WASHINGTON - Charlotte Gray says the recent release of her son's killer is like living the pain of his 1999 murder all over again.
Keith Fogle had just begun serving his 10-year sentence for Edward Gray's mistaken-identity murder after finishing a sentence for a federal drug charge. He wasn't tied to the murder until years later.
Fogle had only served about a month of the newer sentence when D.C. Superior Court Judge Julie Becker granted his request for compassionate release due to the risk of the COVID-19 pandemic.
Fogle was released from prison on November 20.
Court filings show in the weeks after Fogle's release probation officers with the Court Services and Offender Supervision Agency did not know his whereabouts until Thursday. He was supposed to have been monitored in the weeks before then, but failed to comply and be in touch with the probation office, according to court records.
Judge Becker has ordered a hearing on the alleged probation violation for January, and according to Gray, Fogle's lawyers have called the lack of adherence to probation a misunderstanding.
Gray is still demanding an explanation from Judge Becker about why she released Fogle in the first place.
"It was just well he got a chance of catching COVID so let's let him go free. That's not fair the the family. We're being victimized twice. Once with the death and now this," Gray said.
The judge indicated in her release order that she would file a document with the court elaborating on her decision, but has not done so yet.
"We were sure that at least for 10 years we didn't have to worry about it and now we're in this position of looking over our shoulders," Gray said.