop you for a moment.

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1 Do you normally accost women or people down the
2 street and then touch their buttocks?
3 A. No.
4 Q. So why did you do that?
5 A. That day, I was just angry about everything, you know,
6 and I --
7 Q. What were you angry about?
8 A. I was angry, I guess, you know. I had a lot of rage and
9 anger inside of me dealing with life growing up, and it
10 exploded on this day, and it cost this woman, you know,
11 life, and you know, it's terrible.
12 Q. You were angry at your lot in life, and you exploded,
13 your words?
14 A. Yes.
15 Q. And were you under the influence of any controlled
16 substances or were you drinking that day?
17 A. No, I wasn't drinking that day.
18
19 .
20 Q.
21 A.
22 Q. ?
23 A. .
24 Q. ?
25 A.

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2 .
3 Q.
4 A.
5 Q.
6 ?
7 A. .
8 Q. ?
9 A.
10 Q. Okay.
11
12 Is that all in
13 terms of your history?
14 A. Yes.
15 Q. Okay. So you were angry at your lot in life, and you
16 exploded when you saw jogging by. You grabbed
17 her buttocks and she tried to scream. You put your hand
18 around her mouth?
19 A. Yes.
20 Q. Okay.
21 A. And I told her that, you know -- that I escorted her off
22 the path a little bit.
23 Q. You escorted her. Did she go willingly?
24 A. Yes, she walked with me. I didn't -- I was not holding
25 her or nothing. I just said, come with me over here, you

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1 know, so no one would see, and we went over there. And I
2 remember she was asking me, you know, what I want and
3 what is going on, and I told her, you know, I just wanted
4 -- I told her I wanted to have sex, and she was like,
5 well, first, she was just standing there, not saying
6 nothing, and then we was like in a thing, and she --
7 first, she was like, tell me about -- let me go over to
8 the store over here, you know, I can get a condom, and I
9 was like, no, no, I don't want to, we don't need that or
10 whatever. And she was telling me, you know -- she told
11 me, you don't want to have sex with me, I
12 remember her saying, and I told her she was lying, and I
13 didn't, you know -- I really don't -- the whole -- I
14 guess once she seen she couldn't get rid of me, I knew in
15 her mind she was like, let me just get this over with me
16 as fast as, you know, possible.
17 Q. Okay. I will stop you for a minute. She willingly
18 walked with you?
19 A. Down and off the trail.
20 Q. Were you carrying any sort of weapon? You know, anything
21 -- were you carrying any weapons whatsoever, a stick?
22 A. I had a pocketknife in my pocket, but I never --
23 Q. You never displayed the pocketknife?
24 A. I never took it out. I never displayed it.
25 Q. Does it make sense to you that someone, you know -- you

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1 went up to a grown woman, and for that person to
2 willingly walk with you, without being dragged, you know,
3 try to jog your memory, because I kept reading the same
4 thing. You say the same thing over and over again. She
5 willingly walked with you into the woods, per se?
6 A. She was trying to understand what I want.
7 Q. She is trying to process what is going on, okay?
8 A. So, yes, she is talking with me, and you know, here I am,
9 I am just a 15-year-old kid who is little, that probably
10 looks like he is 11 or 12 years old, and she probably was
11 like, what is this little kid, you know, this kid, you
12 know.
13 Q. Well, she was definitely in fear for her life, not
14 knowing what was going to happen, even though you were a
15 young man. You were, what, 15, correct?
16 A. Yes, I was 15.
17 Q. She was probably scared, trying to figure out what I need
18 to do in order for me to go home, broken, but go home, if
19 you will?
20 A. That is what I stated. At this point, I can't deter this
21 kid, you know. I can see he is probably determined, you
22 know, to have sex with me.
23 Q. Did you grab her at any time? Did you -- was there any
24 little prodding here or pulling, moving her along?
25 A. When I got nervous on the trail, I can remember, you

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1 know, I had her arm and I was like, let's go off over
2 here, and you know, we went off, and you knew. I didn't
3 -- I just know I didn't hold on to her all the time, but
4 you know, I just remember grabbing her, and you know,
5 let's go over here so no one, you know, will come down
6 the trail, you know, and that was it.
7 Q. Okay. Please, proceed.
8 A. Once she seen that couldn't deter me, that I was
9 determined, she just wanted to get it over with as fast
10 and as quick as possible, and I can imagine I probably
11 looked crazy to this lady, you know. To her, even though
12 I'm young, you know, she probably -- I still probably
13 looked crazy to this lady, plus I'm not in my right state
14 of mind at that age, you know. I was -- you know, I was
15 -- once she couldn't -- I know that once she tried to let
16 me let her go to get condoms, and you know, I was like,
17 no, and you know, , and you know, I
18 -- you know, she seen it didn't matter, you know.
19 Q. Well, some young man, around that time, you know, she is
20 trying to figure out what you are all about, you know, if
21 that is a way for her to go pick up the condoms
22 you know. A normal 15 year old would be like,
23 this is not worth it, you know, let me just move on,
24 okay. But you never snapped out of it, did you?
25 A. I didn't. You know, to me, I was just like, no, this

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1 lady is lying, you know, .
2 Q. Your intent was to rape her, period?
3 A. My intent was to have sex.
4 Q. Well --
5 A. Not consensual sex. My intent was to sexually assault
6 this lady, you know. That was my intent, and you know, I
7 had sexually assaulted this lady.
8 Q. Well, she was raped, let's be honest here. You started
9 that part, the sexual part, you talked about it. So what
10 have you -- by the time that you know you are doing the
11 deed, you know it's rape?
12 A. Yes.
13 Q. Okay; all right. Was she screaming; did she say
14 anything?
15 A. No. She was just actually trying to, you know, get it
16 over with as fast as possible.
17 Q. And you finished?
18 A. Get me to finish as fast as possible, you know.
19 Q. Did you?
20 A. No. I think it took longer than she probably -- than we
21 both anticipated. So it wasn't like 5 minutes, it
22 wasn't. I know it wasn't 5 minutes. It was in my
23 excitement or in my scaredness of, you know, doing this.
24 It didn't happen fast, you know, so...
25 Q. How long would you say it lasted? You said not 5

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1 minutes, so 10 minutes, 15 minutes?
2 A. Maybe 15 or 20 minutes.
3 Q. Okay. And you had sex before, correct? You had sex in
4 the past, prior to -- past, prior to the instant offense,
5 you had sex in the past.
7 A.
8 .
9 Q.
10 A.
11 Q.
12 ?
13 A. .
14 Q. Okay. And just to -- I'm going to take a little detour
15 for a minute here.
16
17 A.
18
19 .
20 Q.
21 ?
22 A. .
23 Q. ?
24 A.
25 Q. ?

