WAYNE COLE VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD), A-2010-14T4

Wayne Cole, serving a 40-year aggregate sentence with 20 years parole ineligibility after pleading guilty to kidnapping, child endangerment, and multiple counts of attempted murder following a motel hostage and shooting incident.
Became parole-eligible December 23, 2013; two-member Panel denied parole (Aug. 23, 2013) citing prosecutorial objection, prior criminal record, failure of prior incarceration to deter, numerous institutional infractions, lack of insight/remorse, minimization and substance-abuse issues.
Two-member Panel referred case to a three-member Panel for a future eligibility term (FET) beyond guidelines; three-member Panel imposed a 168-month FET (Jan. 14, 2014) under N.J.A.C. 10A:71-3.21(d).
Full Parole Board affirmed both denial and 168-month FET (Aug. 27, 2014), finding substantial evidence of high recidivism risk and that program participation did not outweigh persistent violent history, institutional infractions, and insufficient rehabilitation.
Cole appealed, arguing the record did not support a finding he would reoffend and that the FET was excessive; Appellate Division affirmed, deferring to Board's discretionary decision as supported by the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether record supports finding substantial likelihood Cole would reoffend if released	Cole: record does not support that finding; Panels relied on negatives and omitted program participation	Board: Panels considered full record, confidential reports, risk score, infractions, lack of insight, and program participation but found it insufficient	Affirmed — Board applied correct standard; record contains substantial credible evidence supporting finding
Whether Panels applied incorrect parole-release legal standard	Cole: Panels used wrong standard	Board: Correctly applied preponderance-of-evidence substantial-likelihood standard given sentence date	Affirmed — standard was correct and applied properly
Whether omission of Program participation from initial decisions invalidated Panels' rulings	Cole: Panels considered incomplete record, excluding some program participation	Board: Panels amended decisions to include program participation; inclusion did not alter conclusions given other factors (risk score, infractions)	Affirmed — amendments made and program participation insufficient to change result
Whether 168-month FET was excessive	Cole: FET too long given rehabilitative efforts	Board: FET warranted under N.J.A.C. 10A:71-3.21(d) because presumptive term was inappropriate given lack of satisfactory progress	Affirmed — 168-month FET not arbitrary or unreasonable; supported by evidence of high recidivism risk

Hare v. N.J. State Parole Bd., 368 N.J. Super. 175 (App. Div.) (deference to parole board decisions; reversal only if arbitrary or capricious)
Trantino v. N.J. State Parole Bd., 166 N.J. 113 (standard for appellate review of parole board actions)
McGowan v. N.J. State Parole Bd., 347 N.J. Super. 544 (App. Div.) (upholding lengthy FET when supported by evidence of high recidivism risk)