The disgraced octogenarian son of the late Manhattan society doyenne Brooke Astor was freed from jail yesterday on medical parole after serving a mere two months of his one- to 3-year sentence for swiping millions from his philanthropist mom.
The parole board decided unanimously to release Anthony Marshall, 89, because the members determined he was “suffering from a significant and permanent nonterminal condition, disease or syndrome.” They sprung the elderly jailbird as part of a special compassionate-release program.
But Manhattan District Attorney Cyrus Vance Jr., isn’t buying the health plea. In a statement, his spokeswoman Erin M. Duggan said, “We are unable to agree or disagree with the parole board’s decision because it was based on review of medical records to which we were not given access.”
In a letter sent to the parole board last week, the DA asserted, “We can only conclude that the decision by Marshall not to afford us access to the relevant information is tactical, suggesting that the most current information related to his medical condition does not, in fact, support release on medical parole.”
After a hearing with Marshall Wednesday, the board’s members found that he was “physically or cognitively debilitated or incapacitated as to create a reasonable probability that you do not present any danger to society.”
“There is a reasonable probability that you will live and remain at liberty without violating the law.”
Marshall’s doctors have said he has Parkinson’s disease and cannot walk or use the bathroom by himself.
The decrepit convict was at an undisclosed hospital for at least a month of his short jail sting. He was given discharge papers at 4:30pm yesterday and will be released to his Manhattan home today.
The parole board also considered the $14.5 million in restitution Marshall paid for robbing his elderly mom of her fortune and spending the funds on a Maine estate, a 55-foot yacht and other luxuries.
Marshall, who lives with his wife Charlene on the Upper East Side, will be under the supervision of a parole officer through June 20, 2016—the latest possible date of his original sentence for grand larceny.
A Marshall lawyer said, “We’re gratified by the parole board’s unanimous and compassionate decision.”
Brooke Astor’s son Marshall freed from prison on medical grounds
August 23, 2013
New York Post