1 (Corrected copy 6-23-22)NYS DEPARTMENT OF CORRECTIONS AND

2 COMMUNITY SUPERVISION
3 BOARD OF PAROLE
4 *********************************************************
5 Parole Board Interview
6 In the Matter
7 -of-
8 JAMES MOORE
9 DIN # 63C0019
NYSID #
10
*********************************************************
11
TYPE OF INTERVIEW: Reappearance
12
LOCATION: Coxsackie Correctional Facility
13 Video-conferenced to NYS DOCCS
1220 Washington Avenue
14 Albany, New York 12226
15 INTERVIEW DATE: April 26, 2022
DECISION DATE: April 26, 2022
16
BEFORE: Commissioner Agostini
17 Commissioner Demosthenes
Commissioner Mitchell
18
ALSO PRESENT: B. Pullen, SORC
19 N. Crystal, SORC
20 COURT REPORTER: Paige Harvey
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 JAMES MOORE DIN#63C0019 NYSID#

1
2 BY COMMISSIONER DEMOSTHENES:
3 Q. Good afternoon, sir. A. Good afternoon.
4 Q. State your name, please?
5 A. James Robert Moore.
6 Q. Mr. Moore, I am Commissioner Demosthenes. I believe we
7 met back in 2018. Joining me today are Commissioner
8 Agostini.
9 COMMISSIONER AGOSTINI: Good afternoon.
10 BY COMMISSIONER DEMOSTHENES
11 Q. And Mitchell.
12 COMMISSIONER MITCHELL: Good afternoon.
13 BY COMMISSIONER DEMOSTHENES:
14 Q. Okay. Mr. Moore, this is a reappearance for you,
15 correct? Sir, can you hear me?
16 A. There is an echo in here. I am sorry.
17 Q. Is that better now?
18 A. I think so.
19 Q.
20 A.
21
22 Q.
23 A.
24 Q.
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 JAMES MOORE DIN#63C0019 NYSID# 3

1 A.
2 Q.
3 A.
4 Q.
5 A.
6 Q.
7 A.
8 Q.
9 A.
10 Q. Okay. Are you ready to proceed?
11 A. I'm ready.
12 Q. I asked if you are ready to proceed with the
13 interview, sir?
14 A. Yes, I am ready to proceed.
15 Q. Thank you. This is a reappearance for you as I
16 mentioned earlier. You are presently serving an
17 aggregate term of twenty to life for murder degreeless
18 prior to 9/1/1974 by plea in Monroe County; is that
19 correct?
20 A. Yes.
21 Q. According to the record, sir September 6th of 1962 you
22 stalked and abducted a fourteen-year-old girl in a wooded
23 area. You strangled her when she resisted and raped her
24 deceased body. You then dumped her partially nude body
25 in a nearby quarry. The record goes on to state that you
 JAMES MOORE DIN#63C0019 NYSID# 4

1 admitted to molesting a lot of young girls including the

2 victim of the instant offense and it also mentions that
3 you were previously involved with two females age ten and
4 twelve years old; is that about right?
5 A. I don't know. I don't remember.
6 Q. I know it has been a very long time, over sixty years,
7 correct?
8 A. Yes, ma'am.
9 Q. It is hard to remember all of the particulars of the
10 case. Do you recall what transpired in 1962 at all? How
11 you ended up meeting the victim,
12 A. Yes.
13 Q. Just tell us what you remember?
14 A. Please, repeat that.
15 Q. Why don't you tell us what you remember? I mentioned
16 the name of the victim, her name was
17 She was approximately fourteen years old. I
18 believe you were working as a landscaper and saw her
19 walking by. Do you remember anything about her at all?
20 A. No.
21 Q. You do not. Well, you followed her and waited in the
22 wooded area. You basically strangled her, I believe at
23 one point she said please and you proceeded to -- I am
24 sorry, just give me one second. Okay, you struck up a
25 conversation with her at the time she attempted to walk
 JAMES MOORE DIN#63C0019 NYSID# 5

