Start of the Hearing
Front and center was a small table. RB was brought in to sit there as the proceedings began. His older, white haired lawyer was on the left. The unkept RB sat on the right. He appeared quite overweight, shackled with chains around his waist, and I assume feet/hands. The hair was unkept, untidy, appeared unwashed, in a pony tail finished with a sloppy tail half pulled through. He did not turn around at this time.
The board had been seated prior to his arrival. From left to right (again facing the board, see the POV in the cover photo), they sat Rafael Ortiz, Sarah B. Coughlin, Toomey Coleman, Tina Hurley (Chair), James Kelcourse, Edith Alexander, and Charlene Bonner.
Tina Hurley had her opening remarks where she explained why we were there and the order of the proceedings. She reviewed that on 12/24/13, the SJC ruled that juveniles could not exceed 15 years in prison without chance of parole. As RB was incarcerated from 1992-2013, he exceeded that 15 years and was therefore immediately eligible for parole. He chose to pass on the initial 2014 parole and again in 2019.
Tina explained that RB and/or his lawyer would be given the opportunity to provide opening statements, followed by a Q/A session from the board, following by family statements, and then closing statements by the DA and RBs lawyer/RB. The order of questions were done as follows:
Tina, Tonomey, Sarah, Rafael, Charlene, Edith, James, back to Tina.
Tina also swore in RB and the four family members slated to speak.
The board had been seated prior to his arrival. From left to right (again facing the board, see the POV in the cover photo), they sat Rafael Ortiz, Sarah B. Coughlin, Toomey Coleman, Tina Hurley (Chair), James Kelcourse, Edith Alexander, and Charlene Bonner.
Tina Hurley had her opening remarks where she explained why we were there and the order of the proceedings. She reviewed that on 12/24/13, the SJC ruled that juveniles could not exceed 15 years in prison without chance of parole. As RB was incarcerated from 1992-2013, he exceeded that 15 years and was therefore immediately eligible for parole. He chose to pass on the initial 2014 parole and again in 2019.
Tina explained that RB and/or his lawyer would be given the opportunity to provide opening statements, followed by a Q/A session from the board, following by family statements, and then closing statements by the DA and RBs lawyer/RB. The order of questions were done as follows:
Tina, Tonomey, Sarah, Rafael, Charlene, Edith, James, back to Tina.
Tina also swore in RB and the four family members slated to speak.
Parole Board Profiles
Profiles of the Board from the Parole Board website
Tina M. Hurley
Tina M. Hurley is the Chair of the Massachusetts Parole Board as well as the Commissioner of the Interstate Compact for Massachusetts. She was confirmed to her second term with the Board in November 2022. She has over 37 years of experience in the fields of parole and juvenile rehabilitation, including service as a parole officer, supervisor, manager, hearings examiner, and Parole Board member. She received her B.S. in Criminal Justice from Northeastern University and her Masters in Public Affairs from the John W. McCormack Institute of Public Affairs at the University of Massachusetts.
Dr. Charlene Bonner
Dr. Charlene Bonner has served as a member of the Parole Board since 2011, and was confirmed to her third term in June 2019. She is a certified Designated Forensic Psychologist (DFP), who also has expertise in substance use disorders. In the past, she has served as the Clinical and Administrative Director of Bournewood Hospital’s Ambulatory Services, a Juvenile and Adult Court Clinician, and a Lecturer at Saint Anselm College, where she taught a variety of courses in Psychology. She has over thirty years of experience in the diagnosis and treatment of mental health and substance use disorders. She was certified as a Licensed Alcohol and Drug Counselor (LADCI) in 2003. She is also the president of a non-profit 501 (c) 3 foundation. Dr. Bonner has a Bachelor of Arts from Saint Anselm College, a Master of Education from Bridgewater State University, and a Doctoral Degree from William James College.
Tonomey Coleman, Esq.
Tonomey Coleman was confirmed to serve a third term as a member of the Parole Board in November 2022. He is an attorney with 21 years of prior legal experience, which includes his two years of service as a law clerk and his 19 years of practice in civil and criminal law. Board Member Coleman earned a Bachelor of Business Administration from Baruch College and a Juris Doctorate from Boston College Law School.
James M. Kelcourse
James M. Kelcourse was appointed as a member of the Parole Board in June 2022. He is an attorney with a background in criminal defense and civil litigation. He has also served four terms in the Massachusetts House of Representatives. He received a B.S./B.A. in Management, and a Master of Business Administration from Villanova University. He also has a Juris Doctorate degree from the Massachusetts School of Law.
