SALAMANCA, NY (WKBW) — The man who killed a Cattaraugus County woman more than 20 years ago is set to walk free from prison Wednesday, March 29th. But the family of Penny Brown is sharing their fears, anger, and frustration over this planned release.
UPDATE: As of 4:00 p.m. on Wednesday, March 29, Edward Kindt remains incarcerated, according to the New York State Department of Corrections and Community Supervision. In a statement, DOCCS spokesperson said, "Mr. Kindt remains incarcerated today while work continues on completing his community preparation. When this is completed, including approving his housing, Mr. Kindt will be released to Community Supervision."
“This is a life sentence for our family and for him, it was 20 some years,” remarked Bradleigh Brown, daughter.
A life sentence for Bradleigh Brown and her family. She's the daughter of Penny Brown and says the New York State Parole Board's decision to release her mom's killer, 39-year-old Edward Kindt is “violating" to her family and "terrifying to the community".
“Through his transcripts, it's always been no remorse shown — violent in prison, drug use. He was violent as a child. I've learned nothing that would show there is any change, any healing — any difference in the wiring of this human being,” described Brown.
“What if anything did they tell you why he is being released?” Buckley asked. Nothing, absolutely nothing — they provided no answers as to why this year would be the year,” replied Brown. “If you're able to do that as a young man, the reality is what are you able to do as a full grown man.”
“Do you think he will come back to this community?” Buckley questioned. “I know that the Seneca Nation is working to ban him from this community and they're not willing to provide any support from him — him being a Native American. I know he will be living in Olean, which is 20 minutes away from here,” responded Brown.
On Tuesday, the Seneca Nation issued a statement urging the New York State Board of Parole to reverse its decision which said in part:
“This individual took someone’s life and inflicted terror upon our entire community. He should not be allowed to re-enter the same community that was traumatized by his heinous actions. No amount of time can heal the wounds he created, and our community should not be forced back into the shadows of fear knowing that the State Parole Board is allowing him to walk among us.”
“Furthermore, this individual was a resident of our Allegany Territory when he murdered Ms. Brown. The Seneca Nation should have been consulted before any parole decision was made. We would have strenuously objected to his release, as I have now done in a letter to the Parole Board. His release makes our territory and our families less safe.”
“Granting parole to someone who showed such blatant disregard for human life is not only an insult to justice, but to Ms. Brown and to her family, friends, neighbors and community. New York later enacted a law named after Ms. Brown in order to strengthen the state’s sentencing guidelines. The criminal whose actions spurred that law should not benefit from any loopholes that the law intended to close. Ms. Brown was robbed of her life at age 39. Allowing her killer to see freedom at that same age adds a cruel layer of irony to the Parole Board’s misguided decision.”
“The Seneca Nation and our community lends our voice in support of the Brown family and all those who seek to ensure that Ms. Brown’s murderer sees no reprieve for his actions so that our community can rest easy that he remains behind bars.”
It was on mother's day of 1999 when 39-year-old Penny Brown went jogging with her two dogs along an area of the Pennsy Trail in Salamanca.
Kindt, who was just 15, attacked, raped, and strangled her. A judge sentenced him to nine years to life, the maximum allowed because he was under the age of 16.
The state denied him parole several times in past years. But on Wednesday, he will be released from the Elmira Correctional facility.
After 24 years, Penny Brown's daughter says she has a difficult time walking that path where her mom was raped and murdered.
Bradleigh Brown was just 10 when her mother was killed, remembering the horrible day and reflecting on her dear mother.
“What do you remember?” Buckley asked. “Everything — that's hard,” Brown teared up. “Pure kindness — just really loved by everyone that knew her.”
Penny Brown was a nurse and worked as a midwife.
“Her life's work was being a midwife, which was bringing life into this world, ironically just a very gentle — loving — genuine person,” recalled Brown.
Candy Brown is married to Penny Brown's brother. She says for years the family fought against the killer's parole, but now they feel helpless.
“It's ripped the scab off. It's ripped the deep wound off,” Brown reflected. “It just doesn't seem fair that they could make such a devastating decision — it's like they don't care about the family.”
7 News has sent the state a request under the Freedom of Information Law (FOIL) requesting to see and hear any minutes of Kindt's parole hearing. That could include any letters written either in support of or in opposition to his release.
The New York State Department of Criminal Justice Services says they have received our request.
State law has changed since Benny Brown's murder. Penny's Law raises the minimum sentence for a second-degree murder conviction for someone who committed the crime while under the age of 16. That minimum sentence is now 15 years to life in prison.
