Devin Giordano is a young man whose life took a tragic turn due to an unjust conviction. Imagine being 19 years old, with dreams and a future ahead, only to have it all ripped away. Now, at 29, Devin has spent a decade behind bars for a crime he was overcharged with. Despite the harsh reality of his circumstances, Devin has transformed his life in remarkable ways. Through sheer determination and resilience, he has earned a college degree and numerous certificates, emerging as an educated, helpful, selfless, and respectable man. Devin's story is one of profound growth and redemption, showcasing the incredible human spirit's capacity to learn and evolve. His journey is a testament to the power of second chances, and we need your support to help bring him home. Please take a moment to read our story and sign the petition for Devin's clemency.

You may be wondering what executive clemency is. Officially, 'Executive Clemency' is a power granted to Governor Kathy Hochul by the New York State Constitution, allowing her to provide relief to those convicted of a crime. Clemency offers a second chance to deserving incarcerated individuals who have demonstrated significant rehabilitation — individuals like Devin. Executive clemency can take the form of a commutation (a reduction of sentence) or a pardon (an act of forgiveness that can remove the legal consequences of a conviction). In this case, I am requesting a commutation of the sentence

My name is Susan Giordano, and I am Devin's mother. The past ten years have been unimaginably difficult for my son and I. Every week, I visit my son in prison, knowing he is serving a sentence for a crime he was improperly charged with. This is our story, a plea for understanding, justice, and a second chance for my son. I humbly ask for two minutes of your time to read our story, review the facts of our case, and sign the petition for Devin. 

Devin fell victim to the devastating drug epidemic that has swept our nation. Under the care of a local doctor in Goshen, Ira Neustadt, he became addicted to prescription medications. On August 1, 2014, the day of the crime leading to his incarceration, Devin and I sought help at the Richard C. Ward Addiction Treatment Center in Middletown, New York. Unfortunately, his addiction was deemed not severe enough, and we were referred to Bon Secours Hospital in Port Jervis. After hours of evaluations, urine tests, blood tests, and lab work, we were again denied help. Devastated and let down by the medical system, Devin turned to the very thing he was trying to rid himself of — his friends and drugs. After using several drugs with friends, they called a cab to go to Devin's lifelong friend Bruce Otte's house in Goshen to continue their night of partying.
 
That evening, Devin and his co-defendant, Jennifer Molyneaux, went to Bruce's house intending to continue using drugs. When Bruce didn't answer his cell phone, Jennifer, knowing that Bruce's grandmother, Mrs. Mills, who lived on the same property in a separate home, kept a large supply of prescription medication, broke into Mrs. Mills' house to steal drugs. During the break-in, Mrs. Mills awoke, causing a drug-induced Jennifer to panic and strike Mrs. Mills several times. Due to her age, Mrs. Mills died from blunt-force trauma.

Devin was not in the home at the time of the murder. When he walked from Bruce's house looking for Jennifer, he noticed Mrs. Mills' door open and Jennifer standing over Mrs. Mills. He repeatedly screamed, "Stop, stop, stop," but it was already too late; Mrs. Mills was already deceased. Jennifer confessed to committing the murder and detailed how Devin tried to intervene when he entered the home. Despite knowing the truth, the police portrayed them as two drug-fueled kids breaking into a stranger's house and committing murder. Prosecutors allowed Jennifer to change her confession by offering her a 19-year sentence instead of 25 years while giving Devin a 20-year sentence. It makes no sense that Jennifer, who committed and confessed to the murder, received 19 years, while Devin, who did not participate in the crime, received a 20-year sentence.

Devin was arrested along with Jennifer, who confessed to the murder and consistently stated that Devin tried to stop her and did not participate in the crime. This confession, made to NYS troopers, was recorded on video and audio, copies of which I possess. Devin repeatedly requested an attorney; however, detectives violated his constitutional rights by continuing to interrogate him for hours, which was also captured on camera. Despite this, Devin was charged with felony murder, meaning he was present during the burglary but did not directly participate in Mrs. Mills's death.

Following Devin's arrest, my husband and I hired Attorney Benjamin Ostrer from Chester, NY, to represent him. We were unaware that Ostrer had been partners with the newly elected Orange County District Attorney, David Hoovler, just before Hoovler took office. After nearly two and a half years in the Orange County jail awaiting trial, Ostrer advised Devin to plead guilty just six days before the trial was set to begin, arguing that going to trial in Goshen was too risky. He assured us we could appeal and get a change of venue, but this was false. Ostrer later admitted to providing ineffective counsel, but this admission led nowhere.

Although my son Devin was never charged with directly killing Mrs. Mills, he received a longer sentence than Jennifer, who committed and confessed to the murder. The New York State felony murder statute failed to consider the specifics of their actions, leading to this unjust outcome. While I acknowledge that Devin is not entirely innocent, he should not receive a harsher sentence than the person who committed the murder. This disparity in their sentences is a clear injustice that needs to be addressed.

