The New York Sun
October 25, 2004
Conditional Release Chairman Hopes to Right Wrongs
By Maura Yates
Daniel Richman, a professor at Fordham School of Law, was
appointed chairman of the embattled Local Conditional Release Commission
on October 12. He agreed to a recent interview by e-mail with The New York
Sun's Maura Yates about his plans for the future of the panel.
Q. With your legal experience and distinguished career, what
made someone like you agree to take on this task, and what do you hope to
accomplish?
A. Regardless of what happens to the commission after next year, it exists
now and there are inmates who, by statute, are eligible for its consideration.
The city deserves a commission that reviews these cases fairly, in accordance
with law, and without even the hint of impropriety. My past work as a federal
prosecutor, and, while an academic, in various internal federal probes at
the Treasury and Justice Departments, focused on how institutions went wrong.
I welcome the chance to help make an institution go right.
As a lifelong New Yorker, I'm also thrilled and honored by the chance to help the city.
What will you change about the commission and how it operates?
I can't say what will "change," since I am only beginning to learn how the
commission operated before. Moreover, until the commission is up to full
strength, I don't want to announce or implement any protocols, new or otherwise.
That said, the recent allegations of irregularities in how the commission
operated make it imperative that we do our work in unquestionable compliance
with the relevant law. I also hope to ensure that the public has adequate
information to know what the commission is up to. If the body reverts to
its old status of "little known commission," as I hope it does, I would like
that to be the choice of the public and the media, not the commission.
How many members will be on the new panel? How will they be selected? When will they be appointed?
The authorizing statute requires at least three members. Appointment power
rests with the mayor. I am unaware of any time frame, but it is my sense
that everybody involved is working expeditiously to get people in place.
With an estimated 7,000 prisoners eligible for early release,
what factors will you take into consideration when selecting who gets out?
What tugs at your heartstrings?
If one looks hard enough, every case has special circumstances. Yet one would
like some consistency in decision-making across cases. The commission as
a whole will have to think about how we should address this tension - which
is inherent in any sentencing or release scheme - and it should avoid the
pitfalls of systems that are overly mechanical (bad) and overly discretionary
(equally bad).
What is the future of the commission? What will happen in September 2005?
This is not something I've given much thought to, particularly as it is not
a decision I or the commission as a whole will be asked to make. This is
a matter for the state Legislature, and I imagine that, with all the recent
publicity, the issue will get the attention it deserves.
As an educator, what lesson do you hope people come away with
from seeing this breakdown, and rebuilding, of government up close?
I hope people realize that although institutions, especially small ones,
can falter, they can also be put back on track with bold moves and a commitment
to the public good.
What is your response to critics who want you to throw Guy Velella and his co-conspirators back in jail?
Until I get a full understanding of the facts of the case, and of the commission's
legal powers, I can't begin to answer this question.
Just out of curiosity, hypothetically, if Martha Stewart were
serving her sentence at Rikers Island, would you let her out early? Since
she is a first-time, nonviolent offender serving less than a year, she would
be eligible. Do you think she has repented enough?
Perfectly fine question. But sad to say, I cannot answer it at this time.
Why are you so reluctant to go on the record about the commission's operations?
I certainly understand the recent public interest in the commission's activities.
However, I am just finding my way in this job, and don't like the idea of
committee chairs setting policy without consulting their committee members.
I also want to be sure that I don't interfere with the inquiries being conducted
by the Department of Investigation and the New York District Attorney's office.
From my own work on these sorts of investigations, I am quite sensitive to
the damage that agency officials can do with well-meaning but ill-informed
statements.
© 2004 The New York Sun, One SL, LLC