Watkins Glen man who killed classmate was denied parole. Why another hearing is scheduled
A "legal error" has resulted in an additional parole hearing for a former Watkins Glen resident who confessed to brutally murdering a high school classmate 23 years ago.
Joshua Horein, 39, was 16 when he bludgeoned 15-year-old Amber Brockway to death in August 2000.
Days away from going to trial early in 2001, he pleaded guilty to second-degree murder and was sentenced to 20 years to life in prison by then-Schuyler County Judge J.C. Argetsinger.
Horein was denied parole after a hearing eight months ago — parole hearings are typically conducted every two years — but is scheduled to have another appearance before the parole board in September, due to what Nicole Sheremeta, spokesperson for the state Department of Corrections and Community Supervision, called a "legal error" in the board decision.
Why a new parole hearing date was set
Following the Dec. 20, 2022 hearing, the parole board set Horein's next scheduled appearance for June 2024, Sheremeta said. That date still stands.
However, a "de novo interview" — essentially a repeat of the prior decision — has also been scheduled for Sept. 23 due to a "legal error" in the board decision, Sheremeta said. She did not specify what that error was.
The Elmira Star-Gazette has requested documents related to Horein's December 2022 parole hearing through a Freedom of Information request. Agencies are given five business days to respond to such requests.
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Horein is currently incarcerated at the Fishkill Correctional Facility in Beacon, New York.
Schuyler County District Attorney Joseph Fazzary, who prosecuted Horein, said this will be his seventh appearance in front of the state Parole Board since October 2019.
Fazzary said Amber's mother, Joanne Brockway, testified before the board again on Aug. 4.
"Every time, (Amber's) mother has to suffer the agony of testifying and then wondering if her daughter’s killer will be released from prison," he said.
New hearings must be scheduled within 24 months when parole is denied in New York, Sheremeta said. The statute does not prohibit hearings from happening sooner. Those who have been denied parole can also file to appeal the board's decision.
Fazzary said he believes the frequency of such hearings should be limited.
"That’s not justice and the system needs to be revamped," he said. "Victims should never have to undergo this kind of torture just to keep a cold-blooded killer behind bars."
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This article originally appeared on Elmira Star-Gazette: 'Legal error' in Amber Brockway's killer's parole hearing: What's next
