Foglia said the decision on whether parole would be granted or denied would be provided once the decision was served upon the inmate. Foglia then confirmed the hearing was postponed because Dart’s file was “incomplete.”
“The postponement will provide the Otsego County judge, District Attorney, and Public Defender the minimum 30-day period to respond to our Oct. 31, 2013 letter seeking their statement or recommendation in regard to David Dart’s Parole Board appearance.”
She said she could not provide details on the agency’s efforts to contact Jennifer Kirkpatrick and other relatives because victim information is kept confidential.
Kirkpatrick said she isn’t worried about her confidentiality. In fact, she said, she and friends of her murdered sister have launched a Facebook group designed to attract attention to Dart’s request for parole. The page is called Stop PAROLE of Gillian’s Murderer. As of 11 a.m. Thursday, the group was joined by 553 people.
“David Dart is a sociopath,” said Kirkpatrick, noting that she and other people raised in Milford knew he had been confined in juvenile facility after he was implicated in the knifepoint assault of a young girl several years before the murder. Other people told police investigators that Dart was dangerous, including a woman who said she recognized him lurking in the same garage two days before the murder, according to testimony in the case.
According to the trial records, Dart, who will turn 45 years old in January, broke down and confessed to the murder at the Oneonta police station when he was informed that an eyewitness placed him in the municipal garage at a time when the suspect insisted he was 30 miles away.
After Dart was convicted of the killing, a state appellate court ruled he got a fair trail and found there was no merit to his claim that his confession was involuntary.