LUZ U93122B8JSTRTE OF NEW YORKEXECUTIVE DEPARTMENT DIVISION OF PAROLEMINUTES OF PAROLE BOARD HEARINGINITIAL APPEARANCELUZ ARROYO INSTITUTION: ALBION CORRECTIONAL FACILITY(Teleconfereneed from 125 Main Street,Buffalo, New York}DATE: Tuesday, September 12th, 2006BEFORE: COMISSIONER.W. WILLIAM SMITH, JR.COMMISSIONER PATRICK.M. GALLIVANCOMMISSIONER CHRISTINA.HERHANDEZHEARING REPORTER: Rebeeca L. DiBelloCROSBY REPORTING SERVICES, INC.197 Delaware Avenue, Buffalo, New York 14202LUZ ARROYO O6-G-0409 2BY COMMISSIONER GRLLIVAN:Q. Good morning. Are you Luz Arroyo?A. Yes.Q. I?m Commissioner Gallivan. Commissioner Smith isnext to me and Commissioner Hernandez at the other end of thetable. This is your first time before the Parole Board inthis case, is that right?A. Yes.Q. Our record says you're serving a one year, fourmonth minimum, four year maximum after pleading guilty tocriminally negligent homicide, is that correct?A. Yes.Q. and this has to do with you and your boyfriendcausing the death of two of your children by becomingintoxicated with narcotics, falling sleep, the children werescalded while you were asleep and when you woke up they wereboth deceased. Is that correct?A. Yes. I was already sleeping. when I woke up hepassed me my baby that was dead.who turned the water on?A They said he did.. Q. Were you having problems with the children?A No, sir. Never.Q. Is there anything you want to tell us about thatcrime?- CROSBY REPORTING SERVICES, INC.197 Delaware Avenue, Buffalo, New York 14202LUZ ARROYO 3A.Q.I learned my lesson never to use drugs again.Have you completed any drug programming whileyou've been incarcerated?RuNo. They say something about me supposed to gointo ASAT, but by the time they said I came up here theycouldn't put me in right away because I haven't been herelong enough.Q.A.They had me on the waiting list.Where were you before you came to Albion?At first in my county which is Westchester County.Then I went to Bedford.Q.A.Q.How long were you there for?At Bedford? One month.So you really haven't had much time to complete anyof the recommended programming?A.Q.prison,A.Q.No.Just because of your recent entry into stateis that right?Yes.Let's talk real quickly about your past. Prior tobeing arrested for this offense we see several arrests overthe past going back about four or five years ago. How longhave you been involved with drugs?A. All my life until I was only smoking weed forall my life but then I recently started using heavier drugs.Q.Why the crime?INC.14202- CROSBY REPORTING SERVICES,197 Delaware Avenue, Buffalo, New YorkLUZ ARROYO 4A. Excuse me?Q. Why committing additional crimes besides drugs?Why the prostitution?A. I was forced.Q. By who?A. I don?t know his name. It was two guys in Bronx,New York.Q. was your codefendant involved at all this,Maldonado guy?A. No, it was before I got with him. The court in theBronx helped me get away.0.hearing.A.law library.Q.You just got a ticket a couple days ago or aWhat is that case about?Because I missed one of my w- I missed to go to theI didn't see my name on the list. an right. m- re getting right now?A.I?m trying to get myself off little by little so when I'm outthere I can deal with myself because I haven?t got to grieveproperly. I want to start facing things now before I go outthere.Q. How is it going so far?A. Painful, but I got to be strong. I got to doeverything other children I have outINC.14202CROSBY REPORTING SERVICES,197 Delaware Avenue, Buffalo, New York LUZ ARROYO 06-6-0409 5there.Q. How old are they?A. My daughter is six and my son is eleven,0. And who are they with?A. My mom and my ex?mother?in~law.Q. Your mom and your Are thechildren split up?A. It's not the one it's not from my ex, the onethat's in prison.0. Are the children together?A. No. What happened was I was living in New Jersey.They took my older son away from me because they said I wastoo young. I gave custody to my mom and my mom was sellingdrugs at her house so they didn't let me get custody to lethim out of the hospital because he was in the hospital at thetime, so they gave my ew?mother?in~law temporary custody.?99 was the last time I seen my son. She took off with myson. I don't know where she went. I tried calling and Icouldn't get in contact with nobody. So I don't know whereshe's at. I heard she was in Florida but I don?t know whatis going on. Q. Now, if you*re released you still want to live withyourA. Yes, until I get my own place. I want to get outthere. I want to do something for myself. I'm done withDEPAQLD - CROSBY REPORTING SERVICES, INC.197 Delaware Avenue, Buffalo, New York 14202O6-G-U409 6LUZ ARROYOthis, not only prison but what happened to my children scaredme to death.Q. Well, it?s fortunate that you're going to get achance to do something at some point. The children don'thave a chance. Now, let me ask youschool?A. I went 7th, 8th grade.Q. It would be helpful to you if you got your GED orif you pursued that. Can you read?A. Yes. I'm willing to do anything I can, you know.when I get out of here, I want something for my life. I wantgoals to achieve.How serious are you about studying cosmetology?very. Very.Is that something you want to do?I always wanted to do it. I love hair.aotwron?ioDo you know what steps you would have to take to goabout doing that?A. Yes.Q. Tell us.A. I have to go to school. I have to get at least myGED. some places they give you opportunities where I*m at togive you a high school diploma in certain programs that they It was at a place called give you. Q_where they would be giving peopleINC.l4202CROSBY REPORTING SERVICES,19? Delaware Avenue, Buffalo, New YorkLUZ ARROYO 09312288J 7opportunities to get