SALAMANCA, N.Y. — In less than two days the man convicted of murdering a woman in Salamanca is likely to walk free and the question many have been asking including the victim's family is: Can it be stopped?
The process involves filing a Notice of Rescission that could alter Edward Kindt's parole status but on Monday night the Department of Corrections said in a statement "there is no basis for a rescission at this time."
For the eldest daughter of Penny Brown, Kaitlyn Brown that realization is maddening.
"I had absolutely no reason to believe this was coming at this point in my life," said Kaitlyn Brown.
Brown has spent the past 24 years fighting to keep her mother's killer behind bars but maybe more importantly preserve her memory beyond what happened that day.
"A person really gets painted completely by this heinous crime," Brown said.
Her mother was strangled and raped on a jogging path in Salamanca on Mother's Day in 1999. Edward Kindt, the convicted killer, was 15 years old at the time. When he's released on Wednesday he'll be the same age as his victim from all those years ago.
"A ton of thought has gone into that and I think we're just a shocking example of falling through the cracks of the system," said Brown.
Kaitlyn has testified every two years on behalf of her family and mother and said she was led to believe it carried a lot of weight. The decision by the State Parole Board in February however seemingly contradicted that with no way for them to change it.
Sighing deeply Brown said, "there's no clear way forward and not a lot in place in terms of victim services whatsoever, and um that's almost as shocking as the news itself."
That's why friends have set up a Go Fund Me to help the family pay for counseling and other services because while Kindt spent 24 years in prison Kaitlyn and her sister Bradleigh will serve a life sentence without their mother.
"An extremely, extremely well-loved wonderful person and a tremendous mother to us."
Neither the Governor nor the legislature has the authority to overrule the parole board either.
The only way Kindt's parole could be revoked is if new information about his mental health or actions while in custody is presented before his release on Wednesday which could trigger that second look.