Illness may get son who milked Brooke Astor out of jail

Anthony Marshall, the 89-year-old son of the philanthropist and socialite Brooke Astor, is so sick and frail that he is eligible to be released from prison after serving just one month of his sentence of one to three years, New York state corrections officials have determined.

The Board of Parole will make the final decision after interviewing Marshall, with his lawyers present, next month.

Soon after Marshall surrendered on June 21 to begin serving his sentence, his lawyers filed for medical parole, which state law allows for inmates who are terminally ill or have significant and permanent illnesses.

To be eligible, inmates must be "so physically or cognitively debilitated or incapacitated that there is a reasonable probability" they no longer present any danger to society. Marshall's problems include Parkinson's disease and congestive heart failure.

One of his lawyers, Kenneth Warner, said Marshall could not walk, stand, clean himself or dress himself and he had potentially life-threatening swallowing issues. "He's dramatically debilitated and incapacitated," he said.

After doctors under the direction of corrections officials evaluated Marshall, he was certified as eligible for medical parole.