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Cuomo Grants Clemency To 10 People; Will There Be Pardons For Pals In His Final Days?

With just days remaining of his time in the Executive Mansion in Albany, New York Gov. Andrew Cuomo issued a series of midnight clemency orders to 10 felons, including three tied to homicides.

New York Gov. Andrew Cuomo

New York Gov. Andrew Cuomo

Photo Credit: Flickr/Gov. Andrew Cuomo

Cuomo, who announced his resignation on Tuesday, Aug. 10 amid a sexual harassment inquiry, granted clemency to “10 individuals who have demonstrated substantial evidence of rehabilitation and a commitment to their communities.” 

Cuomo's resignation takes effect at 11:59 p.m. Monday, Aug. 23.

The question now comes to whether Cuomo will also grant similar pardons for his embattled peers in former Assembly Speaker Sheldon Silver and former Senate Majority Leader Dean Skelos, who have both been convicted of federal corruption charges, and former aide Joseph Percoco, who was sentenced to prison time on charges that he took bribes from upstate developers with business before the state.

In total, Cuomo commuted the sentences of five felons and fully pardoned five others.

Those with commuted sentences:

  • Nehru Gumbs, age 36, who was convicted of first-degree manslaughter, assault, and criminal possession of a weapon for crimes he committed as an 18-year-old man, has served more than 17 years of a 25-year sentence. Upon release, Gumbs is expected to live with his family and pursue a job in the heating and plumbing field;
  • Jon-Adrian Velasquez, age 45, was convicted of second-degree murder, attempted murder, three counts of first-degree robbery, and attempted robbery in 1999. He has served 23-and-a-half years out of a 25-year-to-life sentence. He is credited with helping establish "Voices From Within," an educational initiative combating gun violence through the voices of incarcerated people.
  • George Martinez, age 60, was convicted of burglary, attempted burglary, criminal possession of stolen property, and attempted criminal possession of a weapon in 1992, 1995, and 2007. He has served 15 years out of a 17-and-a-half-year-to-life sentence.
  • Donte Mitchell, age 41, was convicted of first-degree robbery, criminal use of a firearm, attempt to knowingly make or possess dangerous contraband in prison, two counts of attempted robbery, two counts of criminal possession of a weapon, and grand larceny in 1997 and 2003, including crimes he committed at 17 years old and while homeless. He has served 24-and-a-half years out of a 27-to-54-year sentence.
  • Richard “Lee” Chalk, age 63, was convicted of two counts of second-degree murder, two counts of first-degree robbery, two counts of burglary, and criminal possession of a weapon in 1988 in relation to an incident in which he was the driver, not the gunman. He has served 33 years out of a 50-years-to-life sentence.

Each of the five has completed programs and earned certification in various fields that is expected to aid them in securing a job once they are no longer behind bars.

Those granted pardons by the outgoing governor:

  • James Pamphile, age 44, who was convicted of bail jumping, attempted assault, and assault in 2011 and 2013. After a childhood in Haiti marred by physical and mental abuse at the hands of family and community members due to his sexual orientation, officials said Pamphile, “an accomplished dancer, has remained crime-free for eight years. A pardon will help allow Mr. Pamphile to remain in the United States.”
  • Ivelisse Castillo, age 60, was convicted of attempted criminal possession of a controlled substance in 2001. She had been a regular volunteer at a community garden, a local rehabilitation and nursing home, and her church, and remained crime-free for 19 years. A pardon will allow her to stay in the country with her family.
  • Jorge Quinones, age 47, was convicted of attempted criminal sale of a controlled substance in 1996. Since his conviction, he has earned a Master's Certificate from Boston University's computer engineering program, and launched a successful career working with various companies in the cybersecurity industry, including building communication helmets for the U.S. military. He has been crime-free for 25 years.
  • Miriam Ordonez, age 40, was convicted in 1999 of attempted criminal sale of a controlled substance when she was 17 years old and working at a coffee shop run b a drug dealer “who sought out and took advantage of undocumented children,” and disorderly conduct three years prior.
  • Catherine Valdez, age 35, was convicted of second-degree attempted robbery in 2002 when she was 16 years old. since her conviction, she has worked as a professional caregiver, earning a Personal Care Assistant certificate. She is currently working toward earning a Home Health Aid certification, and hopes to become a nurse.

Each of the pardons will allow the convicts to remain with their extended families in the United States.

“One of the foundational promises of New York State is that of equal justice, and equal compassion, for all under the law," Cuomo said in a statement. "Today I'm proud to help fulfill the government's unique responsibility to harness the power of redemption, encourage those who have made mistakes to engage in meaningful rehabilitation, and empower everyone to work toward a better future for themselves and their families. 

“These 10 clemencies are another step on the long march towards a more fair, more just, more equitable, and more empathetic New York,” he continued. “I thank all the volunteer attorneys representing clemency applicants for their dedication and service to the cause of justice and rehabilitation."

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