Sarah B. Coughlin, LICSW LADC-I
Sarah B. Coughlin is a licensed clinical social worker, an alcohol and drug counselor, and a certified recovery coach supervisor. She was confirmed to the Board in September 2023. Prior to joining the Board, she worked for over a decade in public health at Massachusetts General Hospital where she oversaw a multi-sector coalition aimed at addressing the social determinants of health inequities. She has a wide range of experiences including violence prevention, restorative justice, and healing the traumas that lead to and result from involvement in the carceral system. She has a private therapy practice in Boston. She also serves as a social work expert and vendor for state and federal defense attorneys, providing comprehensive aid in sentencing reports, substance use assessments, re-entry plans, as well as expert testimony at criminal trials, violation hearings, and child protection cases. Sarah is a zealous advocate for criminal legal reform, the use of science-based approaches to address drug use and addiction, and dismantling the systemic factors at the foundation of both racial and economic inequities.
Edith J. Alexander, BSW, M.Ed
Edith Alexander was confirmed to the Board in November 2023. Edith has been a leader in her community for decades. Her career began at Perrin House Community Services in Boston where she ran a residential program for new and expectant mothers in recovery. She began working in probation in 1999 and was a longtime Probation Officer at the Roxbury Division of the Boston Municipal Court (BMC). At the BMC, she assisted in running the court's CHOICE Program, a comprehensive 18-month program established in 2010, aimed at reducing recidivism among young adults (ages 17 to 24) who were on probation at BMC-Roxbury. Participants of the program are on intensive probation supervision and are expected to attend educational and job training programs. Edith is a Restorative Practitioner, Advocate of Restorative Practices and Certified Circle Keeper.
Tina M. Hurley
Tina M. Hurley is the Chair of the Massachusetts Parole Board as well as the Commissioner of the Interstate Compact for Massachusetts. She was confirmed to her second term with the Board in November 2022. She has over 37 years of experience in the fields of parole and juvenile rehabilitation, including service as a parole officer, supervisor, manager, hearings examiner, and Parole Board member. She received her B.S. in Criminal Justice from Northeastern University and her Masters in Public Affairs from the John W. McCormack Institute of Public Affairs at the University of Massachusetts.
Dr. Charlene Bonner
Dr. Charlene Bonner has served as a member of the Parole Board since 2011, and was confirmed to her third term in June 2019. She is a certified Designated Forensic Psychologist (DFP), who also has expertise in substance use disorders. In the past, she has served as the Clinical and Administrative Director of Bournewood Hospital’s Ambulatory Services, a Juvenile and Adult Court Clinician, and a Lecturer at Saint Anselm College, where she taught a variety of courses in Psychology. She has over thirty years of experience in the diagnosis and treatment of mental health and substance use disorders. She was certified as a Licensed Alcohol and Drug Counselor (LADCI) in 2003. She is also the president of a non-profit 501 (c) 3 foundation. Dr. Bonner has a Bachelor of Arts from Saint Anselm College, a Master of Education from Bridgewater State University, and a Doctoral Degree from William James College.
Tonomey Coleman, Esq.
Tonomey Coleman was confirmed to serve a third term as a member of the Parole Board in November 2022. He is an attorney with 21 years of prior legal experience, which includes his two years of service as a law clerk and his 19 years of practice in civil and criminal law. Board Member Coleman earned a Bachelor of Business Administration from Baruch College and a Juris Doctorate from Boston College Law School.
James M. Kelcourse
James M. Kelcourse was appointed as a member of the Parole Board in June 2022. He is an attorney with a background in criminal defense and civil litigation. He has also served four terms in the Massachusetts House of Representatives. He received a B.S./B.A. in Management, and a Master of Business Administration from Villanova University. He also has a Juris Doctorate degree from the Massachusetts School of Law.
Sarah B. Coughlin, LICSW LADC-I
Sarah B. Coughlin is a licensed clinical social worker, an alcohol and drug counselor, and a certified recovery coach supervisor. She was confirmed to the Board in September 2023. Prior to joining the Board, she worked for over a decade in public health at Massachusetts General Hospital where she oversaw a multi-sector coalition aimed at addressing the social determinants of health inequities. She has a wide range of experiences including violence prevention, restorative justice, and healing the traumas that lead to and result from involvement in the carceral system. She has a private therapy practice in Boston. She also serves as a social work expert and vendor for state and federal defense attorneys, providing comprehensive aid in sentencing reports, substance use assessments, re-entry plans, as well as expert testimony at criminal trials, violation hearings, and child protection cases. Sarah is a zealous advocate for criminal legal reform, the use of science-based approaches to address drug use and addiction, and dismantling the systemic factors at the foundation of both racial and economic inequities.
