A convicted killer no longer on death row will get his first chance at parole later this month.
The Utah Board of Pardons and Parole has scheduled a Feb. 24 hearing for Elroy Tillman — the first one he's had since he went to prison in 1983 for the murder of Mark Schoenfeld.
"He's been in prison for 25 years, and so the board felt like they needed to at least give him a hearing," parole board spokesman Jim Hatch said Thursday. "Now that he's been taken off of death row, he is eligible for parole. That is not to say he's going to get parole."
An original hearing is required so that the five-member parole board can consider whether an inmate should be eventually released. Because he originally had a death sentence, Tillman, now 73, was never eligible. His death sentence was vacated in 2005 because of evidence that prosecutors had misplaced and surfaced only weeks before his scheduled execution in 2001.
The Utah Supreme Court overturned Tillman's death sentence but not his conviction. Tillman was convicted in the 1982 slaying of Schoenfeld, 28. Prosecutors claimed the crime was fueled by jealousy because Schoenfeld was dating a former girlfriend of Tillman's. Prosecutors said Tillman sneaked into Schoenfeld's Salt Lake home, waited until he fell asleep, beat him to death with an ax and set his bed on fire — possibly while Schoenfeld was still alive.
Tillman has maintained his innocence, something that could affect his chances for parole. The board often considers acceptance of responsibility as a mitigating factor when determining whether to release a prisoner. A representative of the victim or his family will be invited to the parole hearing, Hatch said.
"We contact any victims and they have the right to speak," he said. "Some decide to come and others don't."
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