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1 A.
2 Q. ?
3 A. .
4 Q.
5 ?
6 A.
7 .
8 Q. Okay.
9 A. It was just --
10 Q.
11
12 ?
13 A. .
14 Q. ?
15 A. --
16 Q. ?
17 A. .
18 Q.
19 ?
20 A.
21 Q. None at all?
22 A. No, none, ma'am.
23 Q. Okay.
24 ?
25 A.

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1 Q. ?
2 A. .
3 Q. Okay; all right. Going back to being out in the woods.
4 So it took a while. The tactics didn't work. So
5 she felt - this is my mind, the way I would see it - I
6 need to go home to my family, you know?
7 A. Yes. And once we were on the trail, we were standing
8 there for a minute and she was asking me what did -- what
9 did I want to do, did I want her to go with me this way,
10 did she want to go that way, or did she want me to go a
11 different way, and just -- it was -- I told her, hold on,
12 I'm trying to think, I'm trying to think, and I remember
13 I thought I heard someone coming down, so I told her,
14 here, come over here for a second, I think someone is
15 coming. And we went back off the trail, and we were
16 standing off the trail, and in my thinking at that time,
17 it was I got to -- I want to get away without this lady
18 knowing where I'm going or anything like that. My
19 thinking, at that time, was how can I pass -- you know,
20 make her unconscious so I could get away.
21 Q. Okay.
22 A. So in doing this, the thing that came to my mind was this
23 game we used to play as a kid, where we would choke
24 ourselves until we were unconscious. So we would like
25 block the air and pass out, and so, I tried that. I

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1 remember trying to block her air so she would pass out
2 and I could just run and get away, but it just -- that
3 didn't work, and then I thought maybe if I had, you know,
4 punched her in the temple -- you know, you see movies,
5 you hit them once or twice, and they pass out. It is not
6 like that, you know. It wasn't like that. I remember
7 that I punched her a couple of times
8 thinking, you know, that will pass her out and make
9 her unconscious and I can go, and that didn't work. So I
10 just think I would rather -- at this time, my adrenaline
11 and everything is sky high, you know, and my mind is
12 racing, and it's not right.
13
14 and my intention was never to, you
15 know, take this lady's life. This was never my
16 intention. My intention was just to, you know,
17 incapacitate her so that I could, you know, get away
18 without, you know, her seeing where I was going, you
19 know. In doing so, it caused this lady to lose her life.
20 Q. Okay.
21 A. You don't know, when you are in a high stress situation
22 and your adrenaline is so high, you know, I just didn't
23 realize the strength, and you know, before you -- before
24 I knew what happened, it was too late, you know. I
25 realized I went too far.

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1 Q. Yes, definitely, Edward.
2 We are going to stop for a second. You were
3 basically punching her correct. You are beating her up,
4 and then you tried to choke her, thinking that she is
5 going to pass out for a few minutes, like the movie, but
6 it is not the movies, it's real life, right; a human
7 being?
8 A. Yes.
9 Q. How about then running away? You never met her, correct?
10 She is a complete stranger to you, you could have just,
11 you know, 15 years old, you could have just run away?
12 A. Yes.
13 Q. So by then, one would assume that the dogs were running
14 around somewhere and she had the leash. She still had
15 the leash?
16 A. Yes, the dogs were running somewhere.
17 Q. You had plenty of time to run away. The woman would have
18 gone home, you know. Who knows if you would have gotten
19 caught, but she probably would still be alive, right?
20 A. Yes. I wish she was still alive. I wish I would have
21 just ran away.
22 Q. That was up to you. So that is no accident. I don't see
23 it as an accident. That is no accident, you know. After
24 punching her and repeatedly punching her, then you pick
25 up the leash, and you know, put it around her neck and

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1 strangled her to death?
2 A. I strangled her to try to incapacitate her. My intention
3 was never to, you know, take her life, but when you are
4 in that, you know, high stress situation, you know,
5 unfortunately, I made a horrible, terrible, costly
6 mistake, and you know, it was -- just a terrible thing
7 that happened.
8 Q. You were trying to incapacitate her, but I see it a
9 little differently if you wanted to get rid of her so she
10 wouldn't be able to identify you.
11 A. That wasn't -- my thing was to get away.
12 Q. And run?
13 A. My thinking at the time was just to get away, so she
14 couldn't see which way I went, and you know, my mind, you
15 know -- you are not thinking correctly. At that time, I
16 wasn't thinking, you know. My mind is clouded, and you
17 know, I had a lot of anger. I had a lot of rage inside
18 of me, and you know, you don't -- your mind ain't working
19 right. And then, ,
20 and you know, at that age, you know, I didn't care
21 whether I lived or died, you know. When I woke up every
22 day, you know, whatever happened today, it happened, you
23 know. That is how I was living back then, you know.
24 Q. Okay. , and how
25 long would you say -- you must have tightened it around

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1 her neck, you know. There is no way of remembering that,
2 right, but it must have been long enough for you to be
3 certain that she was no longer living?
4 A. I just remember -- I remember not looking at her face I
5 just remember looking around and holding it like this,
6 and I remember I looked and there was --
7 Q. Was she moving or --
8 A. Huh?
9 Q. Was she moving? Did she make any movements; was she
10 thrashing around, you know, did she try to speak, was she
11 mumbling?
12 A. She just -- I remember she grabbed my pant leg, you know
13 she -- yes, she was trying, you know. She couldn't
14 speak, she couldn't speak, you know. This lady, you
15 know, like any human being, she is going to fight. She
16 was fighting for her life, you know. She is in a bad
17 situation, and you know, I'm not paying really attention
18 to her. I am just thinking, you know, let me
19 incapacitate her so I could just run away. It happened
20 in seconds. It is just then that happens and it seems
21 like a long time, but it is not, you know -- it happened
22 in seconds.
23 Q. Did the dogs ever return?
24 A. Huh?
25 Q. The dogs, did you see the dogs prior to you leaving? Did

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1 you see the dogs?
2 A. I probably seen them, like, running around the area or
3 the woods area or whatever.
4 Q. So once you were satisfied that you, you know,
5 incapacitated her, one would assume that you left. Where
6 did you go?
7 A. I went -- I remember I got a , she
8 was getting on break at the -- going on break from her
9 job and she gave me a ride. I went back uptown where she
10 was going. She dropped me off uptown, and that is where
11 I just remember walking, and went to my house.
12 Q. Okay. You went home?
13 A. Yes.
14 Q. What happened once you arrived home?
15 A. I just -- I think I just went to my room, that's it. I
16 just went to my room, stayed in my room for the rest of
17 the night and day.
18 Q. ?
19 A. .
20 Q. Did you think about the human being that you left in the
21 woods? You were probably in shock by that time, with all
22 of that. Was there a part of you that thought to send
23 for help or telling somebody, pick up the phone for
24 assistance, you know, saying that there is some lady in
25 the woods somewhere?