1 away and you decided it was now or never. At one point

2 there was some sort of feeling that came upon you from
3 what I understand when you have that feeling it basically
4 urges you to want to hurt somebody. Do you recall that?
5 A. I barely recall that.
6 Q. I understand you had that feeling in the past. You
7 actually even talked to a neighbor about that feeling.
8 And your first wife also witnessed you having whatever
9 that feeling was that came upon that sometimes you would
10 scream and yell and that would basically scare her?
11 A.
12 Q. You
13 remember that. That feeling would come upon you in a way
14 you wanted to hurt people. I mentioned you confided in
15 your neighbor. And I believe prior to the instant
16 offense,
17 Don't know if you remember that part?
18 A. No, ma'am.
19 Q. Okay. So basically you strangled her, you throttled
20 her basically and it was a conversation about you using a
21 rope as well to make sure she was dead. So she wouldn't
22 tell. Do you remember any of that?
23 A. No.
24 Q. Okay. You basically picked her up, you carried her
25 across the small stream where you dropped her on the
 JAMES MOORE DIN#63C0019 NYSID# 6

1 opposite bank. You throttled her again to make sure she

2 was dead. You then carried her back into the woods
3 fearful that she would come back to life. You took a
4 piece of manila rope from your pocket and you tied it
5 around her neck. Any recollection of that?
6 A. No, ma'am. The one thing I was going to say right
7 there if it's all right.
8 Q. Please.
9 A. One thing about , once you have
10 been removed from the situation where the chemicals --
11 the episode will fade and gradually no longer present.
12 It is no longer a threat and clears itself right up.
13 Q. It clears itself right up?
14 A. Yes, it does.
15 Q. Okay. Do you remember molesting young children prior
16 to the instant offense?
17 A. No.
18 Q. According to the record, there were quite a few of
19 them; multiple young girls. There was a conversation
20 about you being a pedophile?
21 A. Yes.
22 Q. Any of that rings a bell to you?
23 A. Nope.
24 Q. It does not.
25
 JAMES MOORE DIN#63C0019 NYSID# 7

1
2 A. No, I am -- I haven't had any problems like that in
3 fifty, sixty years now.
4 Q. Okay. Were there issues in the past?
5
6
7
8
9 A.
10 Q.
11 A.
12 Q.
13
14
15 Which apparently continued being that you were molesting
16 young children. All right.
17
18
19
20 A. I am trying. The only thing I have is this letter I
21 would like to read to the board.
22 Q. Okay.
23 A. It's January 26, 2022. It is for New York State
24 Correction Department & Community Supervision Mr. Anthony
25 Annucci parole and it is about me. Moore; 63C0019,
 JAMES MOORE DIN#63C0019 NYSID# 8

1 Coxsackie Correctional Facility. He goes straight back

2 as our intended parole board members for my parole board
3 in April for the above facility where I am
4 and where also -- since admitted
5 on June 20, 215 (sic).
6
7
8
9
10 A copy of this
11 letter is also attached to each packet and each packet
12 also includes a support where it's supposed to --
13 Q. Sir, how about giving the letter that you have there
14 or the statement that you have to the person that is in
15 the room so they can scan it to me and we can then read.
16 Is that okay?
17 A. Okay.
18 Q.
19
20 A. Yes.
21 Q. Is that okay?
22 A. Yes, ma'am.
23 Q.
24
25 A. I didn't get that at all.
 JAMES MOORE DIN#63C0019 NYSID# 9

1 Q. Didn't get what, what I said?

2 A. Yeah.
3 Q.
4 A.
5
6 Q.
7
8
9 Okay, let's move
10 on. Staff off the record.
11 (Whereupon, an off-the-record discussion was held.)
12 BY COMMISSIONER DEMOSTHENES:
13 Q. Mr. Moore, do you have a new packet because the last
14 one we saw was 2018? Is there a new parole packet
15 besides 2018?
16 A. Yes.
17 Q. That was the last one? Because prior to that I know
18 you had as well from way back when. Is this
19 that last one? We have one here, we have a packet here,
20 2018; is that the last one, sir?
21 A. Yes.
22 Q. Okay.
23 THE STAFF: Commissioner, I am going to take
24 this paper and have it scanned to you.
25 COMMISSIONER DEMOSTHENES: Thank you.
 JAMES MOORE DIN#63C0019 NYSID# 10