Edith J. Alexander, BSW, M.Ed
Edith Alexander was confirmed to the Board in November 2023. Edith has been a leader in her community for decades. Her career began at Perrin House Community Services in Boston where she ran a residential program for new and expectant mothers in recovery. She began working in probation in 1999 and was a longtime Probation Officer at the Roxbury Division of the Boston Municipal Court (BMC). At the BMC, she assisted in running the court's CHOICE Program, a comprehensive 18-month program established in 2010, aimed at reducing recidivism among young adults (ages 17 to 24) who were on probation at BMC-Roxbury. Participants of the program are on intensive probation supervision and are expected to attend educational and job training programs. Edith is a Restorative Practitioner, Advocate of Restorative Practices and Certified Circle Keeper.
RB Opening Statement
- Claims he dated BB (note SB stated emphatically in his speech to the Parole Board that BB told them she’d never dated RB)
- Claims they broke up in August 1992 (note: later he will respond to a Parole Board question that he didn’t know when they officially broke up, that the letters slowly stopped, so he assumed it just dissolved)
- Tried to convince BB for the next couple months to start the relationship again (consistent with court records)
- BB said she only wanted to be friends (consistent with court records)
- Was adamant that he acted alone and SAH was not involved in the planning (consistent with court records)
- RB claimed to have later found out SAH kissed BB and it upset him (note: SAH states this was known in the summer prior to RB’s interest in BB)
- RB took Xanax from his father's table plus alcohol (as in he picked them up, not that he ingested these items at this time) (note: he later says he got the wine from SAHs home)
- RB went to SAH and ask SAH to get BB to come over (note: later RB said it was SAHs idea to get BB. Note that the court records show it was entirely RBs idea)
- RB grabbed bat and hit BB 2x in the head
- Before this happened, he claimed to have taken Xanax and alcohol about 45 minutes prior to “the incident” (note: he never used the word murder or murderer today. He also later said he took these items in the presence of SAH, which is not what’s show in the court record)
- Took rest of the Xanax, IB Proffin and alcohol after
- Drove to a nearby field hoping to die from overdose
- He had a fear of hell and changed his mind
- He went into Pentucket High School (note: PHS was closed for the day due to parent teacher conferences) and saw the principal and a teacher
- He asked for help, stating he did something bad
- They asked if he killed someone
- RB said yes, he killed BB
- They got police and placed him into custody
- RB told them SAH was not involved. He said he didn’t contest this in court and told a nurse at the hospital the same
- He understands that his actions are unforgivable. Says he sorry he did this to BB, her family and her friends (note: his responses to the Parole Board questions do not reflect this same statement)
- He’s not trying to excuse his conduct. He alone is responsible for his actions
- He is sorry to his own family and BB’s family
Coleman
(below are mainly RB’s responses to TC’s questions)
- Noted RB was in Old Colony since 2019 and today was first time in front of Parole Board
- Asked why it took so long. RB said when the law first changed and he had potential for parole, an officer came to him. RB claims to have said the wrong thing to the officer that “resulted in a miscommunication.” He was willing to request parole but “whatever <he> said meant postponement.” After several pushes from TC, RB stated that he had requested time to prepare that resulted in the delay.
- At the time he was in Souza-Baranowski Correctional Center. RB said he was in a secure treatment program unit, restricted housing with emphasis on mental health, including 1:1 clinician and group therapy.
- RB says he suffers from mental health issues.
- He was there because he assaulted a corrections officer. The sentence disciplinary unit was an alternate to putting him in a secure unit. The alternative <secure unit> was “harder.”
- RB said it wasn’t a difficult experience being on this sentence disciplinary unit. It was more pleasant than other experiences because he had 1:1 therapy 1x/week and was not in isolation
- RB said in 2019 he was advised to get a psych eval by attorney and “others.” After 2-3 years he became impatient due to a heart condition. His father died at 52 and HIS father died at 52 as well. (note: he later admitted there is no dx of a heart condition, and he is just on blood pressure medication)
- RB confirmed he never got a psych evaluation. Claimed the evaluation wasn’t done in 2019 because of ? (unable to understand).
