[News] Veronza Bowers Update - What you can do!
News at freedomarchives.org
News at freedomarchives.org
Tue Jul 19 12:17:57 EDT 2005
To: Family Members, Friends and Supporters of Veronza Bowers
From: Bryan Gaynor, Alan Chaset & Monty Levenson
Subject: Summary of Recent Developments
Date: July 18, 2005
I. Summary
The National Parole Commission has again blocked Veronza Bower Jr.s right
to be released on mandatory parole after serving more than 31 years in
prison. The Commissions latest decision is the third in a series of
high-handed and improper actions to deny Veronza his right to be released
on parole. It was made in complete disregard of the Commissions legal
obligation to follow applicable federal statutes as well as its own rules
and regulations. We believe this latest and most egregious decision, made
at the request of Attorney General Alberto Gonzales, is politically
motivated, disregards Veronzas exceptionally good conduct in prison and is
an unlawful denial of his right to due process.
Under the circumstances, it is recommended the every effort be made to
resist the Commissions blatantly illegal actions by the following means:
(1) Filing appropriate objections with the Commission itself and with the
National Appeal Board whom the Commission has designated to hear this
latest travesty of justice; (2) filing a writ of habeas corpus in Federal
District Court at the earliest possible date; and (3) initiating
appropriate legal proceedings to challenge the Commissions repeated
failure to comply with Freedom of Information Act requests for documents
and papers that we believe will shed light on its improper political agenda.
II. Background Information
To the amazement of many familiar with the workings of the U.S. parole
system, Veronza Bowers, Jr. has not been released from prison after serving
his full sentence of thirty years plus what will be sixteen months of
additional illegal detention by the time of his next hearing date. By
notice of action dated June 14, 2005, the U.S. Parole Commission has
retarded Veronzas release date for a period not to exceed 60 days. This
action was taken on the basis of a petition from the Attorney General to
have the matter of his release on parole reconsidered by the National
Appeals Board.
This memo explains the legal significance of this latest development and
why we think it constitutes improper action on the part of the Commission.
It also outlines actions we encourage Veronzas supporters to take in our
continuing effort to secure his release on parole.
a. First Release Date
Some background is needed to understand the legal significance of this
latest twist in the road to parole: As many of you may know, Veronza had
the legal right to be released on what is known as mandatory parole since
April 7, 2004 because the Parole Commission failed to find, by that date,
that (1) there was competent evidence he was likely to commit crimes if
upon release, or (2) he had frequently violated the rules of the prison
system or (3) committed serious violations of prison rules during his
incarceration. Only making one of these three findings could the Commission
lawfully deny him parole as of that date. What happened instead was that
only a few hours before Veronza was to be released on April 7th of last
year, the Commission ordered the Bureau of Prisons to cancel his parole and
hold him in prison indefinitely. This order was made without any
explanation, justification or finding whatsoever.
b. Writ Proceedings Before Judge William T. Hodges
On October 26, 2004, Federal Judge William Terrell Hodges of the Middle
District of Florida ruled on a writ of habeas corpus brought on Veronzas
behalf by attorney Todd Scher. After careful consideration, Judge Hodges
ordered the Commission to hold a hearing within 60 days and release Veronza
on mandatory parole if, at the conclusion of that hearing, there was no
competent evidence to support one of the above three findings. Judge Hodges
is a distinguished jurist who has been a federal judge for over 30 years
and this years recipient of the Devitt Distinguished Service to Justice
Award. The Devitt Award honors the career of a federal judge of national
stature whose decisions are characterized by wisdom, humanity and
commitment to the rule of law.
The hearing ordered by Judge Hodges was held on December 21, 2004. Evidence
presented included the testimony of Mr. Hans H. Selvog, a
nationally-recognized criminologist and Clinical Director of the National
Center of Institutions and Alternatives in Alexandria, Virginia. Mr. Selvog
administered a battery of psychological tests on Veronza designed to assess
his suitability for parole and likelihood of success in adapting to life
outside of prison. It was his expert opinion that Veronza is normal and
socially well-adjusted with no criminal disposition whatsoever and,
therefore, an excellent candidate for parole.
c. Second Release Date
At the conclusion of the December hearing, examiner Rob Haworth ruled that
Veronza was eligible for mandatory parole and recommended that he be
released from prison on February 18, 2005. At this hearing, Mr. Haworth
commented that he considered Veronza to be one of the best candidates for
parole he had ever encountered. In early January, a single Commissioner,
Cranston J. Mitchell, ordered Veronzas release on parole based on Mr.
