Owen and Martin Kilbane

In the history of criminal justice in the State of Ohio, no co-defendants or defendant ever did 31 years more than the triggerman in any case. With that said, Martin Kilbane would like to address the four reasons the parole board used in September, 2008 to give him 5 more years, after he had already completed 30 years as a co-conspirator.

In the parole board decision sheet, the first reason was "convictions involved the
death of two individuals". The SB2 conviction for voluntary manslaughter was the result of a "plea agreement". Their whole reason for pleading was the understanding that the parole board could NOT use this conviction against Martin when they considered him for parole in the Steele case.

“It was my understanding, and was verified by Ms. Kovatch when I saw her in June 2008, that Judge McMonagle wrote a letter to the Parole Board concerning the SB2 manslaughter plea agreement. My attorney told me the judge was to inform the Parole Board that he thought the punishment in the plea agreement was sufficient, and that before sentencing, he took Mr. Prunella's (victim)daughter’s comments into consideration when he sentenced me to 4 years flat time, which was up in August 2006! He supposedly asked the Board to NOT consider this manslaughter plea against me when they deliberated in the Steele case.”

When the board considered the SB2 case as another victim in the Steele deliberations, they violated my plea agreement. This case factor alone should be reason enough to be granted a new hearing without using any factors of the SB2 conviction; but I shall address all of their reasons.

Reason #2 - One of the aggravating factors includes the severe emotional impact of the surviving family members. Ms. Robinson, I've included a PD magazine article from 2003, which explains the entire history of the Steele case. What was not included was the fact that in 1982, while Robbins was in PC at Chillicothe, he threatened the prosecutors with recanting his testimony against Judge Steele, my brother Owen, and me in the Steele conviction if he wasn't granted his promised pardon for the "racist murder" of Ted Browne.

This would have resulted in Judge Steele, my brother and me being released. It was at this point the Cuyahoga County Prosecutor's Office made the unbelievable decision to convince the governor to "pardon" Robbins in the Brown murder - thus "freeing" him, since he received immunity for being the actual killer in the Steele case. Since Mrs. Browne had forgiven Robbins, and to assuage the black community, the prosecutor threw in a pardon for fight promoter and murderer Don King. It was at this point the Steele family threatened to generate negative publicity against "freeing" their mother's killer.

Faced with this dilemma, the Cuyahoga County Prosecutor Office promised the Steele family that if they would keep silent about Robbins release, they would guarantee that their father and my brother and I "would be kept in prison till we all died". Proof of this is Kevin & Brett Steele have never once voiced any problem with the prosecutor releasing their mother's killer, while vehemently opposing our paroles. This means their opposition to my release was and is fraudulent. It was a deal with the Cuyahoga County Prosecutor to never give me parole "suitability", using disingenuous opposition that this was and is "illegal". This explains why the board was incorrect in its second reason to "flop" us.

The third reason for continuance; "both cases related to organized criminal activity". Since the SB2, involuntary manslaughter, should not be considered, that leaves the Steele conviction. F.B.I. agent Robert Ressler, nor any of the investigating officers ever came to the conclusion that the Steele case was the result of organized crime behavior, because it wasn't.

Now we come to section 7 (B) of the decision sheet. To insinuate that my release back into society would create undue risk to the public safety is ridiculous! Agent Ressler argued at our 1993 hearing that we were not a threat to society and argued for our release then. The second question, that a release would not further the interest of justice or be consistent with the welfare and security of society, cannot apply to me either. As a matter of fact, both convictions are illegal under Ohio law. The Steele conviction was reversed and we were released on bond in 1981.

In 1982, the 6th Circuit Court of Appeals in a 2-1 decision reinstated the conviction, using a case that the U.S. Supreme Court in 2004, overturned and stated that trials like ours were unconstitutional because we were "deprived of confronting an accuser in court! Simply because this ruling apparently cannot be used retroactively, our conviction remains because of this "technicality" If this ruling were made retroactive, we would be entitled to a new trial and a bond and release!
In the SB2 conviction as stated, this was in response to a 4 years "flat time" and that the board could not hold it against us. This crime happened in 1968. Any plea agreement to a SB 2 sentence could be vacated if either party appeals. What that means is its "illegal".

So if I'm entitled to a new trial because I never received a fair trial, bond and release, and since the SB 2 illegal sentence has been served, how could it not be in the interest of justice to at least receive a parole after 31 years of an illegal conviction?

Ms. Robinson, Rick Robbins, the triggerman in the Steele murder, has been free since 1983. Judge Steele, the mastermind, received a commutation in 1987. While Robbins manipulated the system and Steele used his political connections, Owen and I have demonstrated rehabilitation. Yet the system has slammed the door on us.

Based on all the above, would you please look into giving my brother Owen and I a re-hearing.

Thank you.

Sincerely,


Martin Kilbane
148-299
Grafton, Ohio