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1 A. No, I didn't. I wasn't -- I didn't.
2 Q. Okay. So the next day, you decided to go back to the
3 scene of the crime?
4 A. The next day, woke me up. She said, did I see
5 anybody on the trail yesterday, and I was like, no, why;
6 and she said there is a lady missing and they are looking
7 for this person, and I was like, oh. I -- when I went up
8 there, I came across the officers, and they asked me, you
9 know, asked my name. I gave him my name and information,
10 and you know, I went about my way, and he sent me on my
11 way. I went away. They were -- they were all in the
12 area, and you know.
13 Q. Why did you go back to the scene of the crime? I mean,
14 told you that she was missing. Did you go
15 back to see if she was dead, or what?
16 A. No, I just went there. I don't know why I went back. I
17 just went back and was like, let me see, you know, that
18 they are looking, you know. That is why I think I went
19 back.
20 Q. Okay.
21 A. I remember I didn't really make it. Like, you know, I'm
22 going to say the path. I came this way back on the path,
23 and she -- the incident took place way still down there,
24 and I ran into the officers at the end of the path. They
25 questioned me right then and there, and after, I turned

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1 around and I went back.
2 Q. Okay.
3 A. And I just -- you know, I walked around, walked around
4 the rest of that day, and -- I just walked around.
5 Q. They got in touch with you, right, because you had given
6 them your information?
7 A. Yes. I gave them the information, the police officers
8 the information, and they contacted the
9 that was at the house, and they took me to the police
10 station, and that night, questioned me. And then the
11 next morning, I went back and they questioned me, and you
12 know, I admitted to what I did, and told them everything
13 that I did, and everything that happened to me.
14 Q. Okay. So, of course,
15
16 A. she was.
17 Q. She had family who loved her.
18 A. She was, you know, you know, and she was a
19 wonderful lady, you know. She was a human being, you
20 know, she was. She was, you know, someone that I had no
21 right to take her life, you know. I had no right to take
22 this other human beings life, you know.
23 Q. I totally agree with you.
24 A. When you are young, you don't -- your mind is not -- at
25 15 years old, your mind is not developed, and you don't

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1 understand, I guess, the long term consequences and the
2 effects of your actions, you know. When you just, you
3 know -- you are a juvenile, and you don't -- you don't
4 understand these things until you're an adult, and you
5 look back and then you can realize, you know, this is --
6 Q. During sentencing, they talked about the death penalty,
7 correct, which if you were of age, you were 18, so that
8 would be --
9 A. This judge said, he said, if I could, I would give you
10 the death penalty, but you are a juvenile, so I will give
11 you the maximum I can give you, and that is 9 to life.
12 That is what he basically said, you know.
13 Q. Okay. So today, you are a grown man. What do you think
14 about that? You remember what he said and what you did?
15 A. I mean, at the time, I didn't -- I still had a lot of
16 anger and rage, and resentment and didn't care, you know,
17 none of that, you know. And then, when you go in through
18 that situation, you know, like you are completely numb,
19 you know. You are just going to court and you hear them
20 talking, and you know, you don't really care what is
21 being said; you don't, you know -- they are talking a
22 language that you have no understanding of.
23 Q. Of course, you are 15 years old, I totally understand. I
24 am talking about at 39 years old.
25 You are 39, correct?

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1 A. Yes, I am 39, correct.
2 Q. You are 39 years old. I'm asking you to look back and
3 see what you did. What do you think about what the judge
4 said? What do you think about what you did? What do you
5 think about the life you took?
6 A. What I did was terrible. It was, you know -- I caused a
7 lot of pain and suffering, and you know, it is just, you
8 know, I took a person's life and it caused a lot of
9 destruction, you know. Being that you don't realize, you
10 know, from the time, you know, it is -- you know, I guess
11 you know, from a child, it was, you know,
12
13 and you know, then went to these , and
14 you know,
15 , you know. You know, you
16 become -- at that point, you become callus, and you know,
17 you don't --
18 Q.
19 ?
20 A.
21 Q.
22 ?
23 A.
24
25

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4 .
5 Q.
6 A. .
7 Q. Okay; I get it.
10 A. .
11 They grew up
12 and you know, they didn't take, you know --
13 they didn't care about, you know,
14
15 , and you know, I was, you
16 know -- I was --
17 Q.
18 A.
19 Q. And towards the beginning, , even though he
20 was he was still in the home, correct? Towards
21 the beginning, you know, early years, 2 or 3 years old,
22 4; or he was not?
23 A. No,
24
25 Q. Okay.

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1 A. , you know, and once they couldn't
2 take care of me, . I
3 ended up in these homes that they told me when I came to
4 them, you know. , and
5 you know, all of these things, you know, and I don't
6 know.
7 Q.
8 , , to make
9 sure you go to school, that you will have a nurturing,
10 you know, environment. But none of that happened.
11 A. Yes, none of these things happened.
12 Q. You kept getting angrier and angrier?
13 A. Yes. And here are these, you know, adults, that, you
14 know, that are supposed to help you with all of this, and
15 by the time, you know -- I mean, by the time that I was
16 13 years old,
17
18 . So I remember them asking
19 me, you know, things like, what is going on with you, and
20 I couldn't tell them, you know. They considered me shy,
21 like, oh, he is too shy, but I was introverted. I didn't
22 have the capacity.
23 Q. You were trying to internalize things?
24 A. Yes. I didn't have the skills to express the things that
25 I needed to, and

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1 anger and rage, and resentment and self-loathing, and not
2 caring about, you know, life, period; not caring about
3 myself, not caring, you know. And all of these things,
4 you know, ultimately, it ended up with me, at 15,
5 exploding, and you know, on May 9th, this lady,
6 costing her her life.
7 Q. Okay. What was the last grade you completed in school?
8 You went to school, correct; what was the last grade?
9 A. 7th grade.
10 Q. Okay.
11 A. That was, you know, 7th grade,
12 .
13 Q. ?
14 A. Yes, I wouldn't go to school and I would go to school and
15 not take it serious, and you know, the 7th grade, you are
16 what, 11 years old or 12 years old. By then, I am
17 already in the streets, and you know, already running
18 , and you know, I'm not -- you
19 know, I'm not focused on school, and you know, I'm not
20 concentrating on finishing some homework. I am worried
21 about where I'm going to stay tonight, or when am I going
22 to eat, you know, things like that.
23 Q. Okay. Were you -- did you remain at the reservation or
24 no; were there times that you were outside of the
25 reservation?