Haworths findings and recommendations. It appeared to us that the
Commission was finally accepting its legally-mandated duty to act in a
manner consistent with the law and that Veronza would be released on
parole, albeit more than 10 month after his statutory release date of April
7, 2004. We soon learned that this assumption was wrong.
On February 18, 2005, approximately 15 minutes before Veronza was scheduled
to be released from prison, the Commission notified the warden at the
Coleman Correctional Facility that his parole order had been rescinded and
the entire five-member Commission would be convened to reconsider his case.
This 11th hour order to have his parole reconsidered by the entire
Commission was made solely on the basis of unsupported, spurious
allegations by the victims widow and members of law enforcement acting
through an organization called the Fraternal Order of Police (FOP). Their
petition to the Commission was based, in part, on allegations that Veronza
had committed numerous violations of prison rules during his incarceration
including arranging two contract murders. Needless to say, neither facts or
evidence of any kinds were introduced in support of these patently false
accusations.
The matter of the rehearing was granted without notice to Veronzas legal
team and was issued by the Commission ex parte, (i.e. his attorneys were
not permitted to appear before the Commission to oppose the request for
rehearing). Alan Chaset, head of the legal team, made our objections know
through letters and phone calls to the Commission. Repeated Freedom of
Information Act (FOIA) requests for copies of the documents relied on by
the Commission in granting the rehearing have been largely ignored, as have
been our repeated objections to the entire proceeding.
d. Third Release Date
As part of the rehearing process, another hearing examiner, Mr. Howard, was
appointed to review the factual allegations of the petitioners and to allow
Veronza and his attorney an opportunity to respond to them. On March 21,
2005, Mr. Howard conducted a hearing at the Coleman Correctional Facility
and made the same recommendation that Mr. Haworth had made in December:
Because there is no credible evidence to support any one of the findings
necessary to deny Veronza mandatory parole, he is eligible for and should
be released on parole. Mr. Howard took Veronza aside after the conclusion
of the hearing to wish him the best of luck in his efforts to gain release.
Between March 21, 2005 and May 16, 2005, the Parole Commission, exercising
what is referred to as original jurisdiction, reviewed the Mr. Howards
recommendations. This meant that the entire five-member Commission would be
convened to reconsider the matter of Veronzas right to mandatory parole
that had been previously decided by a single Commissioner, Mr. Mitchell.
On May 16, 2004, the Commission issued its decision affirming Veronzas
right to mandatory parole based on the following vote: two Commissioners in
favor, two opposed and one abstaining. Since the law clearly places the
burden of proof on the Commission, anything less than a majority vote
supporting one of the required findings meant that Veronza was entitled to
be released on mandatory parole as ordered by Judge Hodges. Accordingly,
June 21, 2005 was established as his new release date. However, like all
other past dates, this too proved to be more fiction than fact.
III. Most Recent Denial of Parole by the Commission
On June 14, 2005 Veronzas most recent release date was rescinded by the
Commission acting again without notice to his attorneys and without
affording him or them an opportunity to object. This time, the Commissions
decision was based on a request by the United States Attorney General
Alberto Gonzales that the National Appeals Board reconsider the
Commissions May 16, 2005 original jurisdiction decision.
a. National Appeal Board
We need here to clarify exactly what constitutes the National Appeals
Board. By statute, [18 USC 4204(a)(5)], the Chairman of the U.S. Parole
Commission is authorized to appoint three Commissioners to a National
Appeals Board. That Board, once constituted, is authorized to review the
following decisions: (1) A decision by a single Commissioner granting or
denying parole may be reviewed by the Commission itself or the Commission
may refer the matter to the National Appeals Board for review, provided
any such decision so reviewed must be reaffirmed, modified or reversed
within thirty days of the date the decision is rendered [18 USC
4203(c)(4)]; (2) Any decision adverse to a parole may be appealed by the
parolee [?] to the National Appeals Board [18 USC 4215(a)]; and (3) A
decision of a single regional commissioner upon the written request of the
Attorney General filed not later than thirty days following the decision
shall be reviewed by the National Appeals Board within sixty days of the
receipt of the Attorney General's request (18 USC 4215(c)) [18 USC 4215(c)].
