BUFFALO, N.Y. — Richard LaBarbera's time behind bars for the 1980 rape and murder of a 16-year-old girl has come to an end.
Senator Robert Ortt is infuriated by the decision. He told 2 on Your Side, "There is no community in New York State that I would ever recommend he should be. He should be in jail."
But he's not going to just any community. The state ordered him to relocate to Buffalo, several counties away from the victim's family.
"You think it's little consolation to her mother that Mr. LaBarbera is walking around Buffalo ... she can't see him," Ortt said. "She's not gonna bump into him at the grocery store. She's not gonna bump into him when she's out walking her dog but she knows he's out walking around places like Western New York, where he can victimize somebody else."
Senator Ortt believes the state parole board's decision is a part of a bigger trend encouraged by Governor Andrew Cuomo's administration. He describes it as putting the rights of criminals over the safety of law-abiding citizens.
Western New York State Senator Chris Jacobs also feels this way. That's why he's taking his concerns to Albany.
"I'm gonna fight, first and foremost, that I think the parole board should reconsider paroling this person who killed an innocent teenager walking home from the library in the '80s, and I think this person should go back to jail," Jacobs said.
LaBarbera's co-defendant was not paroled, and Jacobs believes that highlights a major flaw in the system.
He's now sponsoring a bill that would change the way the parole board makes decisions.
"The reform we're pushing is that the entire 11-member board has to vote on every parole. So all the perspectives of those parole boardees are brought to the table," Jacobs said.
2 On Your Side reached out to the State Department of Corrections and Community Supervision for a response.
In a statement, it said he was released on July 8 to Community Supervision and will be monitored in Erie County.
2 On Your Side never heard back from the governor's office.
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