🔴 Woman convicted of killing her two young children in a gasoline fire gets parole hearing.
🔴 Her sentence was partially commuted, sparking outrage from family and prosecutors.
🔴 Father says he’s forced to relive the tragedy and got no notice.


A woman convicted of pouring gasoline on her two young children and setting them ablaze may still go free from state prison despite receiving a 100-year sentence.

Parole hearing reignites outrage across New Jersey

On Friday, Maria Montalvo stepped before the New Jersey State Parole Board. Her closed hearing was the result of a decision made by then-Gov. Phil Murphy. On Jan. 20, the outgoing Democrat commuted her sentence for one of the two murders and made her eligible for parole.

A wave of outrage and disgust followed from residents, state lawmakers, and Monmouth County Prosecutor Raymond Santiago. Among them was the father of the children who were burned alive.

Then-Gov. Phil Murphy announces clemency actions on Dec. 16, 2024. (Governor's Office)
Then-Gov. Phil Murphy announces clemency actions on Dec. 16, 2024. (Governor's Office)
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Father’s emotional plea

The father, Raul Aponte, sent a letter to the parole board begging its members not to let Montalvo out of Edna Mahan Correctional Facility for Women. Aponte shared the letter with the Asbury Park Press, which published parts of it in a published report.

According to the Press, Aponte was never consulted or even notified before the killer of his children was granted clemency. He found out about Murphy's decision in a text from a friend, and compared the feeling to being punched.

"I was suddenly thrust back to Feb. 22, 1994, at 9:22 a.m. Since the day I found out what Gov. Murphy did, I have been forced to relive that day over and over and over," Aponte said in the letter.

"The reality is that he has assured the only way this ends is when the Good Lord calls me home."

Aponte could only watch as his two young children died. A gasoline fire that spewed from Montalvo's car prevented him or first responders from doing anything to save 16-month-old Zoraida and her 2-year-old brother Rafael.

Maria Montalvo NJ Department of Corrections
Maria Montalvo was convicted of burning her two children to death in a vehicle on Feb. 22, 1994. (NJDOC)
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Prosecutors say killings were deliberate

Prosecutors said the Union Beach mom spent $3 to fill a gas can and then drove to Aponte's parents' home. Aponte's mom, the children's grandmother, said that she saw Montalvo pour gasoline on the Volkswagen Jetta, and then "stoop, bend and throw something into the vehicle" before the flames erupted.

Montalvo was badly burned as well; her clothes were soaked in gasoline and caught fire, prosecutors said.

According to prosecutors, it was a purposeful and planned crime — Aponte had ended his relationship with his wife, Montalvo, days before the killings.

NJ mom convicted of murder maintains innocence

Despite her convictions, Montalvo has maintained her innocence for more than three decades. In appeals, defense attorneys said the gas can was leaking fumes. They claim that Montalvo was sitting in the vehicle when she lit a cigarette, creating a flash fire.

Her story has the support of the ACLU of New Jersey, which celebrated several commutations by name, including Montalvo's. She was one of their 16 Clemency Project clients.

"By restoring dignity and hope for those working toward redemption, he has proven that compassion is strength. I am grateful for Governor Murphy’s commitment to addressing injustices in the criminal legal system throughout his term," said ACLU-NJ Executive Director Amol Sinha.

Parole denied but release still possible in the coming years

On Friday, the board denied parole to Montalvo. Monmouth County Prosecutor Raymond Santiago, a Democrat appointed by the former governor, celebrated the decision.

"I am elated to hear that the Parole Board recognized that releasing Maria Montalvo is incompatible with justice, especially for someone who refuses to fully accept their actions. Thank you to the Parole Board for listening to the pleas of Raul Aponte, the Monmouth County Prosecutor’s Office, and the community at large. Releasing Montalvo would be inconsistent with the justice that is due to Rafael and Zoraida," said Santiago.

But her full sentence of 100 years in prison is not reinstated; she will be eligible for parole again in 36 months. If she's denied at that time, she will only have to wait another three years, and Montalvo only needs one parole board decision in her favor to achieve freedom.

 

These 31 convicted killers were pardoned by Gov. Murphy

In a one year span, Gov. Phil Murphy granted clemency to over 283 individuals convicted of various crimes. Of those, at least 31 have been pardoned and released early from state prison after they were convicted of murder and aggravated manslaughter. After release, each person is subject to five years of parole supervision.

Gallery Credit: Rick Rickman

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