The New York Sun
October 29, 2004
Velella's Not at Fault
By Andrew Wolf
Henry
Stern, the former Parks Commissioner who has become one of our city's most
knowledgeable watchdogs of the public interest, has issued a challenge to
anyone who wants to present an alternative view on Guy Velella's early release
from prison. No one has yet taken advantage of this offer to make a case
on Velella's behalf.
Until now.
As the editor of newspapers that circulate in his home borough, I have followed
Velella throughout his public career. I like him, and I have turned to him
for support on public policy matters that impacted on my community. I have
endorsed him on the editorial pages of my papers.
After his offices and his home were raided by the Manhattan District Attorney
in the spring of 2000, it was clear to me that the rumors about possible
corruption had finally put a cloud over him that should preclude his reelection.
That year I endorsed his opponent. The voters, however, disagreed, despite
the pending indictment. There is some evidence that were his name was on
the ballot today, he would best the three men currently vying to replace
him.
The idea that Velella should be returned to prison is wrong and unfair. Unless
someone can come up with evidence of a payoff, all Velella has done is advocate,
successfully, for his own early release. This is his right. Did anyone expect
him to petition for a longer sentence? Velella clearly had an advantage knowing
that the low-profile commission that freed him existed. Should he be punished
for this? As part of his plea agreement, both the prosecutor and the judge
agreed not to oppose Velella's conditional release, which suggests they knew
such an effort would be made.
Now what exactly is Velella's "conditional release?" Had he served his full
sentence, less time off for good behavior, he would have walked out of Rikers
in February, finished with the criminal justice system. The purpose of the
Local Conditional Release Commission is to identify inmates who could serve,
without endangering the public safety, as an alternative to incarceration
- a rigorous probation. Remember that the board was created when the jails
were bursting at the seams, and some inmates had to be released to alleviate
overcrowding.
So for the next year, well beyond the time that he would have served in Rikers,
Velella must report in to his probation officer twice a week. His probation
officer can visit his home, unannounced at any time, 24 hours a day, 7 days
a week. Velella is forbidden to leave the boundaries of the city, not even
to cross the Westchester border, five minutes from his home, to visit the
portion of his old district that is not in the Bronx. He is similarly barred
from the practice of law. This may be better than Rikers, where Velella was
kept in virtual solitary confinement, but it is a real punishment.
One might ask how Velella's punishment compares with the penalties imposed
on other public officials for similar infractions. Gloria Davis, a veteran
Democratic Assembly member from the Bronx, was forced to resign in another
corruption scandal not even two years ago. What did she do? She solicited
and received a $24,000 bribe to steer a contract for the construction of
a drug treatment center in her district. There was no pretense here, as in
the case of Velella, of a fee to a law firm or a campaign contribution. This
was a cash payment pure and simple, including thousands of dollars in marked
bills confiscated from her person.
Her "bagman" was a fellow named Carlos Jenkins, who was forced to resign
from a Civil Court judgeship literally weeks after assuming the judicial
post that Ms. Davis obtained for him. Davis was also implicated in the scandal
surrounding the private corrections company seeking to do business with the
state that was bribing legislators with transport to and from Albany and
other perks. Davis took advantage of these free rides, and then put in for
an illegal travel reimbursement from the state. Davis was sentenced to 90
days in jail, and served just 60, a month less than Velella.
In his presentation to the board, Velella could produce a portfolio of letters
attesting to his accomplishments in his community and his general decency.
To their shame, a number of those who wrote have since hemmed and hawed,
backing away from the letters they penned on the ex-Senator's behalf. Only
Mayor Koch asked, "What are friends for, only the good times?"
If the former members of the Local Conditional Release Board failed to follow
their own procedures, that is not Velella's fault. Mayor Bloomberg acted
swiftly to address the questions about the board raised by Velella's premature,
but perfectly legal and, in my view, proper, release. It is time to move
on.
© 2004 The New York Sun, One SL, LLC