Over the past decade, I've learned much about the flaws in the criminal justice system and witnessed my son Devin's resilience. During his time in prison, he has dedicated himself to personal growth, steering clear of negative influences, completing numerous educational programs, earning an associate degree from Bard College, and now pursuing his bachelor's degree. Devin has also made a difference by initiating programs within the facility, tutoring classmates, and actively participating in the Youth Assistance Program, which guides at-risk youth in our community.

Devin's transformation has been remarkable. He has proven himself a positive and productive member of society. As his mother, I am incredibly proud of his accomplishments. He has surpassed all expectations despite starting his journey in prison at 19 and now being 29. Devin has grown into an amazing man—a devoted husband, a cherished grandson, and a loving uncle. Our supportive family and community eagerly await his return. Devin plans to further his education upon his release and already has promising job opportunities lined up. His dedication and achievements fill me with immense pride, and I eagerly anticipate seeing him embrace his bright future. He is my greatest accomplishment.

Devin's story illustrates that our greatest achievements often arise from adversity. He has not only learned from his mistakes but has evolved into an exceptional young man. His journey fills me with pride and hope for our future together as a family. I'm certain many reading my petition can relate, whether through personal experiences with a loved one in prison, knowledge of the injustices in our legal system or struggles with the healthcare system or addiction. Devin's strength, dedication, and growth are a testament to the power of transformation.

I respectfully ask for your support in granting Devin clemency. Having already served half his sentence, he has demonstrated his readiness for a second chance through his actions. Life should offer compassion, forgiveness, and opportunities for redemption, not just punishment. Devin's story proves that people can change, and he deserves a chance to contribute positively to society once again.

Devin has participated in and completed numerous voluntary programs and courses, demonstrating his commitment to personal growth and rehabilitation.

His achievements include:

Educational Pursuits:

• Earned an associate degree in liberal arts and currently pursuing a bachelor's degree in social studies.

Click here to listen to Devin speak about the importance of College Education for incarcerated individuals.
https://podcasters.spotify.com/pod/show/evan-grollman/episodes/Correcting-By-Educating-Interview-With-An-Inmate-and-Bard-College-Student-e2dg1au

Leadership Roles:

• Executive Board Member for the Lifers and Long Termers
  Organization Association for Community

Extracurricular Activities:

• Facilitator for the Youth Assistance Program (Y.A.P.)
• Member of the BPI Debate Union
• Tutoring fellow for G.E.D and A.B.E students

Certifications and Program Completions:

• Association for the Community Teamwork-Certificate: Completed 180 hours in the "Cares Project"
• The Caribbean African Unity Organization: Certificate in History, Culture, and Music Theory
• Healing Communities Network: Six-month participation certificate
• Hudson Link/Project Build Organizations: Participated in a Socioeconomic Development course
• Certification for Theory and Practice of Pedagogy and Tutoring

A.C.C.I. Life Skills Courses:

• D.U.I. Course
• Employment Course
• Marijuana Awareness Course
• Personal Responsibility Course
• Theft/Shoplifting Course
• Contentious Relationship Course
• Domestic Violence Course
• Anger Management Course
• Substance Abuse Course
• Offender Corrections Course
• Driver Responsibility Course

Additional Programs and Workshops:

• Project Build's "Exodus": Nine-month participation and completion certificate
• Aggression Replacement Training (A.R.T.)
• 24-week participation in Alcoholics Anonymous (A.A.)
• 24-week participation in Narcotics Anonymous (N.A.)

Osborne Association's P.A.C.E.
(Prisoners with AIDS Counseling and Education):

• HIV and AIDS awareness (HIV 101)
• Monkeypox Awareness
• C.J.I. Voices to Voices

Osborne Association's Courses:

• Fatherhood Course
• Parenting Course
• Strengthening Relationship Course

Cornerstone Family Healthcare

• HIV/AIDS Basic course
• HIV/AIDS Advanced course 

Other Certifications:

• Business Administration certificate through Stratford Career Institute
• Financial literacy certificate through Fine Equity
• Financing Credit Program through Fine Equity
• Occupational Vocational Certificate in Electrical Works
• Vocational Certificate in Tailoring
• Public Speaking Certification
• Occupational Vocational Certificate in Electrical Works
• Vocational Certificate in Tailoring
• Public Speaking Certification

Alternative to Violence Project (AVP):

• Basic Workshop
• Advanced Workshop

Project for a Calculated Transition (P.A.C.T.):

• Character Resurge
• A Challenge to Change

Hudson Link:

• PACE Workshop
• PACT Workshop

Devin's dedication to self-improvement and diverse achievements reflect his positive and productive contributions to society.