- Attorney indicated they asked for evaluation before the pandemic (summer of 2019), postponed until the fall….2020? 2021? (The timeline nor proper explanation was clear).
- RB said it was a difficult adjustment. He had multiple suicide attempts plus multiple self-injurious behaviors. RB could not confirm when the last attempt was, but that it was prior to the law changing. He said he was doing it because he had no chance of parole.
- Dx of antisocial personality disorder was brought up. TC asked what that meant
- RB was unable to tell him “anything about it”
- RB says he imagined it was treatable.
- RB says he’s been in treatment for depression, anxiety and impulsivity
- RB said the impulsivity was due to anxiety inducing experiences. Says the impulsivity can be controlled because of these experiences now. RB said that impulsivity is “not an issue under normal circumstances.” (note: what will happen the first time he has a social conflict with the first “Karen” he encounters in public…we all deal with issues outside of normal circumstances….)
- TC brought up the addiction to meth and snorting Wellbutrin. The Wellbutrin was Rx to RB at one time. He appeared to indicate he was snorting Wellbutrin after the Rx was stopped.
- On Wellbutrin (snorting) last time a few months ago for “self medicating” and to “get away.” Then said he’s used it in the last month
- Says this is deterring him from using heavier drugs and wants to minimize use
- Was Rx Wellbutrin for a while in the past for “quite some time”
- Said he was nervous because he’s been “silenced for a long time”
- RB has been working now for 8 months as a “runner” 1/2h each day (note: a runner is someone that helps with handicap people, such as pushing wheelchairs)
- Everyone puts in the same amount of time
- It’s a low paying job
- It doesn’t require much time
- (Note: my understanding is that he was fired from his barber job, but that was not discussed today)
- RB says he spends the rest of his time listening to music and reading.
- TC asked what books he reads.
- “um, um, um”
- RB cannot say what he recently has been reading, then says “indigenous studies” and “spiritual literature"
- RB says he’s been participating in Native American Sacred Pipe Ceremonies 1x/week because his mom is Native American and he’s doing it to “honor and respect her”
- RB discussed the programming he’s been in. He’s only completed 5 programs in 31 years.
- RB noted he was in the 6.5y of secure treatment and attended group regularly. (note, my understanding is that this was the requirement due to the attack on the corrections officer and as an alternate to a harsher unit)
- RB says programs included anger management, the “spectrum”, and “you name it” (ie he was unable to provide much detail)
- TC asked what % of time spent in prison was on programs. RB said low % b/c “he didn’t hope to get out of prison” due to a “false rational” and “warped mind frame” so “why do that” and “why do a college degree”
- RB said he has accepted he’d die in prison. He was "under the impression" he was under punishment there to be "kept from family and friends" (note: tone lacked understanding that he was there b/c he killed someone)
- TC reminded him that in 1992 he went to the field to die and decided he’d rather spend his life in jail than die (……)
- RB says he started programming at least a few years before the law changed (note – this again appears to be a result of the corrections officer beating requirement)
- TC corrected his, stating RB got his GED before the law changed and everything else came after
- RB said he had a “pessimistic mentality that affected him and whoever is living under condemnation”
- (Note sure what this note means) “one with 5 years left that do something for self”
- RB said there was no given ah-ha type moment to better himself. He doesn’t know if he deserves to leave prison, but he would like to. He would like to be with his family to “experience a little bit of family time”
- RB confirmed his mother is still alive and his father died in 1998
- RB said he had a bad adjustment to this. He said his disciplinary record will reflect that.
- (personal note: what will happen if he’s out of prison and his mom dies….how will that “adjustment” go?)
- RB says he’s been in touch with his younger sister and his ½ sister on his father’s side.
- Says he texts and writes letters to them
- (note: mother seen nodding in agreement with this)
- RB says there are a number of family members on a reservation in Canada he’d like to meet one day
- (note at one point he said he’d like to spend time with his mother and his sister, who was robbed of a relationship with him for 32y)
- RB says he didn’t have a chance to defend himself
- Said he saw a teddy bear from a friend and that’s what triggered though to go to SAHs house
- Says w/o the teddy bear, he wouldn't have gone
- TC pressed him significantly on this point, and RB confirmed he’s never told anyone about the bear until once a couple months ago to his attorney
- RB said he assumed it was public knowledge
- RB said SAH left in his vehicle
- RB said he doesn’t remember where it went, if he gave SAH the bear (note, there is no knowledge of this bear by anyone involved or noted in the trial records)
- RB says SAH was insistent about going to get BB from her house to talk (note all court records indicated RB was insistent on going to get BB). RB said “yeah, I wanted to speak to her”
- RB says it wasn’t premeditated and contests that. TC stopped this quickly, pointing out this was determined by a jury
- TC notes that records show Xanax and alcohol were taken afterwards
- RB now says he took the meds/alcohol right at arrival (note, see opening statement when he indicated 45 minutes prior)
- TC noted records showed SAH never saw him consume. RB insists it was in SAH presence, but then says it could have been upstairs.