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1 A. Yes. There were times I was outside of the reservation.
2 You know, once I became like 10 or 11, 12, that is when I
3 really started running around, and you know, by the time
4 I was like 13 years old,
5 you know. So, my -- you know, it was like my
6 life was, I guess, at 13, I was already --
7 Q. Acting like a man?
8 A.
9 .
10 Q. ?
11 A. --
12 Q. ?
13 A.
14
15
16 .
17 Q.
18 ?
19 A.
20 Q. ?
21 A.
22
23 .
24 Q. ?
25 A. You know, it wasn't --

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1 Q. Okay.
2 A. Yes.
3 .
4 Q. Okay. So, moving on.
5 If you were to be released, you are proposing to
6 reside with . Who is that, is that
7 correct?
8 A. Yes, ma'am.
9 Q. Okay. How would you support yourself; it says "to be
10 developed" here?
11 A. I would --
12 Q. Go ahead.
13 A. I would support myself by going to and going
14 to, you know -- filing, you know, getting the paperwork,
15 the ID and everything, you know. They would give me
16 places, like training, employment and training, and place
17 me in employment. They would place me, you know -- I
18 have other things. I am looking --
19 place you in iron working if
20 you want, you know.
21 COMMISSIONER CRANGLE: ?
22 INCARCERATED INDIVIDUAL: I have vocationals in
23 welding, you know.
24 COMMISSIONER CRANGLE: Let me ask you something.
25

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2 INCARCERATED INDIVIDUAL:
3 COMMISSIONER CRANGLE: You are a right?
4 INCARCERATED INDIVIDUAL: Yes.
5 COMMISSIONER CRANGLE: And you are thinking about
6 being an iron worker, you said?
8 COMMISSIONER CRANGLE: There are a lot of
9 that are iron workers, right?
10 INCARCERATED INDIVIDUAL: Yes, sir.
11 COMMISSIONER CRANGLE: Do you ever go to the
12
14 COMMISSIONER CRANGLE: Do you have family there,
15 or strictly in
16 INCARCERATED INDIVIDUAL: No, both. I have
17 family on both. So, my -- you know, I was
18 thinking, if I were to go home and get, you know,
19 get all of the necessary things done with
20 and get established out there, then I
21 could probably move, you know, to
22 COMMISSIONER CRANGLE: All of the programs are
23
24 ?

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1 COMMISSIONER CRANGLE: But you can stay
2 and work that out?
4 COMMISSIONER CRANGLE: I was just wondering which
5 you would go to; okay.
6 INCARCERATED INDIVIDUAL: Yes. My first would go
7 to and after that, I would probably go
8 to you know. They have got, you
9 know -- everything that they had in
10 they have in but you know, still
11 housing, and you know, same thing, pretty much.
12 COMMISSIONER CRANGLE: All right. Thank you.
14 Q. Okay. So, you also have a friend, is it
15 A. Yes.
16 Q. Okay. And that is the alternate address, right?
17 A. Yes.
18 Q. Is there a significant other in the community, someone
19 you have been talking to?
20 A.
21 Q. Besides family?
22 A.
23 Q. Besides family?
24 A. I have I have been talking to, and
25

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1 Q. All right.
3 ?
4 A. .
5 Q.
6 A. .
7 Q. ?
8 A.
10
11
12 Q. ?
13 A. .
14 Q. ?
15 A. .
16 Q. Okay. And in terms of programming, I believe you are
17 program-satisfied, correct?
18 A. Yes, I have completed every program.
19 Q. You have a GED, yes?
20 A. Yes, ma'am.
21 Q. Congrats on that. There you go.
22 A. Thank you. I have tried to get in to apply for college,
23 but they said that you have to have 2 years or more in
24 your bid to get in, and I don't have it. So I can't get
25 into college, I have tried, though.

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1 Q. Okay. So that is all you can do, is try.
2 This is your first term of incarceration?
3 A. Yes, ma'am.
4 Q. And in terms of your discipline, you haven't incurred any
5 new infractions since the last interview, correct?
6 A. I haven't had no disciplinary in about 6 or 7 years.
7 Q. Okay. What was your drug back then? There was an
8 incident with drugs; was that marijuana?
9 A. The last drug ticket I received in '17 was for marijuana.
10 Q. Okay.
11 A. It was for marijuana and Buprenorphine.
12 Q. Okay. And early on, there was some issues at Southport,
13 that was in 2007. So conduct, from what I see here, but
14 recently, you know, basically, they were drug use, as you
15 mentioned?
16 A. My majority of my disciplinary is due to my not really
17 ready to deal with reality. Still having, you know, a
18 lot of anger and rage at the system, and life, in
19 general. So when I came to jail, you know, I was -- I
20 still -- you know, my mentality was still out of whack
21 and I didn't, you know -- I didn't want to deal with
22 myself. I didn't want to deal with my mind, and you
23 know, I didn't want to deal with, you know, going inside
24 of myself to learn what, you know --
25 Q. So today, as --

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1 A. -- to learn and understand, you know, what brought me
2 here, and it took a lot of years, a lot of hard lessons
3 and being really hard-headed to be where I am today, and
4 know that, you know.
5 Q. Today, you know what is right from wrong, and you know
6 how to deal with a situation. Have you developed those
7 tools?
8 A. Yes. To know, yes, I can, you know, go speak with them,
9 and not hold things in and get things out and not hold
10 anger and rage in, you know. Know that I don't have to
11 , and you know,
12 things of that nature, you know. Today,
13
14
15 . I have
16 spent a lot of time, you know, internally, dealing with
17 who I am as a man now, you know, as to what I was as a,
18 you know, kid, you know. I have sat and thought and I
19 wrote things, you know.
20 Q. Well, Edward, ?
21 A. When I was in Clinton, they said that my
22 status dropped to a medium. So I requested specifically
23 to go MidState, so I can complete the . I
24 went to MidState, I completed the , and once I
25 completed that program, they took me and put me in

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1 regular -- another housing, you know.
4 Q. Thank you for the explanation.
5 Now, in terms of the what have you gotten out
6 of that program?
7 A. I have learned, you know, really why, you know -- how my
8 anger and rage, you know, and things of power that I
9 didn't have in my life back then, feeling powerless, and
10 this anger exploded and caused me to rape this woman, you
11 know. That is what that -- you know, that is what that
12 is about, you know.
13 Q. You were finally in control of something?
14 A. I was. At that time in my life --
15 Q. You were weren't in control?
16 A. -- I wasn't in control of my life, but I had no say in,
17 you know, whatever, you know. At 15 years old, you know,
18 I'm not old enough to have a job yet, or you know, I'm
19 still, you know, just living in like limbo, you know.
20 I'm not involved in school, or sports or something, you
21 know, to keep me focused, I guess, so you know.
22 Q. That 15 year old --
23 A. I'm just wondering.
24 Q. I have the results of your risk assessment. The COMPAS
25 is a tool to see what your risk and needs might be out in