1 THE STAFF: I just need to know who to scan it

2 to?
3 COMMISSIONER DEMOSTHENES: To myself and you can
4 CC my colleagues as well.
5 THE STAFF: Okay.
6 BY COMMISSIONER DEMOSTHENES:
7 Q. Mr. Moore, if you were to be released you would reside
8 with your wife
9 THE STAFF: Commissioner, I am sorry to
10 interrupt. This paper was written in January of this
11 year 2022 it should be in his parole file. By his wife,
12
13 COMMISSIONER DEMOSTHENES: I am looking at the
14 -- hold on. I am looking at the current file. Is there
15 any possibility for us to speak without Mr. Moore
16 present?
17 THE STAFF: I will have to have him removed from
18 the room.
19 COMMISSIONER DEMOSTHENES: Please, thank you.
20 (Whereupon, an off-the-record discussion was held.)
21 BY COMMISSIONER DEMOSTHENES:
22 Q. Mr. Moore, staff will definitely scan the letters to
23 us, okay in order for us to consider it. In the
24 meantime, we will move on. As I mentioned earlier you
25 were planning to move with your wife correct?
 JAMES MOORE DIN#63C0019 NYSID# 11

1 A. Yes.
2 Q. If you were to be released, okay. And you are program
3 satisfied. This is your first term of incarceration.
4 Your last infraction was in 2015. There is a risk
5 assessment here which is a COMPAS. It is a tool that we
6 use to see what your risks and needs are out in the
7 community. Negative social cognition highly probable,
8 beyond that all the categories are low and unlikely.
9 There is also a case plan here. You sat down with
10 counselors a long time ago. Well, not a long time ago
11 this one is dated 2022. It says learn about symptom
12 management, complete sex offender program.
13 And your sentencing minutes are also in the file,
14 sir. You were sentenced by the Honorable Judge John
15 Lomenzo, L-O-M-E-N-Z-O?
16 A. Yes.
17 Q. Does that ring a bell?
18 A. I remember that name, yes.
19 Q. Okay. A lot was said during sentencing
20 the DA's office. They also had their input from what I
21 see here. Let me ask you a question, Mr. Moore, if you
22 could address the family, whoever they have left in the
23 community, the family of the victim, what would
24 you say to them?
25 A. I would say I more than the fact that I was sorry. It
 JAMES MOORE DIN#63C0019 NYSID# 12

1 is the fact that she is gone and I can't bring her back.
2 And I wish with all of my heart that I could. And I
3 worked very hard over the years to get my education and
4 all the other things so that I can someway or somehow
5 atone for this. I know now what my problem is and why it
6 is.
7 Q. What is your problem?
8 A.
9
10
11 How we
12 discovered it was through --
13 Q. Can you repeat that?
14 A. is when they realized
15 how dangerous this stuff was and it was banned from this
16 country and other countries. I don't think they use it
17 in this country at all now.
18 Q. I believe I read that in your file. You do remember
19 that part. And you recall also participating in aversion
20 therapy in the past?
21 A. Yes.
22 Q. Do you care to comment?
23 A. No.
24 Q. Okay.
25
 JAMES MOORE DIN#63C0019 NYSID# 13

1
2 A. Yes.
3 Q. Okay. And I know a lot of accomplishments
4 academically right?
5 A. Yes, ma'am.
6 Q. You have done very well in the educational department
7 for sure. Anybody else in the community for support, sir
8 besides your wife?
9 A. No.
10 Q. Your children, you have children, don't you?
11 A. I have grandchildren.
12 Q. And your children?
13 A. They are all other places.
14 Q. Okay.
15 A. I don't see any of them anymore.
16 Q. But you do have children in the community, yes?
17 A. Yes.
18 Q. How old are you today, sir?
19 A. What was that?
20 Q. How old are you today?
21 A. How old am I?
22 Q. Yes, your age?
23 A. I'm eighty-nine I believe it is.
24 Q. I wanted to -- commissioners any questions for Mr.
25 Moore before I proceed?
 JAMES MOORE DIN#63C0019 NYSID# 14