b. Basis of Objections to the Commissions Recent Action
Any review by the National Appeals Board of the original jurisdiction
decision of the Commission in this case is improper for the following
reasons: (1) The statute granting the National Appeals Board authority to
act on a request for review by the Attorney General, authorizes such review
only in the case of a decision by single regional, as opposed to a
national, Commissioner and there was no such decision in this case; (2) The
Commission, itself has authority to refer the decision of a single national
Commissioner to the National Appeals Board, however, it must do so within
30 days of the date of that decision. In Veronzas case, it has been more
than 5 months since Commissioner Mitchell issued his decision in this
matter; (3) Commissioner Mitchells decision was vacated by the Commission
when it exercised original jurisdiction to consider the matter of Veronzas
right to mandatory parole. Under 18 USC 4203(c)(4), the Commission had
authority to (1) conduct an original jurisdiction review the decision
itself or (2) refer the matter to the National Appeals Board for review.
The Commission elected to conduct the review itself and there is no
authority whatsoever for a second review by the National Appeals Board.
We consider the latest action by the Commission granting the Attorney
General a hearing before the National Appeals Board to be without a proper
basis in law. There is no statutory authority whatsoever for the three
members of the Commission acting as the National Appeals Board to review
the decision of the entire Commission in this matter. It is our position
that the original jurisdiction decision by the Commission constituted final
agency action and any further action taken in this matter violates due
process.
We are recently informed that the Commission intends to publish emergency
rules in the federal register in an effort to address the unprecedented
nature of the Attorney Generals request for and its decision to grant a
hearing in this matter. The absence of any proper legal basis for the
Commissions actions and its attempt to draft rules at this late date to
justify such actions is a further violation of Veronzas rights of due process.
What we find most objectionable in this case is the obvious politization of
what is supposed to be an objective and impartial administrative process.
This is occurring because of the unwillingness of the Commission to stand
firmly behind the rule of law in the face of pressure from the Fraternal
Order of Police and now the administration acting, we contend, improperly,
through the Attorney General. We see the Attorney Generals intervention as
illegal, unprecedented and pandering to the political agenda of his
administrations constituents. It has nothing whatsoever to do with the
merits of Veronzas case. The Commission, in allowing this request to go
forward, has acted once again in a manner that evidences an arbitrary and
capricious disregard for Veronzas legal right to be paroleda right that
will be nearly sixteen months past due when his newest release date, August
21, 2005, comes. . . and goes. . . as it has each time in the past.
IV. Recommended Actions
It is imperative that this latest impropriety by the Commission be
addressed immediately on three fronts: First, in the pending proceedings
before the National Appeals Board; second, through court action in the form
of a writ of habeas corpus; and third, by confronting the Commission under
the Freedom of Information Act with its refusal to comply with FOIA
requests made by Veronzas attorneys.
We will continue to press the U.S. Parole Commission and the National
Appeals Board with our objections to its arbitrary and repeated denial of
Veronzas right to mandatory parole, most recently by granting the Attorney
General a hearing in this matter at this late date. We also recommend that
a writ of habeas corpus or other appropriate petition be filed with Judge
Hodges as soon as possible, given the fact that there is no legal basis for
the Commission to create, on its own initiative and without any statutory
authority, the pending review by the National Appeals Board. It will be
important to lay before this eminent jurist the Commissions flagrant
violation of his previous ruling in this matter.
This most recent setback has not lessened our commitment to obtain
Veronzas release on parole at the earliest possible date. To accomplish
this, however, we need the continuing involvement of his family, friends
and supporters. In this regard, we recommend that you consider taking one
or more of the following three actions: (1) Stay involved: Write letters to
the U.S. Parole Commission, the Attorney General and the National Appeals
Board. It is very important to make your voice heard in this matter.
Emphasize Veronzas excellent record in prison and unquestionable legal
entitlement to parole; (2) Stay involved: Check Veronzas web site for
action bulletins and updates on his case.
<http://veronza.org/>http://veronza.org Do whatever you can to help. You
input, ideas and suggestions are welcome. (3) Stay involved: Continue your
generous financial support. Contributions to the Veronza Bowers, Jr. Legal
Defense Fund make it possible for all of us to play an important role in
correcting this injustice and winning his release from prison.
Your opinions, ideas and suggestions are most welcome. Please send them to
veronzab at yahoo.com
The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
(415) 863-9977
www.freedomarchives.org
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