Many Pains Remain Forever – Parole Hearings

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by Jonathan Farris
Chief Advocate

Many Pains Simply Remain Forever

It’s been a while since I posted a note. Apologies, but life has and continues to get in the way of my advocacy efforts.

I do, however, want to give you a brief update on the “justice system.”

In the early morning of May 27, 2007 a man named Javier Morales killed my son. It was a collision by this guy’s SUV, being pursued by a Massachusetts State Trooper for an illegal u-turn. Morales was doing 76MPH when he broadsided the taxi. The rest is too horrible to describe again, so I shall not.

Four years after Paul’s and Walid Chahine’s deaths, Morales was sentenced to prison for two concurrent sentences of 15-20 years, with dispensation for time already served. The “15” portion of that 15-20 year sentence is supposed to be THE EARLIEST that Morales would be eligible for parole.  So, doing the math, we should not expect anything about a parole hearing until May 23, 2022.

So imagine my family’s horror when, in late 2019 we received a letter from the Parole Board’s stating that his first parole hearing would be in 2020.

I won’t get into the details of why he was eligible for parole early, but suffice it to say the criminal justice system needs plenty of work.

So now we’ll deal with this additional insanity every year. Yes, many pains simply remain forever.

We miss you, Paul.

 

 

 

 

 

 

 


Here is the post-hearing ruling from the Parole Board:

Dear Mr. Farris:

The Parole Board conducted a parole hearing for the above named offender and has voted to deny parole release. Inmates for whom the Board has denied parole may appeal the decision within 30 days or request reconsideration after 90 days.

If there is any change in the Board’s decision, you will be notified. The Parole Board conducts an annual review hearing for those individuals who have been denied parole. The offender will be scheduled for a parole hearing each year until parole is granted or the sentence is completed.

If the offender completes his sentence before his next scheduled parole hearing, the correctional facility will be responsible for informing you of the release. Please be advised, this offender may be eligible for mandatory release to supervision pursuant to M.G.L. c.127, §130B. If this does occur, you will be notified 14 days prior to the date of release to supervision. If you have any questions or concerns, please contact me.

Here’s the Farris family’s pre-hearing letter to the Parole Board:

RE: Javier Morales
Parole Hearing

Dear Members of the Massachusetts Parole Board,

Thank you for allowing us the opportunity to express our great concerns regarding a possible early parole for Javier Morales, the individual who killed our son Paul Farris.

We are Jonathan, Roberta and Scott Farris, Paul Farris’ parents and brother.

At 4:30 AM on May 27, 2007 we received a call that no family should ever get – an emergency room doctor telling us our son had been killed in a car crash several hours earlier. There are simply no words to explain what that call was like. From that instant, and for every day since, our lives have been inexorably transformed for the worse.

Our incredible son and brother, Paul, was taken from our lives and from the lives of so many others who knew and loved him. We have not, nor shall we ever, heal from the emotional scars caused directly by a career criminal, Javier Morales.

We invite you to view Paul’s memorial website PaulFarris.org, to see, to hear and to better understand who we forever lost.

The police chase that killed Paul started with an illegal U-turn by Morales and his subsequent fleeing from a State Trooper. As a result of this, we are active with Pursuit For Change (PursuitForChange.org), an organization which advocates for stricter pursuit policies and for greater usage of pursuit reduction technology.

When Paul was killed, it took several days to learn what had happened that night; to learn how Paul Farris and Walid Chahine were killed and why Katelyn Hoyt was so severely injured that she nearly died and spent years recovering.

Paul is dead because Morales was once again driving illegally. Paul is dead because Morales illegally fled from a State Trooper and that trooper engaged Morales in a high-speed pursuit.

Paul was an amazing young man. He graduated Magna Cum Laude from Tufts University in 2006 and was working as an insurance claims adjuster. He had taken his LSATs and planned to attend law school in 2008. Paul had absolutely everything going for him. Javier Morales killed him.

This was not an “accident,” but rather Morales’ deliberate and criminal flight from the police that caused Paul’s death. The borrowed SUV was going 76 mph, without headlights, on a narrow street in the most densely populated city in all New England. Whether Javier Morales had fired a gun that night or because he drove a 4,000-pound SUV that ripped Paul from the taxi – the result was the death of both Paul and Walid Chahine. Javier Morales killed them. Additionally, Katelyn Hoyt was so severely injured that she was unconscious for nearly four weeks. She remained in Massachusetts General Hospital for four months and continued rehabilitation with her parents in New York before finally being able to return to Boston.

As you can see from Morales’ lengthy arrest history below, since 1995 he drove illegally many times; he committed other crimes; he hurt people; and never displayed even the slightest remorse.

It is frighteningly obvious to us that when Morales is released from prison he will slide behind the wheel of a car. He will drive illegally. He will certainly run if pursued by law enforcement. And he will most assuredly injure, maim or kill another innocent victim.

From the summary below you can see Morales’ criminal history and the inordinate number of times he was given another chance, released and forgiven. And as a result of those previous decisions, on May 27, 2007 he crossed the threshold from petty criminal to murderer.

He deliberately ran from the police while illegally driving, and at that time our son and Scott’s brother, Paul Farris and Walid Chahine were both killed.

In 2011, after waiting several years for Morales to be deemed mentally competent to stand trial, he received two sentences of 15-20 years to be served concurrently. That was a very small price to pay for killing two innocent bystanders (Paul & Walid) and for the grievous injuries to a third victim (Katelyn).

