--
Oct. 17--A prosecutor and relatives of a young family killed in a Brazoria County apartment fire more than a decade ago are outraged over a decision by the state parole board to release the woman responsible for their deaths.
They want to know why Sadie Proffitt, convicted of murder and not eligible for parole until 2031, was released from prison early.
State officials say medical confidentiality rules won't allow them to answer the families' questions.
A jury convicted Proffitt on two counts of murder in 2002 and sentenced her to 60 years in prison for the deaths of Omar Attar, 18; his wife, Felicita Attar, 18; their infant son, Omar Jr; and Attar's twin brother, Daniel. Proffitt set a fire in her Lake Jackson apartment on Oct. 10, 2000, in an effort to make her husband's death by natural causes appear accidental so she could collect $30,000 in insurance money.
The Attars died, trapped by smoke and flames, when the blaze spread to the apartment above.
State law requires defendants convicted of an aggravated offense to serve at least half their sentence before they become eligible for parole, but the state Board of Pardons and Paroles released Proffitt on May 11 under medically recommended intensive supervision, granted to inmates who are terminally ill or need long-term care and no longer considered a threat to public safety.
The victims' families learned of her release in August.
"I just don't get our system," said Felicita's mother, Anna Gutierrez. "When I found out, I dropped the phone and went outside and screamed. I feel sick inside."
Her son, Jessie Mendiola, said he believes justice has been overturned.
"To me, a murderer shouldn't be let out," he said.
Questions about illness
Proffitt, now 66, has a "serous medical condition with severe symptoms," parole board chairwoman Rissie Owens wrote in an e-mail to the Houston Chronicle. "Physicians state that her condition is not expected to improve and her maximum life expectancy is six months to one year."
A report from an investigator for Brazoria County District Attorney Jeri Yenne, who prosecuted the case, raised questions about the extent of Proffitt's illness, however.
Yenne said she plans to lobby for changes in the medical parole program during the next legislative session. She has written to Gov. Rick Perry and state lawmakers, while the victims' families have circulated petitions.
Yenne found out about Proffitt's release the same way Gutierrez did, through the media.
The district court in Brazoria County had received a letter from the state in April stating that Proffitt was not eligible for parole until 2031, so Yenne was shocked to discover in August that Proffitt had been released four months earlier.
"The parole board was sending out notification that she was not eligible and at the same time, it was getting a medical parole," Yenne said. "A jury sentenced her to what they believed was the maximum sentence. The board owes the public some answers."
The state's Victim Services Division is responsible for notifying victims and their families when offenders are eligible for parole, but the victims must register to receive the information.
Gutierrez said her daughter -- Felicita's sister -- registered but was not notified.
Didn't get a letter
Omar's father, Riad Attar, said he and his wife assumed they would be registered automatically, as parents of a victim. Yenne said she contacted the parole board about not being notified and was told a letter had been sent.
Jason Clark, spokesman for the Texas Department of Criminal Justice, said there is no system to ensure victims and their families receive notification, but "every effort" is made to notify those who have registered.
Lawmakers created the medical release program in 1991 to save money. By releasing older inmates and those with significant medical problems, the state avoids costly medical care.
Inmates are referred by physicians, and the Texas Correctional Office for Offenders with Mental or Medical Impairments makes recommendations to the Board of Pardons and Paroles.
Inmates sentenced to death or life without parole and those who commit certain violent crimes are not eligible.
As an officer of the court, Yenne later received information about Proffitt's release but is not allowed to share it.
'They made a mistake'
Skeptical, she sent an investigator last month to visit Proffitt at the North Texas senior facility where she lives.
The investigator said Proffitt uses a wheelchair but told the investigator that her illness is not life-threatening.
Yenne says she respects the board, but "they made a mistake in this case."
The victims' families, aware of the investigator's visit, say Proffitt is living a good life, while they continue to suffer.
"It's not fair at all," said Riad Attar.