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1 the community, from 1
2 being the lowest and 10 being the highest.
3 There is also a case plan here, as well. One of the
4 goals is to maintain a positive and stable home,
5 continue in .
6 Moving on to your sentencing, you appeared before
7 the Honorable Judge Larry Himeline, and of course, I am
8 sure your heard that plenty of times when you talked to
9 our colleagues, when you were in the courthouse, they
10 talked about the fact that you should never be released
11 from prison. That if you are released, that it will
12 happen again, and that someone else is going to pay for
13 your lot in life and everything that has happened.
14 A. They say this because, you know, like, they didn't see no
15 remorse or nothing from me when I -- I would go to court,
16 and you know, like I said, I was just still full of a lot
17 of anger and rage and numb, and you know, I didn't -- I
18 was, you know, living like I was in a fog, and you know,
19 I didn't show emotions, and I didn't care what was going
20 on with me, you know, nothing like that. So, you know,
21 to them, as an adult, you know, they felt, oh, if he
22 comes out, he will do it again and that is not, you know
23 -- that is an old way of thinking, though, you know, and
24 this is not true.
25 Q. They are entitled to their opinion, right? They just

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1 lost their loved one. They are entitled to their
2 opinion?
3 A. They are entitled to their opinion, but --
4 Q. The victim's father also spoke during sentencing, from
5 what I can see here, talked about
8 You know what
9 it was like not having people who loved and cared for you
10 when you were there, and her children had go through the
11 same thing, with not the same as having a mom around to
12 watch you grow.
13 A. You don't realize these things when you were age 15, you
14 know, your mind is not fully developed. So you are not
15 thinking of, you know, the other -- you know, all of the
16 pain and destruction that you caused, you know, the
17 family and the immediate family, and you know, to the
18 community, and all of that.
19 Q. But today, as a grown man, you understand that, right?
20 A. Today, you understand that, you know. When you take
21 years, time and years to understand how you came to be
22 where you are and why I'm here today, you know, you do.
23 Q. Let the record reflect that Mr. Kindt is emotional at
24 this time.
25 A. You understand, you know, when you are young, you don't

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1 realize that. You don't think about that and it is, you
2 know -- it is just, you know -- then when you get older,
3 you choose to deal with yourself, and you know, then that
4 is when, you know, all of the pain and everything --
5 Q. Reality sets in, right?
6 A. Yes; yes, ma'am.
7 Q. I see old correspondence in here, letters of reasonable
8 assurance from Osborne Association, and this one is from
9 , and we have an
10 apology letter.
11 Did you send it to the apology bank?
12 A. No, I didn't.
13 Q. That is something you should look into. Talk to your
14 counselor about it. You don't know whether the family,
15 you know, would have read it or not, but that is
16 something that you can consider?
17 A. When I first came to DOCCS in 2001, I wrote an apology
18 letter, and I sent it to that family's lawyer.
19 Q. I saw that. And you need to, you know -- you can send an
20 apology letter through the apology bank, and maybe they
21 will read it, maybe they will not, but it would be good
22 to put pen to paper just the same.
23 Looking for letters from . I don't think
24 I saw any of that. You only communicate through the
25 telephone?

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1 A. Yes.
2 Q. Okay.
3 COMMISSIONER DEMOSTHENES: Commissioners, any
4 questions for Mr. Kindt?
5 COMMISSIONER CRANGLE: So, sir, what have you
6 been doing with yourself in the past couple of
7 months at Elmira?
8 INCARCERATED INDIVIDUAL: I have been here for
9 about 3 years.
10 COMMISSIONER CRANGLE: You wake up and go eat?
11 INCARCERATED INDIVIDUAL: I wake up at 5:30 and
12 go work in the mess hall until 1:30. I come
13 back, I relax, watch a little TV, sometimes read,
14 draw, participate in Native American services.
15 COMMISSIONER CRANGLE: What is that?
16 INCARCERATED INDIVIDUAL: Native American
17 services.
18 COMMISSIONER CRANGLE: Is it like a small group?
19 INCARCERATED INDIVIDUAL: Yes, about 8 of us that
20 are here. So we come there, and you know.
21 COMMISSIONER CRANGLE: Are they all or all
22 different?
23 INCARCERATED INDIVIDUAL: Majority that are here
24 are I am the only here, so the
25 others are

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1 COMMISSIONER CRANGLE: Have you learned a lot
2 about your heritage?
4 COMMISSIONER CRANGLE: More than you knew when
5 you were a teenager?
6 INCARCERATED INDIVIDUAL: Yes. I mean, yes.
7 Now, I know more than when I was a teenager.
8 COMMISSIONER CRANGLE: Do you respect it more?
9 INCARCERATED INDIVIDUAL: I respect it more, and
10 I understand it a lot more.
11 COMMISSIONER CRANGLE: There is a lot of history
12 to it, isn't there?
13 INCARCERATED INDIVIDUAL: Like, yes, sir. For
14 instance, you know, one of the greatest chief's
15 titles, you know, in our confederacy, which is
16 one of the oldest confederacies still intact
17 today, the highest confederate chief is called
18 and in the old days,
19 they said he had snakes coming out of his hair,
20 and you know, he was really bad. He had to
21 practice really bad magic, and you know, he just
22 practiced from the dark side, you know, and he
23 was a cannibal and murderer, and all of these,
24 you know, really dark things. And you know, he
25 became one of the greatest higher chiefs titled

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1 in the confederacy.
2 COMMISSIONER CRANGLE: That is good that you have
3 been learning all of these different stories and
4 history, you know, but I'm curious now.
5 Is
8 COMMISSIONER CRANGLE: Okay. Because is it true
9 that if has to be a
10 correct?
12 COMMISSIONER CRANGLE:
13 , you wouldn't be
14 considered ; is that true?
15 INCARCERATED INDIVIDUAL: Yes, I wouldn't be
16 enrolled.
17 COMMISSIONER CRANGLE: What is the key word,
18 right, enrolled?
19 INCARCERATED INDIVIDUAL: They might give me
20 services for medical or clinical.
21 COMMISSIONER CRANGLE: But it just shows you, you
22 know, the power of a female, the mother, right?
23 INCARCERATED INDIVIDUAL: Yes, you don't -- you
24 know, back in the old days, you know, it is all
25 matrilineal, passed down from the mother. So,

