Oakland fights killer's parole

Prosecutor appeals early release by state

MIKE MARTINDALE
The Detroit News

Pontiac -- The Oakland County Prosecutor's Office has appealed the early release of a convicted killer who became one of TV's "America's Most Wanted" after crushing the skull of an alleged Pontiac hit man in September 1987.

Craig LeRoy Atkins, 51, is one of at least 16 felons Prosecutor Jessica Cooper is trying to keep behind bars as she battles the state for earlier notice of prisoners being released early to help trim the state budget.

On Thursday, she filed appeals to protest the release of Atkins and two other felons: Clarence Justin Aldred, 52, who beat his ex-girlfriend with a baseball bat and held her hostage in a cabin for three days; and Daniel Evan Fletcher, 44, whose sex assaults displayed "a level of brutality only seen in fictional horror films," according to prosecutors.

Aldred and Fletcher are still in prison, but Cooper said she is troubled that Atkins has been back on the street since Oct. 22.

"He's one of the reasons we need the lists (or pending parolees) well in advance," Cooper said. "This is why we went to court to get this information. We feel some of these people are still a menace to society and don't deserve early release. And certainly not before serving their minimum sentences."

Cooper and other Michigan prosecutors have been battling the Michigan Department of Corrections for earlier notice of which inmates are under parole consideration. Last month, the department was fined $500 for failing to properly respond to a Freedom of Information Act request from Cooper's office and ordered to turn over the lists.

Atkins fled to California after the 1987 killing and was ultimately arrested in June 1988. He was convicted of second-degree murder and sentenced to 25-80 years in prison.

Atkins served 21 years of a minimum 25-year sentence and should not have been given an early release, prosecutors said.

Prosecutors say his behavior behind bars has been troubled. Court records indicate he has committed 37 major misconducts, such as smuggling, forgery, theft, and possession of stolen property. This past July, Atkins bragged about his "trophy kill" and enjoyed sharing war stories with other inmates, according to court records.

John Cordell, a Corrections Department spokesman, said the board acted properly.

"Prior to 1998 sentences, inmates received 'good time' credit for time served, and (Atkins) has accumulated sufficient credit for parole having served his minimum," Cordell said. "No one can predict what someone is going to do. That's why he is on parole with conditions. If he violates over the next two years, he goes back in."

Cooper said Atkins' release is one of more than 3,500 this year of Oakland County felons. Under court order, Cooper has received a list of another 15,423 inmates statewide who have been scheduled for parole board interviews up to next April. She recently met with prosecutors from 12 other counties -- including Wayne and Macomb -- over shared concerns, such as how it can take weeks to obtain files and evaluate those for parole appeal.

The releases are part of a state goal to "right-size" state prisons, eliminate state beds and cut about $98 million from the state corrections' $1.8 billion budget. Prosecutors say that's resulted in a number of prisoners -- including convicted murderers, rapists and other violent offenders -- being released based on minimum rather than maximum sentences.

Michigan is one of eight states with indeterminate sentencing, which means convicted felons are given a minimum and maximum portion to their sentence. The Michigan Parole Board has jurisdiction over a prisoner who has served the minimum portion of the sentence.

Cooper noted Atkins was defined as a "deferred release" just a few weeks ago and was suddenly freed. She said the reasons his parole should be revoked are contained within Atkins' record.

Court records show Atkins initially testified under oath that he did not kill Nolan Carroll, whose skull was crushed with a board while he slept. Atkins initially claimed he was innocent, set up by someone else, but later admitted he feared Carroll -- whom Atkins described as "the most dangerous individual to ever reside in the city of Pontiac" -- was a threat to him.

Court records state Atkins admitted targeting victims for robbery such as drug dealers, gamblers and others whose lifestyles made it less likely they would report the crimes or testify against him.

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