- RB says SAH pointed to cupboard where alcohol was and he took the wine (note inconsistent with opening statement where he said he took the wine from his father's house)
- TC pointed out that RB told his mom he took Xanax, IBProffin and alcohol after.
- RB responded that he was so blacked out that his answers were "in a stupor"
- RB says he’s certain he took them before and after
- RB says he told principal at school he took them (note: I don’t have a timeline noted on what he supposedly told principal; don’t believe RB clarified)
- TC reminded him that he requested to have his stomach pumped. RB confirmed he received that service
- RB said that Xanax causes inhibition control issues. He said a mental health worker told him it’s a disinhibitor (note: Xanax is a downer, not an upper)
- RB doesn’t want to think he’s “that horrible of a person”. (note: IE doesn’t want to take responsibility)
- RB says he remembers portions of the day. He says he started blacking out within 30 minutes and his memories of the day are “cloudy at best”. RB remembers BB at the house and having a conversation with her. (note TC brought him through each step of the day, and RB recalled each step…..)
- RB remembers a brief discussion over a ring that he or his father had bought for her. He said that speaking about it now is “humiliating.” He requested the ring back from her for closure of the relationship.
- RB said that SAH had kissed BB. That BB said she did not kiss him back. (note: SAH stated this discussion occurred in the summer, before RB was interested in pursuing relationship with BB)
- RB first said he got the ring back, that he was not mad at BB, but felt betrayed by SAH (note later he said he DID not get the ring back)
- RB then said BB had broken the ring and was getting it fixed
- RB says he wasn’t angry at this point and that the conversation was not about getting together
- RB asked about why they broke up
- RB said he didn’t know when they broke up, that they wrote letters, and they stopped writing letters, but he doesn’t remember the “dating status” to discontinue the relationship. (Note opening statement where he said they broke up in August. Note later statement made by Stephen Brodie that BB told them she’d never, ever dated him)
- TC brought up the discussion of the bat
- RB remembers getting it
- BB and RB left the house at the same time. BB went to return to her house. RB was at his car and signaled back that he was not done talking. (Note his voice became very clear and anger. It was obvious in his voice as he said he told her:) “I’m not done talking to you. GET BACK IN THE HOUSE.” (note: nearly all responses to the parole board today were a lot of vague answers, ums, and ahs. Yes this one particular sentence was quick and loudly stated, as though he was reliving it)
- He then did a sidebar that the Xanax made him “rude and demanding” and he didn’t normally talk to people like that (please see later statement about the nurse under Edith's section)
- RB says he wished she hadn’t gone back in the house, but she did. Says he doesn’t know why she listened to him (note TC remarked about him blaming BB for going back in the house)
- BB went in the house and he got the bat b/c he wanted to scare her and get the ring back
- TC said that RB asked her several times if she was scared, but RB says he doesn’t remember saying that
- TC said that BB didn’t appear to take him seriously and to “stop being a retard.” (note it appeared TC was trying to illicit some type of emotional response from RB. RB was stoic, disconnected, long pauses in all his answers, and emotionless)
- RB said the Xanax dulled his minds ability to think rationally and clearly
- TC said RB wasn’t getting the reaction he wanted to get. RB said he had “no good answer if he <stopped and> thought about it”
- TC said the first force broke her arm and she fell, do you remember that? RB says yes
- RB is unable to recall feelings during this time. But he does recall “panicking and coming to a moment of sobriety” RB remembers thinking she was in pain and swinging the bat to end whatever pain she was in. RB claims it was a mercy killing
- RB says that people have told him he should be mad at SAH
- RB says he doesn’t talk about the day unless directly asked because he’s "humiliated and embarrassed”. RB says the last time he talked about it was a couple months ago b/c a clinician wanted to know if he had any memories of the incident. He said he only shared what he could and what he felt “was appropriate.” (note: tone was that he didn’t get into much detail with her)
- RB says he “hopes he has worked on it” (meaning his feelings that day). Says he hoped he “put a distinct effort into undoing the wrong” but said he doesn’t have “direct knowledge” on what he’s done to accomplish this. RB confirmed his is not in a group now to address these issues