1 COMMISSIONER AGOSTINI: Good afternoon, Mr.

2 Moore.
3 THE INCARCERATED INDIVIDUAL: Same.
4 COMMISSIONER AGOSTINI: I have been listening
5 carefully to this interview. I know it's been difficult
6 for you hearing Commissioner Demosthenes.
7
8 THE INCARCERATED INDIVIDUAL: No. Part of it
9 was the chemicals I was working with at the time. I was
10 working with --
11 COMMISSIONER AGOSTINI: I remember the chemical
12 that you worked with when you were a landscaper that was
13 talked about in book has been banned.
14 THE INCARCERATED INDIVIDUAL: My wife was so
15 afraid of me she didn't want anybody around.
16 COMMISSIONER AGOSTINI: How long have you been
17 married to your wife?
18 THE INCARCERATED INDIVIDUAL: I have been married to her
19 since 1986?
20 COMMISSIONER AGOSTINI: 1986?
21 THE INCARCERATED INDIVIDUAL: Yes.
22 COMMISSIONER AGOSTINI: You had a different wife
23 before that?
24 THE INCARCERATED INDIVIDUAL: Yes. She was the
25 one that was with me during these tough times.
 JAMES MOORE DIN#63C0019 NYSID# 15

1 COMMISSIONER AGOSTINI: Tough times indeed.

2 Tough for your victims and their families?
3 THE INCARCERATED INDIVIDUALS: Yes. My wife,
4 she was scared of death of me and thought I might hurt
5 her or somebody else. I would come home from work and
6 not knowing what was happening to me I would go to the
7 living room and just scream.
8 COMMISSIONER AGOSTINI: You have been living
9 since 2015, is it?
10 THE INCARCERATED INDIVIDUAL: Yes, ma'am.
11 COMMISSIONER AGOSTINI: Where were you before
12 2015, were you in general population or --
13 THE INCARCERATED INDIVIDUAL: I was in the air
14 force. I was in the national guard that was one of the
15 places. I was discharged the US navy.
16 COMMISSIONER AGOSTINI: That was before you were
17 in prison.
18
19 THE INCARCERATED INDIVIDUAL: Yes, I do.
20 COMMISSIONER AGOSTINI: Okay.
21 THE STAFF: Excuse me, commissioners. Sorry to
22 interrupt. I scanned the document to each one of you.
23 COMMISSIONER AGOSTINI: Thank you.
24
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 JAMES MOORE DIN#63C0019 NYSID# 16

1 THE INCARCERATED INDIVIDUAL:

2 COMMISSIONER AGOSTINI: Okay.
3
4 THE INCARCERATED INDIVIDUAL:
5
6 COMMISSIONER AGOSTINI:
7 THE INCARCERATED INDIVIDUAL:
8
9
10 Commissioner AGOSTINI: How old is your wife?
11 THE INCARCERATED INDIVIDUAL: She is two years
12 younger than me.
13 COMMISSIONER AGOSTINI: Where does she live?
14 Does she have her own house or does she live with her
15 children?
16 THE INCARCERATED INDIVIDUAL: She was living in
17 her own home. She is up in bore rave I can't I believe
18 it is?
19 COMMISSIONER AGOSTINI: Is she in like an
20 assisted living community, does she live with her own
21 children? Where does she live, what kind of place?
22 THE INCARCERATED INDIVIDUAL: It is a
23 ten-story-high building and the people that live there
24 are aged. They are all older people.
25 COMMISSIONER AGOSTINI: Okay. Got it, a
 JAMES MOORE DIN#63C0019 NYSID# 17

1 community of people who are older. She has her own

2 apartment there?
3 THE INCARCERATED INDIVIDUAL: Yes, she does, and
4 where I will be going if you people should decide you
5 want me to go.
6
7
8 COMMISSIONER AGOSTINI:
9
10 THE INCARCERATED INDIVIDUAL: Yes, ma'am.
11 COMMISSIONER AGOSTINI: Okay. Thank you for
12 answering my questions. Thank you, Commissioner
13 Demosthenes.
14 COMMISSIONER DEMOSTHENES: Thank you,
15 Commissioner Agostini.
16 THE INCARCERATED INDIVIDUAL: I am sorry I
17 couldn't do better.
18 COMMISSIONER MITCHELL: I don't have any
19 additional questions. Thank you, sir.
20 THE INCARCERATED INDIVIDUAL: Thank you, sir.
21 BY COMMISSIONER DEMOSTHENES:
22 Q. Mr. Moore.
23 A. Yes.
24 Q. When did you start working as a landscaper; do you
25 remember?
 JAMES MOORE DIN#63C0019 NYSID# 18

