Press Release  Board Denies Parole for Gloucester Juvenile

Salem, Massachusetts — The Massachusetts Parole Board denied parole to Joshua Halbert, 44, who was convicted of first degree murder in the 1988 stabbing death of David McLane in a decision released on March 12, 2015.  Mr. Halbert was sentenced to life in prison without the possibility of parole on February 7, 1989 but became parole eligible after the Massachusetts Supreme Judicial Court ruled that juveniles may not be sentenced to life without the possibility of parole.  Mr. Halbert was just 25 days short of his 18^th birthday when he murdered Mr. McLane.

“Mr. Halbert viciously beat and stabbed Mr. McLane in the head simply because Mr. McLane was gay,” said District Attorney Jonathan Blodgett.  “I am relieved for Mr. McLane’s family and friends that the Board denied parole.  Justice was served with this decision.”

On September 28, 1988, Kevin Pierce asked Mr. Halbert if he wanted to “roll a fag tonight.”  Mr. Halbert agreed.  Together with John Nichypor they targeted David McLane, 38, whom Mr. Pierce knew to be homosexual.  They arranged an invitation to his house in Gloucester and, after drinking and watching pornographic movies, savagely choked, beat, and stabbed Mr. McLane to death.  He was found the next day with two steak knives protruding from his head.

In opposing his parole, Essex Assistant District Attorneys Cathy Semel and A.J. Camelio argued that Mr. Halbert continues to minimize his role in the murder and denies the motivation as well as having a continued substance abuse problem and over 60 disciplinary reports while in prison.  These factors, they argued, suggest that his role in the murder reflects ingrained and still unresolved problems, rather than the lack of judgment and impulsiveness of a juvenile.

The Board ruled that Mr. Halbert will have a review hearing in four years.

Mr. Halbert’s co-defendant, John Nichypor, 44, who was also 17 at the time of the murder, is scheduled to appear before the Parole Board on March 26, 2015 at 1:00 am for his initial hearing.  Essex ADAs Semel and Camelio will appear to oppose Mr. Nichypor’s parole.

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