NYCivic

New LCRC's First Action Voids Release
Of Sen. Velella and Four Other Inmates,
Suggests They Reapply, Calls Meeting
For Nov. 19 to Consider Their Requests

By Henry J. Stern
November 8, 2004

The newly-reconstituted Local Conditional Release Commission met this morning and, on the advice of the Corporation Counsel, invalidated the early releases from Rikers Island of former State Senator Guy Velella, two men convicted with him, Hector del Toro and Manuel Gonzales, and two people in unrelated cases who had also been released by the old LCRC, all of whose members were replaced last month by Mayor Bloomberg.

The new board invited the five to reapply to a meeting at which a quorum would be present. Friday, Nov. 19, was designated as the day the board would meet, but it is not clear whether the cases would be resolved at that time. If the board decides to return Velella to Rikers Island, it is likely that his lawyers would challenge that decision, raising an issue which would take time to resolve in the courts. If Velella remains free during this period, and his one-year sentence expires, the courts and the board would have to decide whether he would still be subject to their jurisdiction.

Here is the Associated Press story on the meeting, as it appeared on Newsday's website:

City commission says Velella release was illegal

By TIMOTHY WILLIAMS
Associated Press Writer

November 8, 2004, 1:14 PM EST

NEW YORK -- The city's new Local Conditional Release Commission took a significant step toward sending former state Sen. Guy Velella back to jail when it determined Monday that the commission that released him had acted improperly.

The 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 former commission was found to have violated the law, it remains unclear whether Velella will be sent back to Rikers Island. His case will likely end up in court.

In September, members of the former commission released Velella and two others from jail after each had served about three months. Velella had been sentenced to one year in jail.

The release of the three men, convicted of a bribery scheme, set off a storm of controversy and led Mayor Michael Bloomberg to ask for the resignations of the commission's members. He named a new five-member panel earlier this month.

On Monday, 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.

The cases of at least two other people released by the former commission "appear to have suffered from similar legal defects," said Richman.

Richman said a letter will be sent to Velella and the others to invite them to reapply for conditional release.

Velella, a Bronx political leader and state senator for 28 years, pleaded guilty to fourth-degree conspiracy as part of a deal that kept his ailing 90-year-old father from having to endure a trial and risk conviction and imprisonment.

Copyright © 2004, The Associated Press