The New York Sun
November 9, 2004
Commission Says Velella's Release Was Illegal
By Timothy Williams - Associated Press
The city's new Local Conditional Release Commission took a significant step
toward sending a former state senator, Guy Velella, back to jail when it
determined yesterday that the commission that released him had acted improperly.
The new commission's decision echoes the findings of a Department of Investigation
report and a city law department opinion issued last week that studied the
lax procedures followed by the former panel, which included failing to require
majority votes on its decisions.
Although the previous commission has been found to have violated the law
in releasing the former powerful Republican legislator, it remains unclear
whether Velella will be sent back to Rikers Island. The case will likely
end up in court.
The commission also said yesterday that it would invalidate the rejections
of all applications made by inmates for early release by the previous commission
because that panel had based thousands of its rejections on the decision
of a single commissioner instead of a majority.
In September, Velella and two others convicted in a bribery scheme were released
from jail early after each had served about three months. Velella had received
a one-year sentence.
The releases of the three men set off a storm of controversy and led Mayor
Bloomberg to ask for the resignations of the commission's four members. He
named a new five-member panel earlier this month.
Yesterday, members of the reconstituted commission said that in numerous
instances their predecessors had failed to follow the law.
"The findings in the Department of Investigation report and the legal opinion
that we've been given by the law department make at a minimum a prima facie
case for the legal invalidity of all releases done as a result of illegal
voting procedures by this commission," said the board's new chairman, Daniel
Richman.
At least two other cases of people released by the previous commission "appear
to have suffered from similar legal defects," Mr. Richman said.
The commission this year has received about 7,000 applications from people
whose terms were for one year or less and has released five, including the
three in the Velella case.
Velella, a Bronx political leader and state senator for 28 years, pleaded
guilty in May to fourth-degree conspiracy. He was accused of accepting bribes
to help people win state contracts. His plea was part of a deal that kept
his ailing 90-year-old father from having to endure a trial and risk conviction
and possible imprisonment.
Velella quit his Senate seat in May.
Mr. Richman said yesterday that a letter will be sent to Velella and the
others who received early releases this year and invite them to reapply for
conditional release by November 16. The commission will rule on any reapplications
November 19.
It is unclear whether, if the applications were denied, Velella and his codefendants,
Manuel Gonzalez and Hector Del Toro, would be returned to jail to complete
their sentences.
The board said it lacks authority to order the men back to jail and that
duty would fall to the Department of Correction. But Thomas Antenen, a spokesman
who represents the Department of Correction and the Department of Probation,
said neither agency would have the authority to order Velella and the others
to jail.
Velella's attorney, Charles Stillman, said yesterday that the former politician
is considering his options and has not decided whether to reapply for early
release.
"Guy Velella did absolutely nothing wrong to obtain his conditional release,"
Mr. Stillman said in a statement. "Guy Velella has paid and is paying for
his wrongdoing. It is fair and just that he be permitted to finish his sentence
on conditional release."
Frank Ortiz, the lawyer for Gonzalez, 67, said his client was released early
because of health issues. He said improper conduct by the commission should
not harm his client, who has a heart condition.
"It doesn't make sense to me," said Mr. Ortiz. "There is absolutely no claim
of impropriety on the part of my client." Del Toro's attorney, Steven Kartagener,
did not return a call seeking comment. The commission said it will notify
inmates who applied for early release and were denied that they may reapply.
"As we move forward, we are considering all past denials of release of people
now in jail to be presumptively invalid," said Mr. Richman.
© 2004 The New York Sun, One SL, LLC