New York, NY —
Former State Senator Guy Velella will NOT be returning to Rikers Island to complete his year-long sentence until at least mid-December, an appeals court judge ruled yesterday. WNYC's Andrea Bernstein has this update on the case.
It seemed like this classic case of New York corruption was finally put to bed. There were huge sums of money written on scraps of paper, envelopes of cash delivered to a Senator's father, and the Senator himself, threatening state officials who stood in the way of contracts for companies making the payoffs. One bridge painting contractor bidding on the Verrazano bridge job was on the verge of being banned from getting any state business because of an usually high number of worker deaths. But the contractor handed over $150,000 to Velella's father, Velella intervened, and the company got the contract. Things might have gone on like that. But the longtime Bronx State Senator and two co-conspirators were caught, and sent to jail.
Not for long.
The three were released after serving a fraction of their sentences, when an obscure city board, whose members had ties to the Velella co-conspirators, intervened. An uproar ensued, the Mayor fired the board and appointed a new one. City lawyers decided the old board had acted illegally and Velella and his two co-conspirators were ordered back to Rikers. Velella's lawyer sued. Justice Lottie Wilkins issued a temporary stay, and yesterday morning, at 9:40 am, she delivered her ruling: the city order was proper. Velella and the others should report to the Department of Correction by 5 pm. Outside the tiny Tribeca courtroom, city attorney Paula Van Meter looked relieved.
Van Meter: Perhaps some of the public found this case at least in its earlier stage found to be an instance in which government and the criminal justice system disappointed but today there was no disappointment, justice has been restored.
Van Meter said there was reason to be anxious. Because Velella and the others had already begun serving their sentence, every day they spend out of jail is a day they will NEVER have to serve, she said.
Van Meter: Our feeling is if he had one day left to serve it was still important to restore a lawful process, and to restore justice.
The bespectacled, snowy-haired Charles Stillman, who has represented Velella with a great deal of calm, began to look a little frayed after the decision.
Stillman: We think the decision today is wrong we think that our client should not have to suffer for the actions of others. 02 Still man: and we are although disappointed undaunted and we're going to take this matter to the appellate division as soon as I can get in a taxi cab and get up there and ask that court to review the decision (lots of yelling let it fade under me)
After lunch, all the lawyers disappeared into the ornate appeals court on Madison Square. After a conference behind closed doors, city law department spokeswoman Kate O'Brien Ahlers came out to tell reporters Justice Betty Weinberg Ellerin had issued an interim stay:
Ahlers: She said this was not on the merits but to give the court chance to review and study the matter.
For the first time, city lawyers said they were disappointed. Outside the court, Stillman looked pleased that he'd kept his client out of jail - again.
Stillman: because if it turns out that we're right and they're wrong and he goes back in and these five people go back into day how does anybody make it up to them INTERNAL EDIT HERE Bernstein: if the decision is they should have been to sent to jail, how does anybody make that up to the public? Stillman: The fact of the matter is they're not exactly out in the park right now they're on probation.
The lawyers are back in appeals court on December 16 for oral arguments. Meanwhile, Stillman has picked up a new client, Kamala Stephens, who couldn't afford her own laywer. Stephens is one of the two people, not connected to the Velella case, who were ordered returned to jail when a review of the whole process of early release swept the two up in its net. Muttered one court observer to Stillman, you got her into this mess, it's only fair you get her out.
For WNYC, I'm Andrea Bernstein.