A retired Navy master-at-arms who petitioned for release from a Connecticut state prison this week has been approved for release to a halfway house, according to legal representatives and a report in the New Haven Register.
David Terwilliger, an 80-year-old veteran who has served 17 years of a 20-year sentence for first-degree manslaughter, had been approved to move from the Osborn Correctional Institution to a step-down facility. But his release had been delayed by the novel coronavirus, as many halfway houses are not taking new residents during the pandemic.
Karen Martucci, director of external affairs for the Connecticut Department of Corrections, said that Terwilliger previously had been denied parole but has been "approved a halfway house placement."
"The agency is currently evaluating program options for the most appropriate setting. In line with Commissioner Cook's direction, his release has been prioritized based on age and medical score," Martucci said.
The Veterans Legal Service Clinic at Yale Law School, which represents Terwilliger, filed court papers Tuesday seeking his release based on his age and underlying health conditions, which put him at high risk for developing a serious case of COVID-19.
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The prison in which he is incarcerated, Osborn Correctional Institution in Somers, Connecticut, has had cases of COVID-19, including a death.
"We are heartened to learn that [the state] plans to release Mr. Terwilliger to a halfway house in response to his lawsuit," said Kayla Morin, a third-year law student working on the case. "Every day that Mr. Terwilliger remains in Osborn Correctional Institution places him in graver danger of serious illness and death."
Terwilliger was convicted of manslaughter and sentenced to 15 years in prison for shooting and killing his son-in-law, Donald Kennedy, in Thompson, Connecticut, in 2003. According to court papers, Kennedy showed up drunk at Terwilliger's home, where his wife, Christine Kennedy, and their children were staying, and the two men got into an argument. During his trial, Terwilliger maintained that his family was threatened and he acted in self-defense, while witnesses said that Terwilliger confronted Kennedy in his driveway, kicked him and shot him.
Terwilliger appealed, eventually winning the right to a new trial. But during those proceedings, he was again convicted of manslaughter and sentenced to 20 years for what the judge deemed "a senseless and tragic murder without motive, and irrational."
Terwilliger's lawyers said Thursday they still believe he should be handed over to his family for care, where he would be removed from a group setting that imperils his life.
His family agrees.
"My father is frail, and I'm terrified that he won't make it if he is exposed to this virus in a halfway house. We are asking the state to release him to his family in Georgia. ... Connecticut shouldn't feel a responsibility to continue to hold him and care for him," said Mary DeSalvo, Terwilliger's daughter.
-- Patricia Kime can be reached Patricia.Kime@Military.com. Follow her on Twitter @patriciakime.
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