NYCivic

DOI Issues Its Report on Sen. Velella's Release,
Finds LCRC Violated Three State Requirements,
Notes Incredible Carelessness in Their Actions.
Mayor Drops Russi From Board of Corrections.

By Henry J. Stern
November 4, 2004

The Department of Investigation issued its report today on the Velella case.

It is titled formally, ''A Report to Mayor Michael R. Bloomberg and to the New York City Local Conditional Release Commission: The Department of Investigation's Examination of the Local Conditional Release Commission's Procedures and the Early Release of Guy Velella, Hector Del Toro and Manuel Gonzalez." Submitted by DOI Commissioner Rose Gill Hearn.

The report is 32 pages long, plus five exhibits. It is accompanied by a longer volume of appendixes, which contains all the written material on the case, including letters written on the inmates' behalf. Appendix B, somewhat ominously, contains the report by the State Commission of Investigation on "allegations by the Livingston County Board of Supervisors against Sheriff John York and the operations of the Livingston County Conditional Release Commission, dated June 1999.

We have read the report, which was placed on the DOI website at about 6 p.m. Thursday. You can link to it here (scroll down to November 4).

Mayor Bloomberg issued a press release on the subject this afternoon. He announced the departure of former LCRC chair Raul Russi from his last city position, member of the unsalaried Board of Corrections.

DOI noted that there was a continuing investigation with the New York County District Attorney Robert M. Morgenthau into the case, which would presumably cover other aspects of the matter. The DOI report is essentially a factual recounting of what they discovered. They found three violations of law in the LCRC actions, but referred the matter to legal authorities, presumably the Corporation Counsel, to make its determination on the legality of the release. Mayor Bloomberg said the reconstituted LCRC, under its new chair, Daniel Richman, would review the recommendations. DOI did not discuss whether, if the release is found to be invalid, Velella should be returned to Rikers Island, but cited the Mark Gastineau case, where the former Jet was remanded to the jail after problems were found with his conditional release.

DOI deserves credit for moving the matter to its next stage. In view of their exploration of the legal situation, it should not take the Corporation Counsel long to come to its conclusion.

One thing we learned from the papers was that many people praised Velella's charitable work in the Bronx community in which he lives, and his desire to return to it. A letter from Edward Cardinal Egan was included in his folder. On the issue of the fairness of his release, and the appropriate remedy, it makes a difference whether if, on his release, he does works of goodness and mercy in his neighborhood, or whether he becomes a high-priced, high-powered lobbyist in Albany, as Senate Majority Leader Joseph Bruno has suggested. He has a right to run in 2006 to regain his Senate seat, to which Democrat Jeffrey Klein has just been elected.

But the specter of him earning more than he did while he was a state senator who was also collecting bribes is not a pleasant one. Consideration of any application he makes for early release should take into account what occupation he intends to follow. It would be unfortunate if he were given license to do "within the law" precisely what he did outside the law — influence the passage of legislation in exchange for money. Although this is a lawful, if not exalted, occupation in which former legislators and senior staff in the Assembly profitably engage, it would appear that a convicted recipient of bribes should not go straight from Rikers Island to the State Capitol in Albany to ply his trade.

There is an argument advanced that Velella is a good person who became a victim of the Albany culture. Others say that an elected public official has a fiduciary duty to the state and to his constituency which exceeds the morals of the marketplace. It is probably true that Velella is not the only legislator who has behaved in this manner. But if that were an excuse for committing crimes or being punished when caught, the jails would be empty, but the standard of public morality would most likely be considerably lower. The issue becomes harder when you know the person involved. He admits he is a sinner, and he has been punished. He served 100 days; he was sentenced to 365 which, with good behavior, would have come out to 243. The issue of what he will do when released is as important as how many days he has served.

Crain's was the first publication to report on the DOI findings, in its afternoon edition.

This morning's Daily News carried an article on the Velella release which casts further doubt on the integrity of the proceedings. Barbara Ross reported that "An official opposed to early parole for ex-state Sen. Guy Velella missed the vote that sprung him after the powerful Bronx Republican hired her husband to lobby for his release, the Daily News has learned." The story continues:

"After voting against Velella's first request for freedom in August, Jeanne Hammock of the Local Conditional Release Commission abstained from a September vote to avoid a conflict of interest, said sources familiar with the panel's work. In the interim, they said, Velella hired controversial Queens lawyer Edward Hammock, a former state parole chief who specializes in early release for prisoners."

The story goes on to describe further episodes involving Mr. Hammock, who once headed the state parole board. You should link to it to get the full flavor of these public officials.

Thanks for the remarkable reaction to the article about the elections. We received more comments than on any other issue since the passing of Boomer. We are putting all the letters you sent on our website, www.nycivic.org, with just the initials of the sender. If you want your full name used, or you do not want your letter published at all — or only anonymously — please e-mail me to let me know and we will follow your wishes at once.