their high school diploma or I want toget my GED. I want to go to college so I could learn moreabout getting things I need to learn about cutting hair.Q. What else would you like us to consider? Is thereanything you think that we missed or anything you think weshould know about you that we haven't talked about?A. I just don't want you to think I'm a bad person.Q. We understand you didn't live your life the rightway. You're very fortunate that you're going to have achance to turn your life around and do something with yourIn making our decision, we havelife. We hope that you do.to consider all those things and I'm not sure what we'll do,but we'll discuss your case, give you a decision in a fewdays.But before we leave I'll give the otherCommissioners opportunities to ask questions. Anything?BY COMMISSIONER HERNANDEZ:Q. I have a question. There's nothing you can do tochange the past, nothing. Nothing will bring your childrenThe way you were living your life, there'sback. Nothing.nothing you can do. That's gone. But you can take controlnow and move forward, okay? You're not you're the one thathas to love yourself. It doesn't matter what anybody elsethinks of you. You're the one that has to work throughDEPAOLO - CROSBY REPORTING SERVICES, INC.197 Delaware Avenue, Buffalo, New York 14202LUZ ARROYO 09312288J 8everything that brought you to this point. So it's good thatyou're in counseling. What kind of right now?A. They just stopped me from a lot 3 because I was getting allergic reactions, but right now I'm *5?;and They stopped me from the 3f which was helping me with myihy but I'm trying to get myself weaned off a lot of it because I used to be on g,and I got addicted to it.Q. Listen to me. You don't have to go through theIt?s good you're coming off of it, but if whole:you find you need to be on it, you've had a lot of stuffhappen to you in your life. Some of it was your own doing.You have to deal with all of that and you?re youngenough where you can turn your life around and do somethingpositive. Maybe you?ll get to the point where you make yourlife matter for something good. But the one thing is thatyou have to stop beating yourself up. It's done. Now youhave to figure out how to change your life and how to do goodand be positive. No drugs. No drinking, no drugs.A. Okay.Q. I want you to know that regardless of what we dohere today, if we keep you in, we let you go, you need tostart focusing on positive stuff. You need to get your GED.You need to take advantage of programs that they have inCROSBY REPORTING SERVICES, INC.197 Delaware Avenue, Buffalo, New York 14202LUZ ARROYO 05-3-U409there. You need to stay out of trouble. Do you understandme?A. Yes, even out there I want to go out there and gointo treatment.Q. You are an adult. You're not a kid. You're not achild and you need to start acting like an adult. Do youunderstand?A. Yes.Q. Stop beating yourself up.All right. We wish youCOMMISSIONER GRLLIVAN:luck. We?ll discuss your case and you'll get a decision in acouple of days. Take care.0931228BJ 9CROSBY REPORTING SERVICES, INC.197 Delaware Avenue, Buffalo, New York 14202LUZ ARROYO U6-G-0409 10{After due deliberation by the Parole Board Panel, thefollowing Decision was rendered:)I I Denied 24 months. Next appearance Despite receipt of an earned eligibilitycertificate, parole is denied. After a careful review ofyour record, a personal interview, and deliberation, it isthe determination of this panel that, if released at thistime, there is a reasonable probability that you would notlive and remain at liberty without violating the law and yourrelease is incompatible with the welfare and safety of thecommunity.Your institutional adjustment and release planswere discussed. However, your history of substance abuse,your history of unlawful behavior and the troubling nature ofyour instant o?fense, when considered with all relevantfactors, leads this panel to conclude discretionary releaseis inappropriate at this time. You would do well to pursue your GED and complete all recommended programming.If CR: I will seek, obtain and maintain employmentand/or an academic/vocational program. I will submit to 1? =3 asI willCROSBY REPORTING SERVICES, INC.l9? Delaware Avenue, Buffalo, New York 14202LUZ ARROYO O9312288J 11 directed by the P.O. I will participate in anprogram as directed by the P.O. I will not consume alcoholicbeverages. I will not frequent any establishment wherealcohol is served as its main business without the permissionof the P.O. I will abide by a curfew established by the P.O.I will support my dependent children. I willParticipate in asI will cooperate with adirected by the parole officer.'W7?and followaup treatment asdirected by the P.O. I will not associate in any way orcommunicate by any means with David Maldonado without thepermission of the 9.0. I will comply with all court ordersincluding those ordering fines, surcharges and/orrestitution.Inside the guidelines.{All Commissioners concur.)DEPAOLO CROSBY REPORTING SERVICES, INC.19? Delaware Avenue, Buffalo, New York 14202L02 ARROYO 06-6-0409 09312288J12RE: LUZ ARROEO 093122BBJAT: Albion Correctional Facility{Teleconferenced from 125 Main Street,Buffalo, New York}ON: Tuesday, September 12th, 2006I I I I, Rebecca L. DiBello, Notary Public,for the State of New York, do hereby certify that theforegoing is a true and accurate transcription of theproceedings reported stenographically by me in the matterherein at the time and place as set forth in the captionhereof. Rebecca L. DiBelloRebecca L. DiBelloQualified in Erie CountyMy Commission Expires May 11, 2007- CROSBY REPORTING SERVICES, INC.197 Delaware Avenue, Buffalo, New York