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(Rick Miller/Olean Star) Cattaraugus County Undersheriff Eric Butler updated county lawmakers on the arrest of Edward Kindt in Salamanca on July 24 after he absconded from parole oversight in Duchess County six days earlier.
(Rick Miller/Olean Star) Cattaraugus County Undersheriff Eric Butler updated county lawmakers on the arrest of Edward Kindt in Salamanca on July 24 after he absconded from parole oversight in Duchess County six days earlier.

Kindt due for court hearing on parole violation Thursday

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By RICK MILLER

Olean Star

Cattaraugus County officials will learn Thursday whether their comments regarding Edward Kindt fleeing parole supervision for six days until his arrest in Salamanca last Wednesday will send him back to state prison or not.

Kindt was convicted of raping and murdering Penny Brown of Salamanca as she jogged along the Old Pennsy Railroad bed on Mother’s Day 1999. He was sentenced to nine years to life, but was paroled last year over the objections of Brown’s family, local police and elected officials.   

Three hours after being notified by state parole officials that Kindt had left his group home in Poughkeepsie, members of the Cattaraugus County Sheriff’s Office arrested Kindt without incident at the home he grew up in on West Avenue in Salamanca. 

The Seneca Nation Tribal Council earlier this year extended a year-long banishment of Kinbdt from the Seneca territory. 

Seneca President Rickey Armstrong Sr., issued a statement last week criticizing the Parole Board be held accountable for its failure in judgment and for allowing him to walk away from his Dutchess County parole obligations.

On Thursday, Kindt, 41, is scheduled to appear before an administrative law judge from the state Department of Corrections and Community Supervision (DOCCS) who will determine whether he will return to prison to resume his nine years to life sentence for murdering Penny Brown.

(DOCCS photo)

Edward Kindt, who was convicted of murdering Penny Brown of Salamanca in 1999, faces a parole hearing on Thursday after his arrest last week in Salamanca.
(DOCCS photo) Edward Kindt, who was convicted of murdering Penny Brown of Salamanca in 1999, faces a parole hearing on Thursday after his arrest last week in Salamanca.

Cattaraugus County lawmakers unanimously approved a resolution last week thanking sheriff’s deputies and others for moving quickly to apprehend Kindt after being notified by DOCCS at 10:30 p.m. Tuesday, July 23.

County legislators were critical of DOCCS for failing to properly monitor Kindt and not notifying local law enforcement in a timely manner. County lawmakers also called for the removal of the two members of the Parole Board who voted to release Kindt from prison.

He was 15 when he Killed Penny Brown and 16 when he was convicted. He was sentenced as a juvenile to the maximum allowed.

Also speaking at last Wednesday’s county legislature meeting was Assemblyman Joseph Giglio of Gowanda, who, along with State Sen. George Borrello of Sunset bay, sent a letter to Gov. Kathy Hochul, criticizing DOCCS and asking her to investigate the incident involving Kindt.

(Rick Miller/Olean Star)

Assemblyman Joseph Giglio speaks to Cattaraugus County legislators last week on the failure of the parole system that led to Edward Kindt walking away from a group home in Duchess County where he was serving supervised parole in the murder of Penny Brown in Salamanca in 1999.
(Rick Miller/Olean Star) Assemblyman Joseph Giglio speaks to Cattaraugus County legislators last week on the failure of the parole system that led to Edward Kindt walking away from a group home in Duchess County where he was serving supervised parole in the murder of Penny Brown in Salamanca in 1999.

“They knew they had a problem six days ago,” Giglio said. “They should have notified the sheriff.”

Borrello noted that this was not Kindt’s first brush with a parole violation since his release. Last November he was jailed for three weeks after violating his parole, the senator said.

Legislature Chairman Andrew Burr, R-Gowanda, said Kindt was “a clear and present danger” and should never have been released to parole. Those responsible for his release on parole should be forced off the Parole Board or resign in shame.

Legislator Ginger Schroder said Kindt had been denied parole eight times before it was granted less than 1 ½ years ago.

Undersheriff Eric Butler told county lawmakers he wasn’t getting any straight answers from parole officials, who offered three different times when he might have left their geographic jurisdiction.

“Why weren’t we notified?” was Butler’s question to the parole officials. “Their reply was that it is an ongoing investigation,” Butler said.

It was also not known how Kindt traveled to Salamanca. DOCCS officials reported pinging Kindt’s ankle bracelet on Friday, July 19, and finding it in Salamanca.

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