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KINDT, EDWARD DIN# 01A4001 NYSID# 02879580J
1 you know, everything was from the -- you know,
2 the woman. The woman was powerful. She still is
3 powerful.
4 COMMISSIONER CRANGLE: It's ironic in a way, that
5 you took a woman's life, who was very inspiring
6 to the community.
8 COMMISSIONER CRANGLE: You know, the victim here,
9 you know, she was more than I mean, she
10 was a I believe, , you
11 know,
12 and all of that; just all different
13 things. It is just a waste that that 15 year old
14 did not -- like you said earlier, right, you
15 know, we do address it, we do understand the fact
16 that young children, teenagers, don't think of
17 the consequences of their actions, but at the
18 same time, you have got admit, like Commissioner
19 Demosthenes said, quite a few times about you
20 could have just took off, you know, and not gone
21 as far as you did.
22 INCARCERATED INDIVIDUAL: But I think you are
23 blinded, you know. I was blinded by the rage and
24 all of the hurt.
25 COMMISSIONER CRANGLE: I know, I know.

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1 INCARCERATED INDIVIDUAL: But not having, you
2 know, the power of my own life, basically, you
3 know, and you know -- that is how it --
4 COMMISSIONER CRANGLE: But at the same time, you
5 know, there were -- you had opportunities to talk
6 to somebody, you know.
10 You follow me?
12 COMMISSIONER CRANGLE: There was an opportunity.
13 INCARCERATED INDIVIDUAL: There were probably
14 people who were trying to talk to me, but by
15 then, you know,
16 mistrust from
17 adults, you know, and just holding everything in,
18 and you know, stuffing it in and stuffing it
19 down, you know, I guess.
20 COMMISSIONER CRANGLE: You just had a lot of
21 built-up anger in you, unfortunately.
23
24 .
25 COMMISSIONER CRANGLE: Well, I'm glad that you

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41
1 reached out and asked, you know, to take the
2 , okay, at MidState, and I
3 appreciate you answering my questions today.
4 I have no other comments or questions.
5 COMMISSIONER DEMOSTHENES: Thank you,
6 Commissioner.
7 Commissioner Mitchell?
8 COMMISSIONER MITCHELL: This has been a long and
9 thorough interview. I think we covered quite a
10 bit. I don't want to go over anything that has
11 already been discussed, but there is just a
12 perspective that I want to share, and I want to
13 understand, particularly from a more global
14 perspective.
15 What you went through as a young man and
16 child,
17 built up inside, and for all of the
18 things that caused the rage in you, you didn't
19 know how to channel it constructively. Those
20 things haven't changed, though, as you have
21 gotten older and you have become more
22 knowledgeable and you are now steeped in the
23 history of who you are.
25 COMMISSIONER MITCHELL: Of who you are as an

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1 individual, , as an
2 indigenous person, as an incarcerated person.
3 The reasons that -- or the things that cause the
4 rage probably have multiplied.
5 INCARCERATED INDIVIDUAL: No.
6 COMMISSIONER MITCHELL: As you have learned about
7 yourself, the things that caused the rage, the
8 abandonment, the distrust, the loss of who you
9 were, those things haven't changed.
10 INCARCERATED INDIVIDUAL: I don't understand.
11 The loss of who I was, I lost that. Then I'm
12 glad I lost that. I don't want that, you know.
13 COMMISSIONER MITCHELL: Right.
14 INCARCERATED INDIVIDUAL: I have learned, you
15 know.
16 COMMISSIONER MITCHELL: But you have learned --
17 INCARCERATED INDIVIDUAL: I have.
18 COMMISSIONER MITCHELL: Let me finish.
19 You have learned who you are. You have
20 learned who you are. You now know a great deal
21 more about yourself, and about the stuff that you
22 -- , the things
23 that you experience, the things that caused you
24 hurt and pain. You have learned about those
25 things, you know better now. You are now more

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1 informed of who you are, and how you got to where
2 you are.
3 INCARCERATED INDIVIDUAL: Yes, and it caused a
4 lot of pain and suffering, destruction, stuff
5 that I never want to cause again, you know.
6 Things that -- I have healed as much as I can
7 heal in here, and you know, dealing with, you
8 know, myself
9 , and you know, it is
10 going to take the rest of me to heal
11 , doing ceremonies and things of
12 that nature, and you know, you can only heal so
13 much in here, you know. You can, but --
14 COMMISSIONER MITCHELL: Then the question is, are
15 you ever fully healed? Are you ever well? You
16 are on to it -- I mean, you are understanding?
17 INCARCERATED INDIVIDUAL: I am always.
18 COMMISSIONER MITCHELL: The question then
19 becomes, you know, as a mature, more
20 knowledgeable, person, can you deal with the rage
21 that wells up in you? Can you deal with it and
22 handle it in a constructive way?
23 INCARCERATED INDIVIDUAL: I have learned to let
24 that go, you know. That does nothing for you by
25 holding anger and rage, all of this down. That

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1 is what brought me here, you know. You can't
2 hold that in, because it just turns to sickness.
3 It turns to cancer, you know. It is not going to
4 do nothing but bring destruction into your life,
5 you know. I can't hold none of that. I can't,
6 you know. I can't go out there and just have
7 that. I don't have that, you know. I have
8 learned to let all of that stuff go.
9 COMMISSIONER MITCHELL: And what I'm asking you
10 -- what I'm asking you to do is to not just let
11 it go, but to harness it. To do -- in a way,
12 ball up all of the evil that you have done and to
13 channel it into the good that you can do.
14 INCARCERATED INDIVIDUAL: Yes, to go out and do
15 good, you know. I -- I plan on going out there,
16 and you know, getting into , which
17 is helping youth deal with, you know, juveniles
18 and things, dealing with alcohol and things in
19 your life that cause them to do things that I did
20 that bring me here, and I do that today. When
21 other young Native Americans that come through
22 reception -- I'm in a reception jail, I do the
23 feed up. So when they come in, oh, I'm
24 I'm from, blah, oh, I know you, you know, blah,
25 blah. I talk to them here. They come to group

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1 sometimes and ceremonies, and I let them know,
2 you know, that is not good, you know, this can
3 lead to here, that can lead to there, this is
4 what happens when, you know, you do it like this,
5 and this is what caused me to be here, and you
6 know, I have started. I understand what you are
7 saying, you know, and yes, that is part of
8 healing. I can only heal so much in here,
9 whereas if I had to get out to heal the rest.
10 And by you saying harness it and doing the
11 positive, you know, I have to go out and show
12 them proof, you know. If I'm just stuck in here,
13 I can't go out and show them proof.
14 COMMISSIONER MITCHELL: But you are doing it with
15 every opportunity that you get to impact a Native
16 American in an indigenous person that walks
17 through those doors. If you take every
18 opportunity you can to turn that rage into power
19 and build strong people, build strong human
20 being, to go out there to do good, then you are
21 working towards that.
22 INCARCERATED INDIVIDUAL: Yes, you know, every --
23 I can honestly say that every young that
24 passed through here within the past, since I have
25 been here, for 3 years, you know, they haven't

