Paroled convicted killer of Rockland teen could be released from jail following recent arrest - and then sent back to jail
Robert McCain, 64, had a preliminary parole revocation hearing in New Rochelle, which did not go his way, though there is much more to come in this case.
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The paroled convicted killer of a Rockland teenager in 1980 went back before a judge Thursday as he tries to secure release from the Westchester County Jail, while a new case against him proceeds.
Robert McCain, 64, had a preliminary parole revocation hearing in New Rochelle, which did not go his way, though there is much more to come in this case.
McCain — who served 40 years in prison for the murder of 16-year-old Paula Bohovesky in Pearl River, before being released on parole in 2021 — maintains he is innocent of this new charge.
Seated about 20 feet away from McCain, the alleged victim, known as Jane Doe, testified that on July 4, McCain asked her to meet him at the Cortlandt Dog Park.
She said that once she arrived, he asked her to sit next to him on a bench.
After sitting down, she said, McCain put his arm around her and began groping her beneath her sports bra.
The alleged victim said that McCain asked her, "Does it feel good?" and that "he said he'd been watching me, that 'I like you a lot,' and 'You're just my type.'"
In his only moment of animation, McCain shook his head and sighed during the alleged victim's testimony.
Jane Doe said she froze for a moment, then ran to a nearby soccer field and waited for McCain to leave because their cars were parked close to each other, and "I didn't want to have to challenge him."
Westchester County police charged McCain with one count of misdemeanor forcible touching.
McCain's parole officer testified McCain has behaved since his 2021 parole release. He has never failed a drug test, he has held down a full-time job and surprise searches of his home in Verplank turned up nothing illegal.
McCain's attorney said that for those reasons, McCain did not violate parole and should not do any jail time.
The judge ruled there was a preponderance of evidence that McCain may have violated parole, and scheduled a final parole revocation hearing for Sept. 24.
The family of Paula Bohovesky, her friends, and several elected officials originally opposed McCain's 2021 parole release, and they oppose any efforts to secure his release now.
Westchester County Judge Robert Prisco ruled last week that McCain should be released if he can make bail, which is currently $25,000 cash, $50,000 bond.
McCain's attorney in the court case, Robert Nachamie, said late Thursday he would be in court Friday morning before Prisco to request a lower bail and secure McCain's release.
If McCain is able to make bail, or if he is released without bail, he might not stay out of jail through the proceedings for the forcible touching charge.
If on Sept. 24, the parole judge rules McCain violated parole, McCain could be sent back to jail.
A criminal or misdemeanor conviction is not necessary for state parole officials to conclude that a parolee violated his parole terms.