1 A. I started working on my what?

2 Q. As a landscaper.
3 A. That was -- I can't remember. I couldn't tell you
4 that. I would have to look it up. It was quite a while
5 ago. I have not done anything.
6 Q. Late fifties, maybe early sixties?
7 A. Yes, ma'am. I haven't been around that type of work
8 in years.
9 Q. Right. I am trying to determine when you started
10 working as a landscaper and being exposed to chemicals,
11 that's all?
12 A. Yes, ma'am.
13 Q. Because since then you have gone on to earn a lot of
14 degrees so that definitely did not affect your brain,
15 right?
16 A. It did.
17 Q. It did?
18 A. But I was not aware of it at the time until I found
19 out what was causing it. And they brought the people's
20 attention before, but nobody would listen. That was 1950
21 nobody would listen.
22 Q. That was 1950?
23 A. Yes. So that and a little --
24 Q. You mentioned the earlier, right?
25 A. Yes.
 JAMES MOORE DIN#63C0019 NYSID# 19

1 Q. Were you in the forces, sir?

2 A. Was I?
3 Q. You said earlier? No, do you remember?
4 A. No.
5 Q. Okay. So moving on. As I mentioned earlier you
6 earned quite a few degrees, right over the years, a BA
7 and things of that nature; am I correct?
8 A. Yes.
9 Q. Okay. Why should we release you, Mr. Moore?
10 A. Yes, ma'am.
11 Q. Why should we release you, sir?
12 A. The only thing is I can't be of any harm to anybody
13 even if I wanted. I have no feelings like that now. One
14 of the things that happened a lot was my wife.
15 Q. So when you see children you no longer feel that
16 mania, whatever that feel came upon you?
17 A. That's right. I am in a situation or I walk in a
18 situation to where it could be problems I am gone. I get
19 right out of there.
20 Q. Okay. Sir, it is customary for us to notify the
21 judge, DA, defense attorney regarding your possible
22 release and in your case, there are letters from the
23 judge and DA's office which will be considered, sir. You
24 have the last word.
25 A. All right. The only thing I have is what he took the
 JAMES MOORE DIN#63C0019 NYSID# 20

1 copy of.
2 Q. Yes, sir. I received it, I can see it. I received
3 the letter.
4 A. Yes, ma'am.
5 Q. I will open it right now so I can put it into record
6 -- just give me a second. The letter is dated January
7 26th of 2022, right?
8 A. Yes.
9 Q. And it is signed
10 A. That's my wife, yes
11 Q. Yes. And I see at the bottom David Elkovitch was
12 CC'd, correct?
13 A. Yes.
14 Q. That's the attorney, E-L-K-O-V-I-T-C-H. So we will
15 certainly consider everything.
16 A. I think that was my attorney, Elkovitch.
17 Q. Yes, sir.
18 A. All right.
19 Q. We will consider everything as well as the letter from
20 your wife for sure. Any last words?
21 A. Yes, ma'am. To tell you the truth, I came here I was
22 not expecting to be talking to you people for a number of
23 days. When I came out of I didn't -- they don't
24 give showers up there or anything. I am a mess.
25 Q. I am sorry to hear that.
 JAMES MOORE DIN#63C0019 NYSID# 21

1 A. It's just the idea, it sort of tipped me over a little

2 bit as far as -- because I was not really prepared.
3 Q.
4
5 A.
6 Q.
7 A.
8 Q. Okay, sir. We wish you well. We will deliberate and
9 notify you in writing of our decision; take care.
10 A. Thank you very much.
11 (The inmate was excused.)
12 (After due deliberation by the Parole Board
13 panel, the following decision was rendered:)
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 JAMES MOORE DIN#63C0019 NYSID# 22