- TC brought up the xfer hearing from juvenile to adult. TC pointed out the concern over anger, violent behavior and vengeance leading up to the murder. TC said he assaulted his sister and during games he assaulted others. TC pointed out history of violent tendencies and impulse control issues
- RB responded that this was not within his character. Said “If” there were prior incidents he says they were nowhere near the level of “this” (referencing death of BB). RB says he’s only hurt 2 indigenous people – his mother in childbirth and his sister with an arrow in the knee he took apart (this is brought up again later)
- Incidents
- TC brought up that RB was convicted of attempt to kill an inmate in 1999 via strangulation with a towel, plus assault and battery when person was unconscious. He received 5 additional prison years as a result. Said he tried to strangle the prisoner with a towel, and thought he’d killed him. Then saw him breathing, and strangled him again, slamming head into the ground
- TC then brought up another incident in 2008 with a corrections officer, stomping on the officer when he was on the ground (note: more info coming later on this point)
- RB said he “purposefully exaggerated the details to get out.” (note: sounded like he meant he was exaggerating the conditions to get out of max security? Or get out of the situation? Wasn’t clear who was exaggerating what in my notes). RB confirmed he believed the guy was unconscious. TC asked what was the exaggerated part. RB said he "had no good answer for that when he was questioned afterwards" (note: again, every answer required a lengthy pause to respond)
- TC asked when the most recent volent incident was. 10/22. RB says he was attacked but he didn’t fight back, and that he pled guilty but it was a “mistake of pleading guilty” stating “if you don’t plead guilty, they find you <guilty?> for something worse”
- TC said there was a 4/21 incident of threatening staff. And 2 fights with staff in 2020. TC asked how you control your impulses. RB responded “you have a bad understanding of me” and that he did it because “no hope in getting out.” Says that “someone else forced him into a bad situation and that these are outside normal circumstances.” He said his circumstances contributed to the way he was thinking, “Maybe not ideally and I wish I had a better explanation”
- RB says if he’s "shot down today," he will probably die in prison b/c of heart condition. He confirms there is no formal dx of a heart condition and that he’s on something for blood pressure.
- RB says he cannot say anything to defend himself
- RB says the 30y served works towards some type of reconciliation or if he can be forgiven and what he served would be considered justice
- TC asked if he’s learned anything about empathy or insight – RB said he “probably could rot and never learn another thing” (in prison). He then spoke about being on grounds stolen from his ancestors, that he’s with his ancestors, and he’s “not with the white community.”
- RB spoke about learning the Sacred Pipe, which is about “respect” and the “Black path”
- TC brought up the substance abuse
- RB said he has had “minor setbacks” and is on MAT programs
- RB says he’s doing better on program
- TC pointed out RB was on suboxone for 8 years – RB confirmed it was “multiple years – consistently
- Any concerns on relapsing? RB says he has an antidrug mentality despite his practices in prison and that this is confined to that setting and he’d be motivated to lead a clean life if given the opportunity
- What would a clean life look like? RB says he would remain in meth treatment, have a personal counselor. He says his mom and sister would take make sure for him (note mom was seen nodding)
- TC said he was on Cymbalta for depression and ??? for mood stabilizer
- RB said he was on Cymbalta for a few years. This it’s helped him “not feel” and that it was helping with his mood. RB says mood isn’t an issue now that he’s on the stabilizer (note the continued violent incidents)
Coughlin
- RB said he cannot imagine how BBs family feels
- RB wishes this proceeding was in private so BBs family doesn’t have to be subjected to the comments (note, the family is there voluntarily……)
- He says it “Fills him with regret” and he’s taking drugs to forget the feeling of guilt
- He want forgiveness from the family (note: Dawn in her statement he will never, ever receive forgiveness and do NOT ask again)
- SC pointed out the last psych eval was in early 90s. encourages him to get a new eval. She is concerned he won’t discuss the day of the murder in treatment
- SC asks what issues do you need to work on. RB responds
- Understanding what led up to the crime
- Understanding components of the psyche
- What happened before and day of
- (note he never ever this day said the word murder)
- SC confirm that’s what he should be working on, but then talks about violence reduction classes years ago and still fights afterwards
- RB brings up that he was feeding birds when one of these incidents happened. He was honoring spirits and offering seeds and corn to the birds.
