02/02/2026
Attached please find an a link to the email we submitted to the Executive and administrative staff members at the Department of Corrections which put them on Legal Notice that they are illegally holding Mr. Nicholas Zimmerman in prison past his Mandatory Release Date.
Deputy Foley of Elmira Correctional Facility alleges that Mr. Zimmerman has not completed his "Recommended Programming" and therefore has rescinded 7 1/2 years of his Good Time Credits. However, pursuant to the newly enacted HALT Solitary Confinement Act, Mr. Zimmerman pursued and completed his programming while in the Residential Rehabilitation Unit at Great Meadow and Elmira Correctional Facilities and the new laws regarding programming states:
"When an incarcerated person is discharged from a residential rehabilitation unit, any remaining time to serve on any underlying disciplinary sanction shall be dismissed. If an incarcerated person substantially completes his or her rehabilitation plan, he or she shall have any associated loss of good time restored upon discharge from the unit. (See Correctional Law 137 (6)(m)(iii) and (iv))"
Commissioner Daniel Martuscello has quietly instructed prison staff members not to follow the laws of the HALT Solitary Confinement Act because he feels that this new law gives to many rights, privileges and entitlements to the prison population (which includes granting prisoners early release) and he has been sued and found liable many times for violating the HALT law. (see “Prison Agency Seek to Dramatically Narrow Solitary Confinenent Law”, Chris Gelardi, November 13, 2025, www.nysfocus. com
Also see:Wingate v. Martuscello 2025 WL 3671818 (3d. Dept. 2025), Fuquan F. v. D.F.M. III, 87 Misc. 3d. 589 (Sup. Ct. Albany County, June 18th, 2024), Matter of Walker v. Commissioner, NYS DOCCS 241 AD3d 1 (3d. Dept. 2025), Peterkin v. NYS Department of Corrections and Community Supervision 242 AD3d 26 (3d Dept. 2025), Suarez v. State of New York 87 Misc. 3d 1236(A) (Court of Claims November 7th, 2025), Shaw v. Martuscello 2025 WL 3235855 (3d. Dept. 2025), Matter of Spencer v. Martuscello 2025 NY Slip Op 06948 (3d Dept. 2025), Baher v. Rodriguez 2025 WL 3671845 (3d. Dept. 2025).
However, after serving 25 years in prison for a crime he did not commit (see www.FREENicholasZimmerman.com) Martuscello and Governor Kathy Hochul simply refuses to follow the HALT Law that was passed by the New York State legislature with overwhelming bi-partisan support.
We ask that you please review the attached letter, and the appeal that we submitted to Commissioner Daniel Martuscello, Governor Kathy Hochul, and the prison staff at Elmira Correctional Facility at www.MadisonAvvenueEntertainmentGroup.com/nickdeniedgoodtime requesting Mr. Zimmerman's IMMEDIATE RELEASE based on the fact that he is being held past his Mandatory Release Date and help us advocate for Mr. Zimmerman's release by posting his story on your website, social media pages, podcast and/or forwarding this email to all of your email contacts.
Additionally, if time permits, after reading Mr. Zimmerman's appeal we ask that you submit an email to Governor Kathy Hochul and Commissioner Daniel Martuscello voicing your concerns about all the laws they have broken to keep Mr. Zimmerman in prison past his Mandatory Release Date. (The email address is: [email protected] and [email protected] NOTE: Please forward us a copy of any email you submit on Mr. Zimmerman's behalf such that we will also have a copy for our records.)
The more awareness and support we can get on this case, the faster we can get Mr. Zimmerman out of prison. We thank you for your time and attention to this matter and if you have any suggestions on how we can bring more awareness to Mr. Zimmerman's illegal incarceration, we would surely appreciate your input.
Sincerely,
The Admin Team at The FOCIS Paralegal and Advocacy Group
Administrative Paralegal: Posha Jenson
www.MadisonAvenueEntertainmentGroup.com/nickdeniedgoodtime
