OLEAN, NY (WKBW) — UPDATE: 39-year-old Edward Kindt was released from Elmira Correctional Facility Thursday, according to the New York State Department of Corrections and Community Supervision. You can find more information here.
ORIGINAL: The release of a convicted killer from prison is no longer moving forward as planned in Cattaraugus County.
Edward Kindt, 39, was set to walk free Wednesday, but his release is now delayed and it's unclear when it will happen.
The Department of Corrections and Community Supervision responded to our 7 News request for confirmation.
The DOCCS issued this statement:
“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."
DOCCS
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 where Kindt, who was 15 years old at the time, brutally raped and murdered her.
Initially, there was word he would be released from the Elmira Correctional facility and sent to Olean. But that’s all changed.
"It created a panic in the community — thinking this individual was going to get out and placed in our community,” commented Mayor William Aiello, Olean.
Mayor Aiello is breathing a sigh of relief after learning Kindt's will not be released to his community. That area is only about a 20-minute drive to Olean.
“The one thing that upset me the most was at the parole board — never notified the City of Olean of this,” remarked Mayor Aiello.
After serving 24 years, the New York State Parole Board has decided to release Kindt from prison. But the Olean mayor wrote a letter to the parole board voicing outrage.
Tuesday, the Olean City Council passed a resolution that they say "vehemently condemns" the release of Kindt.
If you're wondering why Olean was selected for Kindt's initial release, the state Parole Board contacted the New Lantern Motel, just outside the City of Olean to give Kindt a temporary place to stay as part of his re-entry program.
“When we realized who it was, and what the offense was, we contacted parole and let them know that he was not allowed to come here,” commented Jeffrey Miles, motel owner.
Miles tells me he gets more than a handful of calls each year to temporarily house some being released from prison.
“But we don't want violent offenders here. You know, for the community and for ourselves. It's just, it's not a good thing to do,” Miles replied.
State Senator George Borrello issued a statement Wednesday saying he received confirmation from the commissioner of the Department of Corrections saying Kindt's release has been delayed "as further consideration is given to his placement."
“We don't want people in our community living with fear. And you know — my goodness, you know, that the, the horrendous nature of this, this crime — we don't want people in our community living with fear,” Mayor Aiello noted.
There is speculation the refusal by this motel owner could be the reason Kindt was not released. But the Olean mayor says he believes outrage from the community and family made a difference.
“He should not be released from jail. Everything that I'm reading, everything that I'm hearing, is that he was not the ideal prisoner, that he had problems in there, and I don't think, in my humble opinion — I don't think this person is rehabilitated. I don't think he should be in society,” described Mayor Aiello.
On Tuesday evening daughter of Penny Brown, Bradleigh Brown reacted to the news that Kindt’s release is on hold.
“I just don't have the words to express how thankful I am for all the pressure that's been put on the governor and the parole board for making this decision. From our community, especially the Seneca Nation, the legislators, congressman, everyone who has taken time to write against this decision,” Brown replied.
But Brown said she has no idea what happens next.
“Where do you go from here?” Buckley asked. “I breathe — I just take a breath — I can breathe,” replied Brown.
7 News continues to look for answers from the state. Earlier this week we sent a request through New York's Freedom of Information Law (FOIL) where we requested the transcripts from Kindt's parole hearing. That includes any letters written in support of or against his release. We are still waiting for those documents. 7 News also reached out to the Cattaraugus County Sheriff, but he was not in town to comment.
