An 88-year-old former Brooklyn resident convicted of murdering and dismembering a woman in East New York after being paroled for two other killings was sentenced on Wednesday to life in prison without the possibility of parole.
A jury convicted Harvey Marcelin last month of first-degree murder, evidence tampering and concealing a human corpse.
“The cold fact is, every time you were released, you killed someone else, which leads this court to believe that regardless of your age, if you were ever paroled again, I have no doubt that you would kill again,” Justice Danny Chun said before announcing his sentence.
Marcelin’s defense attorney declined to comment after the sentencing. Brooklyn District Attorney Eric Gonzalez said “the brutality of this shocking crime is almost beyond words.”
“He must be locked away, and today’s sentence ensures that he will never be able to hurt anyone else again,” Gonzalez said in a statement.
Prosecutors said 68-year-old Susan Leyden went into Marcelin’s apartment on Feb. 27, 2022, and never came out alive. Law enforcement later found her head and some limbs in the apartment, while one of her legs was discovered in a garbage can, according to the Brooklyn district attorney’s office.
Marcelin and Leyden lived in the same Bronx shelter in 2019 before Marcelin moved to East New York, Brooklyn, but the nature of their relationship was unclear.
Marcelin appeared in court in a wheelchair, wearing a beanie and glasses. He told the judge that another woman who was high on drugs killed Leyden — not him — and that he wished he could reassemble the body of the woman he loved.
“I am sorry for my failure to do more to protect Susan,” he said.
He also accused prosecutors of “using terrorist tactics” at trial and said he planned to allege violations of his constitutional rights. His attorney told the judge he didn’t know what those constitutional claims were.
Assistant District Attorney Leila Rosini told the judge that Marcelin should remain in prison for the rest of his life to “send a message that this type of behavior is absolutely not tolerated.”
“Even given his advanced age, there is no hope for rehabilitation there,” she said.
Every time Marcelin went before the parole board, he told the commissioners that he had learned his lesson, Rosini said.
“It is clear that all of those statements were fake,” she said.
“I believe that the defendant is still a danger to society,” she said. “His impulses, his urges, his rage, whatever makes him harm these women has not gone away.”
Marcelin was released on parole in 1984 after serving about two decades for fatally shooting a woman, according to parole records obtained by Gothamist. At the time, a parole commissioner characterized his behavior as “seriously assaultive to females” and said the behavior was part of a pattern.
During the 1984 parole hearing, Marcelin said he had lost interest in romantic relationships and would focus on taking care of his elderly mother if released.
“I can guarantee you that would you give me a chance, this will never happen again,” he said. “And I would like to prove that I can do something right.”
Shortly after his release, Marcelin stabbed a woman to death, according to parole records. In that case, he was observed carrying a garbage bag that was dripping with blood from his apartment, which contained the body of a woman he had been living with.
Marcelin told the parole board in 2019 that the woman hadn’t been paying rent, and he “went berserk” during an argument with her. He also said he was on cocaine at the time.
“I’m very sorry that it happened,” Marcelin said, according to a transcript of the parole hearing. “But I just lost it for a minute.”
Marcelin said his whole family had died while he was incarcerated and that he had been working with organizations like the Fortune Society to help him prepare for life outside of prison. If released, he said, he planned to volunteer at soup kitchens and “instruct people not to go down the route that I’ve gone.” He also said he had stopped using drugs.
When a commissioner pointed out his “lengthy” criminal history and “very, very aggressive” sexual activity in the past, Marcelin said he was “fully ashamed of that.”
“I’m no longer that person,” he said.
Marcelin then assured the parole commissioners that he was “fully transformed” and “respectful of the law.”
“I give you my word, I will never re-offend,” he said.
Less than three years later, he killed Leyden.
This story was updated with additional information.