Commission Says Velella’s Release Was Illegal
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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.