Posted at: 01/18/2013 12:05 PM
Updated at: 01/18/2013 5:42 PM
By: Lynette Adams
A convicted rapist might be just weeks away from going free. News10NBC learned he's going to be registered as a level 2 sex offender.
News10NBC wanted to know why John Horace could possibly be released. In 1996, Horace raped a 29-year-old woman named Kathy, who was in a coma because of a car accident. He impregnated her and she gave birth before passing away. It all happened while Kathy was at a healthcare facility in Brighton where John Horace worked as a nurse's aide.
According to the New York State Department of Corrections's website, John Horace is scheduled to be released March 4. News10NBC learned the state has no choice. If a prison inmate stays out of trouble, he or she receives credit for good behavior. So despite raping his patient, a young woman by the name of Kathy, who was in a vegetative state, at 69-years-old, John Horace will be back out on the streets.
Jerry Soloman, former Assistant Attorney General, said, “At the time of sentencing, I know Howard Relin, the district attorney at the time, stood up before the media and said he hoped John Horace would die in jail.”
It was Jerry Solomon's hope as well. Now retired from the state attorney general's office, Solomon was the leading prosecutor on this case that shocked the community.
Solomon said, “It was such a heinous crime because of the conditions. How vulnerable Kathy was and the fact is he was a sexual predator.”
Horace was convicted and sentenced to 8 1/3 to 25 years for rape. He's done two thirds of the maximum sentence. In March, he will be a free man. We wanted to know why he's being released.
Solomon said, “Inmates who don't get in trouble in prison basically max out on their sentence at 2/3 of the sentence. At least at the time John was sentenced, his maximum sentence was 16 and 2/3 and they have to let him out they don't have a choice.”
Horace has maintained he didn't rape Kathy. He told News10NBC's Brett Davidson that back in December of 2004.
John Horace, convicted rapist, said, "There was never a rape in this case. There were a sexual abuse. There was no sexual gratification. I did it because I felt sorry for this person. I felt that with the information that I had obtained, that I could help this person."
That's what bother Solomon the most, that Horace he says as never accepted responsibility or shown remorse for what he did.
News10NBC's Lynette Adams said, “What do you think of this? Is this a flaw in the law?"
Solomon said, “The legislature and the governor have the duty of enacting the laws. These are the laws of the state. They don't always make sense. These laws have their reasons, but when you get a case like John Horace, you just hate to see him out on the streets as a potential sexual predator.”
Horace would have to register as a level two sex offender and would be on parole. Solomon says if he violates that parole, he could be sent back to prison to finish out his time.