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1 come back, you know. They haven't come back.
2 COMMISSIONER MITCHELL: Keep up the good work,
3 sir.
4 INCARCERATED INDIVIDUAL: I can live, you know.
5 Try to just live day-for-day, you know. I have
6 got plans, but I live for day-for-day in this
7 employment right now. All we have is right now.
8 I don't have the past and I don't have the
9 future, all we have is right now, you know what I
10 mean, so you know.
11 COMMISSIONER MITCHELL: Most of us have
12 difficulty living in the present.
13 INCARCERATED INDIVIDUAL: Yes, you know, because
14 -- and you see it in here, you know, an inmate,
15 he can't stay in his cell and do time, you know,
16 like real time, and just sit there and think and
17 are by themselves. He has to have a radio or
18 music or whatnot. He can't just sit there and
19 think, you know. One of the things that I have
20 learned, you know, was this elder, he is
21 his name is , a chief in
22 he asked me, you know, if you could
23 take the longest journey anywhere in the world,
24 where would you go, and I thought about it, and
25 you know, I told him, you know, the longest

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1 journey that any human being has is the journey
2 inward. It doesn't matter how old you get, you
3 are going to learn more about yourself and you
4 are going to keep learning, and revealing more of
5 yourself, and you know, that is the longest
6 journey that any human being can take, is the
7 journey inward, you know. By you doing all of
8 these things, you know, to keep your mind
9 occupied on the outside, you know, and other
10 stuff, and not dealing with you, you are not
11 learning, you are not growing, you know. You are
12 maturing, and you know, it is like, that is, you
13 know -- these are things that I learned, you
14 know, hard lessons, you know, by being
15 hardheaded, and you know, being -- always
16 catching disciplinary and being in, you know, SHU
17 and solitary, you know. You could look at my
18 record and see, I lasted, you know -- I would
19 last no more than 6 months in population and be
20 back in solitary confinement for a year or 9
21 months, and you know, back out. And you know
22 now, I haven't, you know, been in solitary
23 confinement in, you know, almost a decade, you
24 know, and that is a major change, you know. It
25 is major growth and maturity, and you know, that

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1 took efforts on my part, you know, and efforts at
2 rehabilitation, you know. And you know, I
3 always, for the rest of my days living, you know,
4 I live with the pain and this burden that, you
5 know, I took this wonderful lady's life. That I
6 had -- and at the time, I didn't understand why I
7 did it, you know, and now, I understand, and you
8 know, it is just even more painful, you know.
9 COMMISSIONER MITCHELL: And that pain truly will
10 never go away.
11 INCARCERATED INDIVIDUAL: Never. It will not,
12 you know. It will never go away. That is
13 something that I have to carry for the rest of my
14 life, you know.
15 COMMISSIONER MITCHELL: Thank you, Mr. Kindt.
16 Thank you. Thank you.
17 INCARCERATED INDIVIDUAL: Yes, sir.
18 COMMISSIONER DEMOSTHENES: Thank you,
19 Commissioner Mitchell.
21 Q. Mr. Kindt, am I pronouncing it correctly?
22 A. Yes.
23 Q. Okay. You said a lot. We have covered a lot, haven't
24 we?
25 A. It needs to be covered a lot, you know. It needs to be,

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1 you know, discussed, you know. And your position is to,
2 you know, grant me, you know, a shot at parole. I would
3 expect you all to, you know, say let's really see who
4 this person is, you know, not just okay, five minutes and
5 then that's it, you know, because --
6 Q. We don't do that.
7 A. You just don't know the person's environment or whatever,
8 and you know, sometimes it takes a lot of things to
9 discuss, and you know, deep discussions.
10 Q. Of course.
11 A. And that is, you know, what is needed, you know.
12 Q. Yes. I believe we have learned a lot today, and we know
13 who Edward was, and is today. How is that?
14 A. Yes. You know, and I -- you know, I even, you know,
15 wrote it in one of these, you know. I wrote it down, you
16 know.
17 Q. Yes. We read all of your letters.
18 A. The old me versus the rehabilitated me.
19 Q. We read everything that you submitted.
20 And I want to mention the fact that we reach out to
21 the officials, the judge, the DA and defense attorney
22 regarding possible release; and in your case, there are
23 two letters within the file, which will be considered,
24 amongst everything else that we talked about.
25 You have the last word, sir. What would you have us

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1 know that we haven't covered?
2 A. I would like to say that, you know, out of the majority
3 of all of your hearings, I'm one of the few that
4 completed -- that is program satisfied, you know. I have
5 completed every single program. I have participated in
6 extra programs, you know. I have submitted 13 or 14
7 different things, you know, points of everything, you
8 know, that goes to show you, you know, not only that I
9 have changed, I am rehabilitated and I took efforts and
10 time at rehabilitation and understanding myself, and you
11 know, everything. And you know, I have wrote it down,
12 you know. There is probably not a lot of inmates that
13 you see that probably submitted things like this, you
14 know, and took the time to really write these out and
15 show improvement and showing insight into everything, you
16 know, that I wrote here, you know.
17 Q. We will definitely consider everything that you
18 submitted, as well as all of the factors, I'm sure.
19 A. I would like to, you know, say right here, you know, one
20 thing, too. In 2016, the US Supreme Court of the United
21 States ruled that, you know, to give juveniles natural
22 life is, you know, unconstitutional. You have to give
23 them, you know, a chance at parole, you know, a shot at
24 parole if they show efforts at rehabilitation.
25 Q. Or diminished culpability of youth and your mature

