By Ed White
Associated Press
DETROIT (AP) -- A young man who plotted a massacre at his Macomb County high school in 2004 will be released from prison after the Michigan Supreme Court overturned earlier rulings and reinstated a decision granting him parole.
In a 6-1 ruling, the court said the state parole board did not abuse its discretion in giving parole to Andrew Osantowski on his first opportunity.
"The decision to grant parole was based on evaluation of objective criteria established by Michigan Department of Corrections policy directives that were required by statute, and was within the range of principled outcomes," the justices said in a brief order last Wednesday.
In 2005, Osantowski was convicted of threatening an act of terrorism and other charges. As a teen, he had sent messages to an Internet chat room saying he might kill fellow students at Chippewa Valley High School near Mount Clemens.
Osantowski was granted parole in 2009 after 4 1/2 years in jail and prison -- the minimum sentence -- but authorities persuaded a suburban Detroit judge and the state appeals court to block his release, claiming he was still dangerous.
Macomb County Prosecutor Eric Smith was outraged that Osantowski, now 23, could get out at his first parole opportunity. The maximum prison sentence was 22 years. He's now served more than six years in custody because of the legal challenges.
His family learned about the Supreme Court's order last Thursday. Marvin Osantowski of Clinton Township said it was a "Thanksgiving blessing for us."
"He's ecstatic," the elder Osantowski said last Friday, referring to his son. "Right now he doesn't believe it."
The only dissenting justice was Robert Young Jr., who wanted to hear a full appeal.
A message seeking comment was left for Smith. In June, when the state appeals court refused to allow Osantowski's release, a three-judge panel said the parole board had relied too much on his good conduct in prison.
The court said a Corrections Department assessment showed troubling scores for criminal thinking, mental health and other categories.
It wasn't immediately known when Osantowski would be released from the minimum-security Parnall prison in Jackson County, although his father predicted this week. A message seeking comment was left with a Corrections Department spokesman.
Published: Tue, Nov 30, 2010
