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Justice asks judge for return to prison Convicted killer wants to be free of oversight

John D. Justice was released from prison in 2005 after serving 20 years for killing his parents, his brother and a neighbor.

Now he wants a judge to send him back.

State Supreme Court Justice Russell P. Buscaglia is scheduled today to consider Justice's personally drafted motion seeking release from the Erie County Holding Center and a return to state prison.

Justice, who has been in the holding center since he allegedly threatened workers at a halfway house last year, apparently wants to serve the eight years left on his 30-year prison sentence and be free of state parole constraints.

In his motion, Justice, 39, claims that his continued detention in the holding center is "illegal and unconstitutional."

In 1992, Justice was convicted by a jury of first- and second-degree manslaughter in the Sept. 16, 1985, deaths of his mother, Mary, 37, and a neighbor, Wayne Haun, 22. Six years earlier, another Erie County Court jury had convicted him of second-degree murder in those deaths but found him innocent of murder by reason of insanity for killing his father, John W., 37, and brother, Mark, 13.

According to law enforcement sources, Justice, a Kenmore West High School honors student, had apparently become enraged and blamed his mother for refusing to finance his college studies at an expensive school.

After stabbing his family members to death in a two-hour rampage in the family's Mang Avenue home, Justice caused the death of Haun in a two-car crash on Military Road as he drove his parents' car at a speed of more than 80 mph.

Following years of court fights, he was paroled in September 2005 to Grace House on Bailey Avenue, a halfway house where he had been sent for a year of post-prison mental and anger management counseling.

State parole officers took Justice into custody Aug. 7 after he allegedly threatened staff members at Grace House.

Law enforcement sources said Justice told officials he made the threats because he wanted to be arrested and sent back to prison so he could complete his prison term and be free totally from state control.

He also told officials in August that be believed the counseling he had been getting was a waste of time, the sources said.

Buscaglia declined to comment on today's scheduled court session, but law enforcement sources said the judge will likely appoint an attorney to represent Justice.

e-mail: mgryta@buffnews.com

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