- Says the fight was prompted bc a dog trainer didn’t like that he was giving food where he trains
- Says the out of respect for his religious beliefs, the trainer shouldn’t have been mad at him
- SC says get more counseling
Ortiz
- RO asks RB if BB gets to visit her family? (note at some point RB commented that he hasn’t had a family visit in 5y, and this is what prompted ROs question)
- RO asks if RB has any plans to follow the news after this
- RB says no because before he was so embarrassed, humiliated and frightened
- RB went back to Xanax and saying that after taking it, you can run up and down the street without pants on and then have to explain yourself
- RB says that he took Xanax in Merrimac about 2-3mg and a gulp of someone beer. He also took it 7/4/92 before fireworks show
- RO asked if he ever offered the Xanax to someone else or put it in their drinks
- RB said he never put it in someone’s drink, and at first said he never gave to anyone, but then said he did offer it to somehow
- (note: this line of questioning was unclear. It appears RO may have had additional information on some incident, but it wasn’t clear)
- RO asked about violence before murder. RB said on a few occasions he said he lost his temper at a game. Maybe 3-4 times
- RB said that nobody encouraged him to kill BB. RO pointed out that in anything, he was being encouraged to stop by SAH
- RB says he’s “ashamed” and “humiliated” and that “killing of another human is a shameful thing”
- RO asked if RB has thought about BBs family and friends and dreading this day.
- RB says he “try not to think about it”
- RO: Do you deserve to be on parole.
- RB: Idk if the word deserves is suitable but after 30y of what amounts to one of the most severed punishments, he hopes that society would be lenient or merciful “but whether I deserve it, IDK”
- RO: Did you say anything to your parents after the murder
- RB: the things he said “are mortifyingly embarrassing”
- RO: you told them you were on a “mission to kill Beth” (mom is noted to be shaking her head emphatically no).
- RB: says he doesn’t remember saying that but agrees he said bizarre things because of the Xanax
- (note: At one point RB said that his sister had major surgery and that’s why she wasn’t there today. I don’t recall when he said it, but had placed it in my notes here because I realized I hadn’t written it earlier)
- RO asked about his commentary over hurting people before. RB says he’s only talked about hurting 2 indigenous people as a way to console yourself b/c he was accused of doing something horrible, and it came out not right, and asks “your pardon” for that. He said it b/c "the thought occurred to him"
Bonner
- CB says he’s takes responsibility for remarks b/c of Xanax (note versus personal responsibility)
- CB says he’s not being truthful with himself
- CB asked who Jamie Fuller was
- RB said he was convicted of a similar crime to his
- CB pointed out RB referenced JF’s name in the hospital
- RB says he remember reading about JF in the newspaper
- CB comments about notoriety in the paper and that RB needs to consider that connection (ie. The interest in the notoriety since he followed news after BB death to see people’s reactions)
- The xfer hearing happened because the doctors said he wouldn’t be rehabilitated by his 21st birthday and he needed an additional 1-2 years of intensive therapy beyond that
- CB noted he hasn’t done any of that
- CB gave him the out that maybe RB didn’t have the opportunity to do that type of therapy, but RB didn’t respond on that point
- RB contests that he doesn’t have antisocial personality disorder. Attorney said that some employees feel this dx was wrong, but that employees cannot dx him (at one point he said he had Borderline Personality Disorder, and the Board pointed out there was no formal diagnosis of that, and reminded him of his refusal to have an updated psych eval)
- RB said he felt paternal history determines he won’t be here in 5-10y and that’s why he won’t do an evaluation
- CB pointed out that Wellbutrin is a “poor mans cocaine”
Alexander
- RB says he feels the deterrent effect is the suffering he feels in prison and it’ll stop him from doing more
- RB feels he hasn’t done enough work because he gave into the notion that there’s no hope
- EA notes he has done limited programs. What have you learned in those programs
- RB says he didn’t prepare himself for a question like that
- RB says he participated in groups and he participated in a meaningful way, but he cannot give examples because no books were involved in the program (yes, his answers were as bizarre as these notes reflect)
- RB feels he was sincere in his participation b/c he showed up
- RB cannot explain through what he’s done in the meetings other than show up. He said that they were very nice people and he was using in those days but too embarrassed to admit it
- EA lifts up and flips through quite the large stack of disciplinary reports. She only focuses on incident, though she notes lying and insolence as issues. There was a nurse being escorted to dispense meds. As they walked by RBs cell, he asked her name and she didn’t response. He said “you’re a fucking cunt. Go fuck yourself. You must be going through a midlife crisis.”
