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Ark. Parolee Program Under Scrutiny
By Associated Press
Published: 07/29/2002

Sandra Purtle was driving to visit her sick grandson last year when she crossed paths with a man her family insists never should have been roaming the streets.
Derrick Burrell, a convicted rapist, had been out on parole for about five months when he allegedly stole Purtle's car, shot her to death and dumped her body in a wooded area behind a vacant house.
State memos show Burrell was never outfitted with an electronic monitor, apparently never confronted about a positive drug test and had been mislabeled as a medium-security risk after his release from prison.
Purtle's family appeared before a state board last week seeking $1 million in damages, arguing that the state mishandled the case and that a lack of supervision led to the woman's death.
The state of Arkansas argued it can't be held liable for crimes committed by parolees, even if its probation officers didn't properly monitor Burrell. Officials claim that once inmates leave the gates, Arkansas enjoys sovereign immunity over any future failings.
While the state enjoys immunity from many lawsuits, it does have the Claims Commission, a quasi-judicial group that has exclusive jurisdiction over all claims against the state.
The commission in April rejected the Purtle family's claim for damages, saying it did not have jurisdiction to hear the claim. But the Legislative Council Claims Review Committee, a subcommittee of the Legislature, directed the commission recently to give the Purtle family a full hearing.
Burrell, 35, was convicted of rape in 1983 and sentenced to 15 years in prison. He was convicted of battery four times while in prison. In 1987, he was charged in the death of another inmate, but was later acquitted.
According to documents obtained by the Purtle family and shared with The Associated Press, the state never arranged for electronic monitoring for Burrell and released him under medium supervision instead of the maximum supervision required for past sex offenders.
Burrell's probation officer also was unable to tell investigators whether Burrell was confronted about a positive marijuana test two weeks before the killing.
The state records show that a parole officer Clifton Blunt acknowledged several problems in Burrell's case - including the failure to verify Burrell's whereabouts for three months and leaving the positive marijuana test out of Burrell's file.
While in Little Rock for a court appearance in May, Burrell escaped from a prison bus and allegedly raped an 18-year-old woman before being captured the next day. Two sheriff deputies were fired after the escape.



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