Inmate sues over '04 revocation of parole

A Utah State Prison inmate whose parole was revoked after DNA evidence allegedly linked him to several rapes over a decade ago has sued the state, claiming a violation of his constitutional rights.

Rudy Romero was one month shy of his July 27, 2004, parole date when the state Board of Pardons and Parole notified him that he had been identified as a "prime suspect in several different sex crimes." Based on that information, the board rescinded Romero's parole date and set a July 2029 rehearing to next consider Romero's release from prison.

Romero, who has served 10-plus years of a possible life sentence for robbery, claims the board's actions are based on allegations for which he cannot be tried because the statute of limitations on the crimes has expired.

"This is a unique case because the state Board of Pardons has held me captive past my parole date for several alleged crimes for which they admit can't be prosecuted, as the statute of limitations has elapsed," Romero writes in his complaint, filed Thursday in U.S. District Court.

The board, Romero said, has denied his requests for an attorney and "has acted as judge, jury and executioner" in the matter.

"All of this being done without an adjudication of guilt or innocence and in violation of due process, equal protection and fundamental fairness," the complaint states.

The board sought input from its legal counsel prior to acting in Romero's case, spokesman John Green said Friday, and still believes Romero was provided "full due process" at all times.

"The board would not have proceeded unless it felt very confident that what it was doing was appropriate," Green said.

Romero was identified as the so-called Parkway Rapist last spring after DNA evidence allegedly linked him to five of 13 unsolved rapes and abductions that occurred along the Jordan River Parkway between 1990 and 1993.

In its June 23, 2004, letter to Romero, the board of pardons noted it was an "administrative tribunal" that is allowed to "consider all aspects of an inmate's life" when granting an early release from prison.

Acting as his own attorney, Romero names as defendants Utah State Prison warden Clint Friel, board chairman Mike Sibbett, the state Department of Corrections and the state of Utah.