1
2
3 DECISION
4 Open date 6/6/2022 or earlier.
5 This release should not be interpreted as condoning
6 or in any way excusing or forgiving your actions of
7 September 6, 1962 of stalking, abducting, strangling and
8 raping the victim. This brutal and violent act
9 perpetuated against a 14 year old innocent victim
10 demonstrated a callous disregard for the sanctity of
11 life. There may be long suffering survivors of this
12 crime as well as the community who will forever be
13 impacted by your actions.
14 However, after applying the factors and requirements
15 under the law, your release is granted as your long term
16 confinement, record, and parole packet reflects evidence
17 of your growth and rehabilitation. The panel has also
18 considered our advanced age of 88 approximately 60 years
19 served on a 40-Life sentence that was reduced to 20-Life,
20 You have been housed
21 in a prison since 2012
22
23 You have also been referred to for Article 10
24 review. According to your record, you have been parole
25 eligible since 1982. You have achieved academic
 JAMES MOORE DIN#63C0019 NYSID# 23

1 excellence. You have also completed recommended

2 programming including SOP. Your COMPAS risk assessment
3 indicated you are at low risk for re-offending and based
4 on your strong support in the community, you have low
5 need scores for release.
6 Your last infraction was in 2015 and you have no Tier
7 3 misbehavior reports in your record. Your parole packet
8 includes letters of support as well as a letter from
9 sentencing Judge Lomenzo recommending that you be
10 released on parole after serving 40 years of confinement.
11 The panel also considered both official and significant
12 community opposition to release.
13
14
15 The panel finds that at 88 years old, and after
16 serving approximately 60 years of confinement, you have
17 developed the tools to remain at liberty without
18 violating the law, and your release, at this time, is not
19 incompatible with the welfare of society.
20 SPECIAL CONDITIONS
21 I will submit to substance abuse testing as directed by
22 the P.O.
23 I will not consume alcoholic beverages.
24 I will not frequent any establishment where alcohol is
25 sold or served as its main business without the
 JAMES MOORE DIN#63C0019 NYSID# 24

1 permission of the P.O.

2 I will abide by a curfew established by the P.O.
3 I will participate in any-aggression/anti-violence
4 counseling as directed by P.O.
5
6
7 I will participate in sex offender counseling/treatment
8 directed by the P.O.
9
10
11 I will comply with all court orders including those
12 ordering fines, surcharges, and/or restitution.
13 Other- I will comply with all geographic restrictions
14 imposed by the P.O.
15 I will not use or possess any medications or supplements
16 designed or intended for the purpose of enhancing sexual
17 performance or treating erectile dysfunction without the
18 written permission of my parole officer and the approval
19 of his or her area supervisor.
20 I will not participate in the Department of Corrections
21 and Community Supervision's polygraph program as directed
22 by my parole officer.
23 I understand that this will include periodic polygraph
24 sessions consisting of a pre-examination interview,
25 polygraph examination, and post-test interview with the
 JAMES MOORE DIN#63C0019 NYSID# 25

1 polygraph examiner or my parole officer.

2 You shall not be released until the Board of Parole and
3 Department of Corrections and Community Supervision are
4 informed of the sex offender risk level that has been or
5 will be established by a court of competent jurisdiction
6 pursuant to correction law 168-N.
7 I will submit to photo imaging every 90 days, or whenever
8 directed by my parole officer or other representative of
9 the N.Y.S Department of Corrections and Community
10 Supervision.
11 I will not use the internet to access pornographic
12 material, communicate with other individuals or groups
13 for the purpose of promoting sexual relations with
14 persons under the age of eighteen, and communicate with a
15 person under the age of eighteen unless I receive written
16 permission from the Board of Parole to use the internet
17 to communicate with a minor child under eighteen years of
18 age who I am the parent of and who I am not otherwise
19 prohibited from communicating with.
20 (All commissioners concur.)
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 JAMES MOORE DIN#63C0019 NYSID# 26

1
2 C E R T I F I C A T I O N
3
4 I, Paige Harvey, a Shorthand Reporter, hereby
5 certify that the proceeding in the above matter was taken
6 by me stenographically and then transcribed to the best
7 of my ability.
8
9 Pai g e Har v e y
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11 Paige Harvey
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