Even taking into account time served beginning on May 27, 2007, Morales has served less than 13 years of his sentence. And he has done virtually nothing to redeem or better himself during these 12-plus years in prison.

Releasing Morales before he serves at least the minimum 15-year sentence would be a travesty and a great injustice to Paul, Walid, Katelyn and our grieving families. Morales skated away from far too many arrests and convictions, most for driving illegally, and there is simply no valid reason for him to be released early.

From the bottom of our hearts, we implore you to deny Morales’ parole.

Respectfully,

Jonathan, Roberta & Scott Farris
Jon@PursuitForChange.org
PaulFarris.org
PursuitForChange.org

Javier Morales’ arrest history (as of 5/29/2007)

When Javier Morales faced his first adult arraignment on May 24, 1995, it was twelve years before the fatal May 27, 2007 crash involving Jessica LeBlanc’s father’s car driven by Morales. Our son Paul Farris, one victim of the 2007 crash, was 14 the first time his accused murder stood before a judge.

These are the charges Morales has stood before judges on:

On May 24, 1995 Morales was arraigned in South Boston District Court for a compulsory insurance violation and operating a motor vehicle without a license. Morales defaulted, did not show up to court to answer for the charges and warrants were issued. Both charges were dismissed on May 1, 2001.

On Aug. 23, 1995 Morales was arraigned in Brookline District Court and charged with a compulsory insurance violation. The case was closed on Sept. 22, 1995 when the case was ruled nolle prosequi, which means the charges were dismissed as if they had never been brought because of insufficient evidence.

On May 24, 1996 Morales was arraigned in Dedham District Court and charged with trespassing. The trial was continued until Aug 7, 1999 and charges were continued without finding, which means the accused does not have a guilty plea entered on his or her record, but must comply with terms of probation. One year later, Morales defaulted on an order to pay court costs and a fine to the victim witness fund and a default warrant was issued. Four days later, the warrant was withdrawn and police dropped the charges on Sept. 3, 1997.

Morales was arraigned on Aug. 12, 1997 in Lynn District Court for disorderly conduct. The trial was continued until Oct. 3, 1997 and the charge was continued without finding. On April 3, 1998 Morales was sentenced to community service and ordered to pay a fine to the witness victim fund.

On Feb. 3, 1998 Morales appeared in court on allegations that he had violated his probation, which was terminated on April 14, 1998.

On Feb. 3, 1998 Morales was in Lynn District Court answering to charges of assault and battery, a possible violation of his probation. The trial was continued and on April 14, 1998 he was found guilty and sentenced to probation. Morales defaulted on paying into the victim witness fund on Aug. 2, 1999, but the default was removed the next day and police dismissed the charge on Dec. 3, 1999.

On April 30, 2001 Morales was arraigned in West Roxbury District Court on charges of malicious destruction of property, attempted larceny, possession of burglarious tools, and breaking and entering in the nighttime with intent to commit a felony. His trial was continued and he was issued a one-year suspended sentence on July 17, 2001. His trial was brought forward on Oct. 12, 2001 because of a probation violation. A judge issued a violation of probation finding and continued the trial to Jan. 17, 2003 at which time Morales was ordered to pay into the victim witness fund and his probation was terminated.

On Oct. 12, 2001 Morales was charged with operating a motor vehicle with a suspended license, attaching the wrong motor vehicle plates, and compulsory insurance violation. A judge ordered him to pay court costs for all three charges and the trial was continued to March 4, 2002. Morales defaulted, the default was removed, and the trial was continued to June 24, 2002. Morales defaulted again, but the default was removed on July 2, 2002 and the charges were dismissed.

On June 4, 2004 Morales was charged with operating a motor vehicle with a suspended license in Roxbury District Court. The trial was continued to Aug. 12, 2004 and a default warrant was issued when Morales did not show up. The default was removed on Sept. 14, 2004 and the trial was continued to Nov. 30, 2004. Morales again defaulted, the default was removed on Feb. 18, 2005 and the trial continued to April 29, 2005, when he defaulted again and a warrant was issued. On Dec. 1, 2005 the default was removed and the charge was dismissed.

On Oct. 14, 2004 Morales was charged with operating a motor vehicle with a suspended license and knowingly receiving stolen property (a motor vehicle) in Somerville District Court. He had a jury trial and was found guilty of the license violation on Sept. 28, 2005. The other charge was dismissed. He was sentenced to a 10-day suspended sentence, which was terminated on Nov. 30, 2005.

On Nov. 17, 2005 Morales was arraigned on the charge of operating a vehicle with a suspended license in Concord District Court. He was in court on Dec. 27, 2005; Jan. 30, 2006; and on March 7, 2006 he was found guilty. Morales was sentenced to supervised probation and received a 10-day suspended sentence. He was ordered to pay a fine to the victim witness fund on Sept. 6, 2006 and defaulted on Oct. 31, 2006.

On May 29, 2007 Morales was arraigned from his hospital bed at Massachusetts General Hospital for Somerville District Court on the following charges: motor vehicular homicide by negligent operation, failure to stop for police, negligent operation of a motor vehicle, speeding, larceny of a motor vehicle, operation of a motor vehicle with a suspended license (subsequent offense), 10 counts of failure to stop or yield, marked lanes violation, breakdown lane violation, motor vehicle lights violation, improper turn. He was ordered held on $100,000 cash bail and a pre-trial conference has been scheduled for Jun 29, 2007.

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