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1 sentence. It is called maturity.
2 All of that will be considered, sir.
3 A. Yes, and I believe I have shown and proved, you know,
4 that, you know, I really, you know, believe that, you
5 know, I deserve a chance at parole, to move on with my
6 life, and you know -- you know, do something more
7 productive with my life than sitting in here, you know.
8 I know for a fact that I can go out, and you know, become
9 a productive person in my community and in society, and
10 you know, things like that.
11 Q. Thank you for those statements, as well as the interview.
12 We will notify you in writing of our decision; okay?
13 A. I appreciate that.
14 Q. Take care.
15 (Hearing concluded.)
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1 (After due deliberation by the Parole Board Panel, the following
2 Decision was rendered:)
3 DECISION
4 Open date 3/29/23 or earlier.
5 This release should not be interpreted as condoning or in
6 ay way excusing or forgiving your brutal and violent actions of
7 raping and strangling the victim, resulting in her death. This
8 heinous and atrocious act perpetuated against the female victim,
9 demonstrated a callous disregard for the sanctity of life. Your
10 actions resulted in irreparable harm to the long-suffering
11 family of the victim, as well as the community. Suffice it to
12 say that the family of will forever be impacted by
13 your actions.
14 After applying the factors outlined in the executive law
15 and regulations, your release is granted as your term of
16 confinement, record, release plan, reflects evidence of your
17 growth and rehabilitation. The Panel considered your diminished
18 culpability of your and that you were 15 years old when you
19 committed the instant offense. You have completed all
20 recommended programs, including the . Your
21 disciplinary record also reflects growth.
22 We discussed your plans and your COMPAS Risk Assessment,
23 which indicates , and
24 based on your strong support base in the community,
25

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1 The Panel considered official and significant community
2 opposition to your release. Also noted was
3 expressions of remorse and addressing the tremendous
4 harm your actions caused.
5 After a review of the record, interview and deliberation,
6 this Panel finds that at 39 years old, and after serving
7 approximately 23 years of confinement of a 9 to life sentence,
8 you have developed that skills to remain at liberty without
9 violating the law, and your release at this time is compatible
10 with the welfare of society.
11 Your contions upon release include:
12
13 SC1: I will seek, obtain, and maintain employment and/or
14 an academic/vocational program.
15 SC2: I will submit to Substance Abuse Testing, as
16 directed by the PAROLE OFFICER.
17
18
19
20 .
21 SC5: I will NOT consume alcoholic beverages.
22 SC6: I will NOT frequent any establishment where alcohol
23 is sold or served as its main business without the permission of
24 the PAROLE OFFICER.
25 SC8: I will abide by a curfew established by the PAROLE

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1 OFFICER.
2 SC10:
8 SC12:
9 .
10 SC13: I will have NO contact with any person under the
11 age of eighteen, without written permission of the PAROLE
12 OFFICER.
13 SC14: I will comply with all case specific sex offender
14 conditions to be imposed by the PAROLE OFFICER.
15 SC15: I will NOT associate in any way or communicate by
16 any means with victim(s) VICTIM'S FAMILY without the permission
17 of the PAROLE OFFICER.
18 SC27GEO: I will comply with any Geographic Restrictions
19 imposed by the PAROLE OFFICER.
20 SC32: I will NOT use or possess any medication or
21 supplements designed or intended for the purpose of enhancing
22 sexual performance or treating erectile dysfunction without the
23 written permission of the PAROLE OFFICER and the approval of his
24 or her area supervisor.
25 SC33: I will participate in the Department of

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1 Corrections and Community Supervision's Polygraph Program, as
2 directed by the PAROLE OFFICER. I understand that this will
3 include periodic polygraph sessions consisting of a
4 pre-examination interview, polygraph examination and post-test
5 interview with the polygraph examiner or the PAROLE OFFICER.
6 SC42: I will submit to photo imaging every 90 days or
7 whenever directed by the PAROLE OFFICER or other representative
8 of the New York State Department of Corrections and Community
9 Supervision.
10 (Commissioner Crangle dissents.)
11 (Commissioner Mitchell concurs.)
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3 CERTIFICATION
5 I, Diana M. Russell, Court Reporter and Notary Public in
6 and for the State of New York, do hereby certify that I attended
7 the foregoing proceedings, took stenographic notes of the same,
8 that the foregoing, consisting of 22 pages, is a true and
9 correct copy of same and the whole thereof.
10
11 Dated: February 21, 2023
12
13 Diana M. Russell
14 Diana M. Russell, Court Reporter
15
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(315) 735-7429

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1

KINDT, EDWARD DIN# 01A4001 NYSID#

1 NYS DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

3 Parole Board Interview

9 TYPE OF INTERVIEW: Reappearance Interview

10 LOCATION: ELMIRA CORRECTIONAL FACILITY

17 AT FACILITY: SORC COLLINS

Durr Court Reporting

2 Q. Good afternoon, Sir.

3 A. Good afternoon, Miss.

4 Q. State your name, please.

6 Q. Mr. Kindt, I'm Commissioner Demosthenes; and joining me

7 today are Commissioner Crangle.

8 COMMISSIONER CRANGLE: Hi.

9 COMMISSIONER DEMOSTHENES: And Commissioner

11 COMMISSIONER MITCHELL: Good afternoon.

13 Q. Okay. Mr. Kindt, this is a reappearance for you,

17 A. This is my 10th appearance.

18 Q. I believe you were held approximately 18 months the last

21 Q. Okay. And you are presently serving 9 to life for JO

22 murder 2nd, and that was by plea in Cattaraugus County.

24 Q. Okay. Sir, in terms of the instant offense, it is as

25 follows: May 9, 1999, you intentionally caused the death

Durr Court Reporting

1 of a female victim by means of strangulation,

2 The instant offense occurred in a secluded wooded

5 physical force where you proceeded to forcibly rape her.

7 of you walked a short distance before she was again

8 forced into the woods and then strangled.

9 What do you have to say about the instant offense,

11 Walk us through your day from that morning on, prior

12 to walking towards that wooded area?

13 A. I was walking that day. I was walking on an old railroad

14 track, and then walking down this railroad track, this

15 lady, came running, jogging behind me, and I

16 reached out and grabbed her buttocks, and she turned

17 around and screamed, and I got scared. Like, you know, I

18 covered her mouth really fast, you know, I remember, and

19 she said I can't breathe so I -- you know, I let her go

20 and we were standing on the path for a minute, and she --

21 I remember she was like, well, what do you want, you

22 know, and I remember like my mind racing, because I was

23 just like in, like, a cloud kind of -- and I just got

24 like, I guess you could say scared at that moment.

25 Q. Let me stop you for a moment.

Durr Court Reporting

1 Do you normally accost women or people down the

2 street and then touch their buttocks?

4 Q. So why did you do that?

5 A. That day, I was just angry about everything, you know,

7 Q. What were you angry about?

8 A. I was angry, I guess, you know. I had a lot of rage and

9 anger inside of me dealing with life growing up, and it

10 exploded on this day, and it cost this woman, you know,

11 life, and you know, it's terrible.

12 Q. You were angry at your lot in life, and you exploded,

15 Q. And were you under the influence of any controlled

16 substances or were you drinking that day?

17 A. No, I wasn't drinking that day.

Durr Court Reporting

13 terms of your history?

15 Q. Okay. So you were angry at your lot in life, and you

16 exploded when you saw jogging by. You grabbed