By Eileen Buckley
Buffalo, NY – A Kenmore man who spent 20 years in prison for the murder of his family and a neigbhor is now seeking release from the holding center.
John Justice was released on parole in 2005. But he was arrested last year on a parole violation and remains at the Erie County Holding Center.
Justice appeared in State Supreme Court Wednesday. He is claiming his detention at the Erie County Holding Center is unlawful. Justice was convicted for the 1985 murders of his parents and brother in their Mang Avenue home, and for the fatal traffic crash that killed his neighbor Wayne Haun. 22 years later, he is back in jail on a parole violation.
Justice allegedly threatened workers at the Grace House Group home, a halfway house where he was living. Justice submitted a motion to the court claiming his detention at the holding center is illegal and unconstitutional.
Assistant County attorney James Tuppen appeared on behalf of the County Sheriff in court. Tuppen says the court hearing was a Habeas Corpus proceeding so Justice could make his claim as he seeks his release from the holding center.
But Justice appeared in court without an attorney. Supreme Court Justice Russell Buscaglia refused to hear arguments and adjourned the proceeding. The judge assigned Justice's parole attorney to represent him on the detention motion and a new hearing will be held on April 25th. For now, Tuppen says Justice will remain at the Holding Center
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