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Paroled Ex-Cons Make a Baby But Still Can't Live Together

Forbidden love in the bar scene

Placed together by the state Parole Division in a homeless shelter last summer, recently released convicts Crystal Boyd and Andre Gainey found love blossoming between them. But now that Boyd has given birth to Gainey's child, the same agency that made their relationship conceivable has forbidden them from living together.

Until their parole expires in 2012, apparently not even a shotgun wedding will change the government's mind.

"The deal is, parolees are not supposed to be fraternizing with parolees, let alone be having children together," says Parole Division spokeswoman Carol Weaver.

Theirs was a match made in Valhalla—not the Nordic heaven, but the Westchester County town's homeless shelter, where both were sent shortly after being released from prison after serving stints for robbery. They hadn't known each other until reaching Valhalla.

Before they found love, both found violence. Gainey, now 23, did five years, most of it in Attica, after being convicted of assault and robbery in the Bronx. Boyd, now 27, was sent to prison after she and two other women viciously beat up a woman in White Plains who was dating her ex-boyfriend. Boyd admits there were "a lot of massive kicks that brought a lot of trauma." The victim, in fact, was left partially blind.

They did the time for their crimes, but when they were released in the spring of 2007, neither had a place to stay. Gainey's mother took him in for a time, but he says she kicked him out because they weren't getting along. Boyd, whose mother died when she was young and whose father has never been in the picture, was set to move to North Carolina with her brother. But two months before her release, she says, her brother died in a motorcycle crash.

That's how the star-crossed ex-cons found themselves in the Valhalla shelter together. When sending them there, their parole officers had warned them to stay away from other parolees (and this despite the fact that the woman Boyd was assigned to live with was also on parole, as were many others in the shelter). Fraternizing with ex-cons or criminals, they were told, would violate their parole. Both Gainey and Boyd say they didn't know the other was a parolee, but given the high number of parolees living in the shelter, they both acknowledge that they purposely took a don't-ask-don't-tell approach.

By August 2007, they had moved out of the shelter, and soon thereafter, Boyd learned that she was pregnant. They kept their relationship secret from their parole officers and maintained separate apartments for fear of being sent back to prison.

But this past May, their relationship was uncovered: A parole officer spotted the two in a grocery store and notified Gainey's parole officer. The next day, the parole officer made a surprise visit to Gainey's apartment. Gainey hadn't returned home from work yet, so the parole officer called him and said she wanted to meet with him. Gainey had picked Boyd up from work that night and was giving her a ride home.

Gainey's parole officer subsequently reported this violation of his parole: She had spotted Boyd sitting in the car.

Gainey was sent back to jail for 30 days. With the baby's due date fast approaching, Boyd tried visiting him, but was told she wasn't allowed to see him because she was still on parole herself. Gainey got out six days before his child's birth.

On June 12, Andre Gainey Jr. was born, at seven pounds, seven ounces, after 36 hours of what the couple says was a very difficult labor. Boyd finds herself overwhelmed most of the time, even though Gainey helps take care of his namesake.

"It's a risk, but who's gonna watch the baby?" says Gainey.

Having to live apart also causes a financial strain. Too bad, says the state. People on parole who aren't already married aren't allowed to associate with each other, whether or not they have a baby in common. Department of Correction records show that Gainey is on parole until April 9, 2012. But even then, the couple will have to wait two more months, until Boyd's parole expires on June 9 of that year. By then, Andre Jr. will be three days short of his fourth birthday.

 
  • cathy 12/28/2009 3:54:00 PM

    I THINK THEY SHOULD LEAVE THESE PEOPLE ALONE MAN.THEY AINT DOING NOTTHING WRONG BUT LOVING EACH OTHER. THYE HAVE A CHILD NOW AND TRYING TO DO RIGHT.I DONT UNDERSTAND THE STATE.WE DO GOOD ITS WRONG,WE DO BAD ITS GOOD FOR THEM TO.I MEAN WTF YA WANT FROM US.... LEAVE THEM IN PEACE,,LET THEM LIVE THERE LIFES HAPPY WITH THERE NEW BABY....

  • Guest 01/11/2009 7:41:00 PM

    The have Jaywalkers, sidewalk sleepers, and Pot Smokers rotting & lingering in jail and these crooks are OUT & our new Cleaver Family. "The chick I beat-up is blind in one eye." My God what does she want Mother-of-the-Year status?

  • Big Bill 08/18/2008 5:34:00 PM

    Yikes! Now I know why New York taxes are killing folks. You not only have to hire two parole officers to protect the community from these folks, but a social worker has to be assigned to make sure they don't lose their temper in a violent fit of rage (again) and stomp the baby to death. If Mom gang stomp good enough to blind an adult woman, she could easily launch her 7 pound baby into orbit.

  • sad 07/29/2008 10:20:00 PM

    Like I said, cry me a river. When you are/have been in prison, your rights are moot. They couldn't live by the rules in the first place, that's why they were there. They still can't live by the rules and they and their offspring will be back in prison. I WISH there was a way to charge liberals more tax so that you can take care of all of your projects in prison and on welfare. What about the rights of their victims? Do you liberal do gooders consider the victims including their child? How about you start a fund to take care of them? You can make the first donation.

  • Venson Thomas 07/29/2008 5:51:00 PM

    This is really sad. There are any number of persons on parole that get into trouble without the aid of another parolee just about every day. In this case I don't quite understand why the rule has to be so rigid. I'd think trying to begin a family, at least for a time, might make both parties want to move toward an everyday and whole life. That can't be guaranteed I'm sure but you have to allow people judged to have strayed a chance to attempt to redeem themselves -- for themselves -- at some time, somewhere. If a parole board has deemed their return to society of no great risk to the general public and has seen fit to free them, I feel they should be allowed to live like the rest of us and not have to go around bearing the mark of Cain. What is helped, where is the healing? To me it appears better to leave them in jail than expose them to our mean spiritedness outside it. Keeping in mind the pasts of both, why not see to it they get some kind of useful counseling to help them get a better footing on dealing with life in our now thoroughly messed up economy and job shortage without falling back on crime? How about some guidance regarding parenting? More than enough money is spent and made on imprisoning people. Why not spend possibly less to help them set theirselves free and to stay free?

  • Eddie 07/26/2008 12:09:00 AM

    Whether or not they're on parole makes no difference. I thought that people in the US had a constitutional right to freedom of association. This sounds like a profound violation of that right and has implications far beyond the fact they have records. This is about 'big brother' and state control of the population. Those who scoff at thier dilemma should consider your own situations in that your government could limit your own right to associate with others based on race, legal standing, mental ability or some other made up excuse. Try watching a movie call "Brasil"

  • Sad 07/25/2008 4:52:00 PM

    Oh cry me a river. Too bad, so sad. Why should they be any different from any other tax sucking leeches? So what their kid will be 4 IF they decide to get married. I doubt either one of them will stay out that long. They haven't made any sound decisions so far.

  • Darren 07/23/2008 10:20:00 PM

    The poor decisions keep coming.

 

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