Conditional Release Chairman Hopes to Right Wrongs

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

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NEW YORK SUN CONTRIBUTOR

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.

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NEW YORK SUN CONTRIBUTOR

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.


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