Man accused of murder has sexually violent past, released early on potential life in prison sentence
COLORADO SPRINGS, Colo. (KRDO) -- 13 Investigates is digging into the past of a man accused of raping and killing a Colorado Springs woman on Monday evening. 39-year-old Gregory Whittemore has been charged with the first-degree murder of Allison Scarfone. Court documents say he raped Scarfone, killed her, and stuffed her in a garage at his residence.
Whittemore has a well-documented violent sexual past, including seven felony charges in one case from 2012. Whittemore took a plea deal down to sexual assault and was sentenced to a five years to life in prison on an "indeterminate" sentence. According to court documents, Whittemore told police he "attempted to murder" a female in the case. 13 Investigates spoke with Colorado Springs attorney Jeremy Loew about what an "indeterminate" sentence is.
Loew said this type of sentence is solely reserved for sex crimes. In this case, a judge imposed the mandatory minimum sentence of five years in the Department of Corrections. From there, it is the discretion of the parole board, appointed by Colorado Governor Jared Polis, to determine when he is released.
"After a judge sentenced him, the Department of Corrections could have kept him in prison for the rest of his life, or until they believe that person is rehabilitated enough through sex offender classes to be released back into the community," Loew explained.
Whittemore was sentenced for the 2012 offense in 2017. Court records say he had 1,047 days of pre-trial time served before his sentence. The date of his parole is still unknown. 13 Investigates has asked the Department of Corrections specific questions about his release. They said they could not get us the information we requested by today.
The office of Colorado Governor Jared Polis has not responded to our request for comment regarding the parole board's decision to release Whittemore early.
Whittemore is a registered sex offender and is on a public database from the Colorado Bureau of Investigation as someone with a felony conviction for sex crimes.
In arrest documents obtained by 13 Investigates, Whittemore told police he was having "psychotic and crazy thoughts" before allegedly killing Scarfone. The sex offender said he had an active ankle monitor on. Ankle monitors are usually reserved for offenders under intense supervision by the state.
Loew said it is extremely uncommon for someone convicted of a violent sex crime to be released before their mandatory minimum sentence. He said his credit for time served could be one reason, but another could be a backlog in the required sex offender classes needed before release.
"Usually a sex offender would serve their entire time before they are eligible for parole," Loew said. "There is such a backlog of people needing sex offender classes. You essentially need to finish your sex offender classes before you can be paroled."
Governor Polis has recently penned a letter to the CCJJ (Colorado Commission on Criminal and Juvenile Justice.) In the letter penned on September 15, Polis asks the CCJJ to examine services for people reentering the community from a period of incarceration. Specifically, "services provided to recently released parolees."
Whittemore is in the El Paso County Jail on no bond. He is also being held on a parole hold.
