Alan Hevesi

Hank Morris, the imprisoned former political advisor to ex-Comptroller Alan Hevesi, is suing to challenge the state Parole Board denying an early release, claiming officials did not follow proper procedure or taken into account his model behavior as a prisoner.

Update: This isn’t the first time Morris has sued the state over his parole. He did so back in July 2012 as well.

In the lawsuit filed today in state Supreme Court, Morris’s lawyers insist that he poses no recidivism risk and that parole officials did not take into consideration new procedures for hearings that took effect in October 2011.

Morris, 57, was denied parole in November 2012, with the board citing at the time his “inability” to understand his state of mind at the time he took part in a massive pay-to-play pension fund scandal.

At the heart of the lawsuit is the Parole Board not following a change to procedure approved by the Legislature in 2011. The amendment to the parole law required the board to have written procedures when making parole decisions with the goal of streamlining the process.

But the written procedures were not in place at the time of Morris’s August 2012 hearing.

Morris, an inmate at Hudson Correctional Facility in Columbia County, began his four-year prison term in March 2011 after pleading guilty to providing access to the pension fund in exchange for lucrative fees. Investigators accused him of taking more than $19 million, which was ultimately paid back.

Hevesi, who resigned in 2006 from the comptroller post over an unrelated scandal, was released Dec. 12 from Mid-House Correctional Facility.

The lawsuit also points to Morris’ record of good behavior in prison and that he is unlikely to become a repeat offender.

“It is clear, therefore, that by conducting legally defective parole hearings, Respondents are attempting to block any judicial review of their actions, leading to the unlawful prolonged incarceration of a man who cannot rationally be said to pose any threat to society,” the complaint reads.

Verified Petition Filed by Nick Reisman

In his sit-down interview with the State Parole Board earlier this month, disgraced former Comptroller Alan Hevesi told commissioners of a “confrontation” with his adult children — including Assemblyman Andrew Hevesi of Queens — that resulted him in re-thinking his actions in the pay-to-play pension fund scandal that sent him and his former top political aide to prison.

Hevesi will be released from Mid-Hudson Correctionl Facility by Dec. 19 after serving roughly 19 months in prison for his role in the scandal.

Hevesi, who had been previously denied parole, told commissioners that his children forced him to confront the scandal differently, insisting that he no longer wanted to minimize his role.

“They are loving, they are loyal, supported me, stood by me all the way through this and then they beat me up, verbally beat me up because I was in denial about what really occured,” Hevesi said.

The Democrat, who resigned in 2006 amid charges that he used his security detail to act as chaffeur for his wife even though he was re-elected to a second term, told commissioners of an abusive “thug” older brother who terrorized his family.

And Hevesi attributed his actions to the power of managing a sprawling bureaucracy, the state retirement fund and rubbing shoulders with important people got to his head.

“I got arrogant. Not arrogant in that I treated people like British nobles and how they treat their servants, not like that, but I am entitled. I am dealing with hedge funds, millionaires and Wall Street billionaires and president of South Africa and Gerry Adams and the Clinton White House and suddenyl I’m a big shot in over my head…. It got away from me.

Hevesi, insisting that his office did good work despite the scandals, also acknowledged that he contributed to some of the cynicism in the public when it comes to state government.

“There is a lot of damage here that I caused,” he said.

Hevesi was sentenced to one to four years in prison. His former political aide, who arranged for favored access to the state’s pension fund, was denied parole earlier this month.

Hevesi also told the Parole Board that he had gotten into a dispute with a corrections officer over changing the television channel in a common area at Mid-Hudson. Hevesi said no voices were raised, but words were exchanged. He calle the interaction a “mistake.”

Hevesi Alan 11R1334 Transcript – November 2012

Former Comptroller Alan Hevesi may be out of prison by Dec. 19, but his former political-aide-de-camp and co-conspirator in the pay-to-play pension fund scandal will remain behind bars.

The state Parole Board denied his request to leave prison early, citing his “inability” to understand his state of mind during the scandal is at issue.

“Your repeated assertions of not knowing what your state of mind was for over a 2 year period druing the crime is of grave concern for the board. While the board believes your sincere expression of remorse your inability to understand your state of mind during your criminal conduct prevents avoidance of similar future conduct.”

In February, Morris told the parole board that he didn’t know the scheme to provide hedge funds and other investors with an inside track to the pension fund was illegal and clamied to not know he was under investigation until he read bout in the press.

Morris says he also has kept busy by reading, exercising and helping fellow inmates get their GEDs.
Morris PB Decision Nov. 2012 11R0731

As first reported by The Daily News this reporting, disgraced former Comptroller Alan Hevesi is being paroled after serving 19 months of a four-year prison sentence for his role in a massive pay-to-play pension fund scandal.

This morning, the state Department of Correction and Community Supervision confirmed that Hevesi, a 72-year-old Democrat, is being paroled by Dec. 19 of this year.

The department also released the terms of Hevesi’s parole, which lasts through April 2015.

Hevesi, otherwise known as prisoner 11-R-1334, must report within 24 hours of his release to his parole officer and promptly reply to any questions from the officer.

He cannot leave New York state without permission.

Hevesi cannot take illegal drugs or own a firearm. For any controlled substance, Hevesi must have a proper medical explanation.

He also cannot communicate or contact his co-conspirators in the scandal, including Hank Morris, David Loglisci and Elliot Broidy.

Hevesi, 72, was elected comptroler in 2002 and resigned in 2006 in an unrelated scandal after he came under pressure for misusing his state driver for personal uses.

He was sentenced in April 2011 to one to four years in Oneida County’s Mid-State Correctional Facility.

The full terms of Hevesi’s parole is after the jump. More >