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Paroled killer of 16-year-old in 1980 seeks release from jail after new charge of forcible touching

McCain previously met all the conditions of his parole, he never failed a drug test, and probation officers never found any contraband during several unannounced searches of his home, according to court officials.

Ben Nandy

Jul 28, 2025, 10:41 PM

Updated 9 hr ago

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Westchester County Court Judge Robert Prisco ruled that Robert McCain may be released from jail during proceedings for his recent misdemeanor forcible touching charge if he can make bail.
McCain, who was convicted of the murder of Paula Bohovesky in 1980 and released on parole 41 years later, was arrested following an a complaint from a woman that McCain groped her at a dog park in Cortlandt.
McCain's attorney, Robert Nachamie, was at multiple hearings Monday to try to set the stage for McCain to be released from the Westchester County Jail.
When asked how McCain is doing, Nachamie said, "He's not happy, because he's in jail."
McCain and Richard LaBarbera were both convicted in the 1980 murder of Bohovesky.
Investigators said McCain and LaBarbera attacked Bohovesky as she was leaving the Pearl River Library, hitting her with a piece of pavement, stabbing her several times and sexually assaulting her.
LaBarbera was released on parole in 2020, and McCain was released in 2021 amid objections from the Bohovesky family and local officials.
Appearing via teleconference from the jail during Monday afternoon's parole recognizance hearing in Westchester Court, McCain appeared older and grayer than he looked in his past booking photos.
He moved out of the camera's view once News 12 was cleared to take photos of the proceeding.
Judge Prisco's ruling may lead to McCain's release.
An officer representing the state's parole system asked the court to hold McCain for the length of the forcible touching case.
Prisco said that since McCain obeyed the terms of his probation following his 2021 release, his only option was to release McCain on his own recognizance - if he can make bail - since it was not demonstrated that there was a substantial risk that McCain would not show up to upcoming hearings.
McCain previously met all the conditions of his parole, he never failed a drug test, and probation officers never found any contraband during several unannounced searches of his home, according to court officials.
Judge Prisco also denied the probation officer's request for electronic monitoring, citing rules that require judges to release suspects on "the least restrictive, non-monetary condition" if they do not present a substantial risk of willfully not attending a court hearing.
Nachamie is trying to lower McCain's bail from $25,000 cash to a more attainable number for McCain.
"We're going to zealously fight this case," Nachamie said. "He's saying he's innocent and that he has proof. So we're going to try to get an investigative review of that, and see if we can prove it."
McCain will be back in court Tuesday in New Rochelle for a preliminary hearing, and again Wednesday in Westchester County Court for a bail hearing.