New Jersey Gov. Phil Murphy’s (D) final hours in office were marked by a sweeping clemency decision that has reignited outrage over criminal justice policy, victims’ rights and executive power.
Among the actions drawing the sharpest backlash was his decision to commute the 100-year prison sentence of a woman convicted of killing her two young children in one of the most disturbing crimes in the state’s modern history.
Murphy announced early Tuesday that he granted clemency to 148 individuals just hours before leaving office. One of those recipients was Maria Montalvo, 61, of Union Beach, whose sentence reduction immediately made her eligible for parole.
The New Jersey State Parole Board will ultimately decide whether she is released.
Montalvo was convicted in 1996 of murder, felony murder and arson in connection with a 1994 fire outside her mother-in-law’s home in Long Branch.
Prosecutors said Montalvo purchased gasoline, poured it inside her Volkswagen Jetta, and ignited the vehicle while her two toddlers—28-month-old Rafael Aponte and 18-month-old Zoraida Aponte—were still strapped inside.
Both children died at the scene, according to the Asbury Park Press.
At trial, defense attorneys argued the fire was accidental, claiming gasoline vapors ignited when Montalvo attempted to light a cigarette. Jurors unanimously rejected that explanation and convicted her of intentional murder.
Although the jury deadlocked on whether to impose the death penalty, Montalvo was sentenced to 100 years in prison, with parole eligibility originally set for 2054.
Murphy’s commutation eliminated that restriction, allowing Montalvo to seek parole decades earlier.
The decision sparked immediate condemnation from Monmouth County Prosecutor Raymond S. Santiago, who described the action as an affront to justice.
“I cannot express strongly enough our office’s collective revulsion and disbelief upon hearing this news,” Santiago said. “Viewing it through different lenses or from different perspectives does not mitigate our outrage; it magnifies it.”
In a separate statement, Santiago emphasized the lasting impact of the crime on jurors, first responders and the victims’ family.
“They were not provided the leniency of any second chances,” he said of the children. “They were handed a death sentence for the crime of being the children of Maria Montalvo.”
Murphy defended the clemency decisions as part of a broader effort focused on rehabilitation and fairness.
In a statement issued by his office, Murphy said granting clemency was one of the greatest honors of his tenure and argued that offering second chances strengthens communities when paired with accountability.
The commutation followed Murphy’s June 2024 executive order establishing a Clemency Advisory Board to review applications and prioritize cases involving lengthy sentences, trial penalties and claims of rehabilitation.
Since taking office in 2018, Murphy has approved 455 clemency actions, including 51 commutations and 97 pardons announced on his final day in office.
Victims’ families have raised similar objections in other cases. Murphy previously commuted the sentence of Shawn Johnson, who was convicted of executing an unarmed teenager in Asbury Park.
Relatives of the victim said the decision felt like their loved one had been “murdered twice.” Several other individuals convicted of violent crimes were also released after serving less than half of their sentences.
While parole eligibility does not guarantee release, critics argue the timing and scope of Murphy’s final clemency actions place renewed strain on victims’ families and shift accountability to the parole process.
Oversight of the New Jersey State Parole Board now falls to Gov. Mikie Sherrill, a former federal prosecutor, whose administration will face intense scrutiny as parole decisions move forward.