- RB response: that portrays me in a very ugly light
Kelcourse
- Notes that 1992 was a PTA day. The school was out, everyone had day off. RB had gone to Rockingham Mall the day before with BB and SAH. RB said it seemed like a normal day.
- Discussion about RB telling SAH that he was depressed having moved to Peabody away from his friends.
- He pushed RB about when he consumed Xanax, and RB said inside SAHs doorway he took the wine and Xanax (note early reminder from board that there’s no evidence of this)
- Discussion about the teddy bear again, and RB said SAH bought it for Lisa, and it reminded RB of the day before (but note RB said the day before was a normal day)
- JH notes 174 incidents reports and asks how many were under the influence. He asks about the 2022 fight and if he was under the influence. RB says he doesn’t remember. JH notes no drugs were noted with other incidents
- JH notes RB has work to do and needs to understand what drove him to commit murder
- RB said he’s no expert in mental health evaluations and asking for benefit of doubt
- RB says he will “do my darndest to not offend”
Hurley (wrap-up)
- RB: If he could take back one action, it would be to not have left his house (note: DA in closing statement asked why it wasn’t taking back the death of BB)
- RB says he doesn’t know what the family is going through
- TH notes in interview from 92 that he is very bright, high achieving, out of school for a full year due to pneumonia, and that’s when his friends noticed a change in him, so his behavior had been noticeable to others
Kellie Brodie
- To be shared at her discretion
- (Note I observed RB to be muttering to himself during her speech. He showed no emotion and did not look toward her direction)
Dawn Brodie
- To be shared at her discretion
- She did make it very clear that forgiveness will never be an option and to stop asking for it
- (Note: RB was not observed to be muttering during her speech. He continued to show no emotion and did not look toward her direction
Sean Aylward
- To be shared at his discretion
- (Note: interestingly he discussed his own feelings of guilt over Beth’s death. It was in stark contrast to RB’s responses to the parole board where he articulated little to no emotional processing in the 32y since Beth has been gone. Why is the family going through the emotional process that RB cannot go through himself. It says a lot about RB, doesn’t it?)
- (Note: RB was observed muttering to himself and continue to show now emotion)
Stephen Brodie
- To be shared at his discretion
- (Note: RB turned around completely in his chair at the beginning of SB’s speech. He mouthed to his mother that he loved her. He then stared in the direction of Dawn, Sean, Danielle, etc. and appeared to be looking for eye contact with whomever would provide it. It lasted for approximately one minute or so before the guards picked up on the problem. They physically moved his chair to face him forward and verbally reprimanded him heavily. He did not turn around again. His profile could not be seen thereafter)
District Attorney (closing statement)
- Rebutted much of the testimony given by RB
- Reminded parole board that RB told his father for 1 month he was planning the murder
- Said RB took pleasure in making BB repeat his threat to SAH
- SAH was begging him to stop, not encouraging it
- At the xfer hearing and trial, RB had 2x to tell his side and also 4x to experts (note: underlying intension was rebutting RBs statement that he had no opportunity to defend himself)
- Who he was is who he continues to be. He was not just some juvenile. He strangled a person twice. In 2008 he severely beat an unconscious correctional officer.
- He has 174 D reports, including weapons and disobedience
- Over 50 suicide attempts
- He obtained and took illegal drugs and abused his prescriptions
- He’s attended 5 programs in over 30 years, 4 while eligible for parole. The most he can recount of those programs is that he “showed up”
- He said he’s learned about the sacred pipe for 4-5 years, and it’s about “Respect and honor” but in 2021 he said he was spiritual and at war with all correction officers
- In 2022 he was in a fight
- He’s taken no substance abuse programs and no domestic violence programs
- He blames others and plays the victim
- In 2008 he claimed to have borderline personality disorder, but has not done evaluations
- Blames BB for returning to the house (note instead of accepting responsibility for his actions)
- His version is made up and excuses. There is no understanding in what he did. He said (note: and we all quote!) “I could rot in here and learn nothing new”
RB Attorney (closing statement)
- His own attorney said “I don’t expect you to grant parole”
- Requested time leniency for next hearing for RB to go through his intensive therapy.