always a Lancaster connection

[Greg Sojka]

Convicted cop killer sues state over parole reversal

Albert Victory was convicted of murdering a New York City police officer in 1969.
By Phil Fairbanks
Published Sat, Jun 3, 2017

Even now, five decades later, Albert Victory claims he was caught in the middle.

Yes, he was with the guy who shot and killed New York City Police Officer John E. Varecha. But he was trying to break up the struggle, not escalate it, he insists.

A jury found differently and sentenced Victory to 25 years to life in prison.

Now 76 and free, Victory is still fighting his murder conviction as part of a 15-year-old civil suit that brought him to a Buffalo courtroom last week.

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"I was convicted of something I didn't do, I really didn't do," he said after his federal court appearance. "I've been fighting for justice my whole life."

Filed in 2002, Victory's suit is based on his case before the state parole board while he was an inmate at Attica Correctional Facility, which is why the suit was filed here.

The parole board granted Victory's request, but later reversed itself when then-Gov. George E. Pataki, who was publicly opposed to violent felons getting parole, learned of his release and reportedly pressured the board to block it.

Victory sued and a Wyoming County judge gave Victory his freedom in 1999.

His pending lawsuit is based, in part, on the additional months he spent in prison while challenging the parole board's reversal.

Victory's suit claims politics interfered with his rights to an early release from prison.

"He was granted a privilege, and we feel politics took that privilege away," Norman P. Effman, one of his lawyers, said last week. "When a wrong is done, you try to right it."

Victory acknowledges his goal is a monetary settlement, a prospect much more likely now that his case is heading to trial, and he makes no apologies for that.

In a key ruling last month, U.S. District Judge William M. Skretny denied the state's motion to dismiss the case and removed the last legal obstacles standing between Victory and a jury.

Skretny set a trial date of Sept. 26 and, in doing so, set the stage for a possible settlement.

"Fifteen years is too long," the judge said of the case's age last week. "We need to get this done."

Victory's legal battle with New York State is rooted in the October 1968 murder of Officer Varecha, a rookie two months away from his one-year anniversary with the force. The shooting followed a traffic stop that turned quickly into a struggle.

There was evidence at the trial that Victory and Ronald Bornholdt, the man he was with, assaulted Varecha and that the policeman fought back with his nightstick and eventually drew his gun.

Prosecutors also argued during the trial that Victory and Bornholdt lured Varecha into a nearby alley where Bornholdt shot the officer four times.

Convicted of murder in 1970, Victory and Bornholdt were sentenced to 25 years to life in state prison.

Eight years later, Victory escaped from Green Haven Correctional Facility in Dutchess County by bribing two guards. He spent the next three years on the run in California.

Captured near San Francisco, Victory returned to prison and, by most accounts, was a model inmate until he was released.

New York City's police union reacted with outrage at the news of Victory's release in 1999 and called for an end to discretionary parole.

"That was just more piling on," he said of the board's reversal. "I'm 76 years old. I can't tell you the torture I've been through."

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[Greg Sojka]

A coldblooded cop killer walked free on parole yesterday after a series of mind-boggling court rulings, triggering an explosion of outrage from police, the governor and the victim’s elderly mother.

Albert Victory, who escaped for three years after bribing guards to let him have a tryst with his wife, left Attica state prison at 9:55 a.m. and was driven to the Otsego-Oneida county area, which he can’t leave.

“He hugged me. He didn’t think that this would happen,” said Norman Effman, one of his lawyers.

Victory, who turned 59 on Monday, was sentenced to 25 years to life for gunning down NYPD Officer John Varecha, 25, outside a popular Manhattan disco on Oct. 7, 1968.

Victory and another man, Robert Bornholdt, riddled Varecha with seven bullets after he chased them down for running a red light.

Victory — who has a rap sheet dating back to 1957 and was involved in an earlier shooting outside the disco — walked out of Attica after one state parole board granted him parole, a second rescinded it, and acting Supreme Court Justice Mark Dadd sided with the first board.

Police Commissioner Howard Safir was furious.

“The parole board is nothing short of a disgrace. These events only deepen my conviction that the parole system must be abolished,” he said.

“To let a cop killer out on the street … is an outrage. I think Judge Dadd has made a serious, serious mistake,” he added.

Patrick Lynch, president of the Patrolmen’s Benevolent Association, said the state had released “a psycho over a technicality.”

“Where are the checks and balances when the parole board makes a monumental mistake, but the mistake is corrected not on the side of society and the community, but on the side of the killer?” he asked.

Gov. Pataki said the state is appealing.

“The parole board should never have granted him parole in the first place,” he said.

And the rookie cop’s elderly mother, Mrs. John Varecha, protested: “Why should he be released? My son isn’t here to celebrate Christmas.”

While Bornholdt, the other killer, remains in prison, Victory was paroled after an amazing series of rulings.

Last January, one state parole board said he had earned his release. But in March, another parole board reversed the decision on the basis of “new information.”

Kenneth Graber, who was a member of both boards, said he was unaware that Victory had escaped in 1978 and spent three years on the lam before being caught in San Francisco.

Victory’s lawyers, Effman and Myron Beldock, said the board knew of the escape and rescinded their client’s parole under political pressure.

On Dec. 15, Dadd ruled that Victory’s files included “many references” to the escape and, thus, the second parole board could not reopen the matter based on “new information.”

He ordered Victory paroled.

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[lord Geof]

A coldblooded cop killer walked free on parole yesterday after a series of mind-boggling court rulings, triggering an explosion of outrage from police, the governor and the victim’s elderly mother.

Albert Victory, who escaped for three years after bribing guards to let him have a tryst with his wife, left Attica state prison at 9:55 a.m. and was driven to the Otsego-Oneida county area, which he can’t leave.

“He hugged me. He didn’t think that this would happen,” said Norman Effman, one of his lawyers.

Victory, who turned 59 on Monday, was sentenced to 25 years to life for gunning down NYPD Officer John Varecha, 25, outside a popular Manhattan disco on Oct. 7, 1968.

Victory and another man, Robert Bornholdt, riddled Varecha with seven bullets after he chased them down for running a red light.

Victory — who has a rap sheet dating back to 1957 and was involved in an earlier shooting outside the disco — walked out of Attica after one state parole board granted him parole, a second rescinded it, and acting Supreme Court Justice Mark Dadd sided with the first board.

Police Commissioner Howard Safir was furious.

“The parole board is nothing short of a disgrace. These events only deepen my conviction that the parole system must be abolished,” he said.

“To let a cop killer out on the street … is an outrage. I think Judge Dadd has made a serious, serious mistake,” he added.

Patrick Lynch, president of the Patrolmen’s Benevolent Association, said the state had released “a psycho over a technicality.”

“Where are the checks and balances when the parole board makes a monumental mistake, but the mistake is corrected not on the side of society and the community, but on the side of the killer?” he asked.

Gov. Pataki said the state is appealing.

“The parole board should never have granted him parole in the first place,” he said.

And the rookie cop’s elderly mother, Mrs. John Varecha, protested: “Why should he be released? My son isn’t here to celebrate Christmas.”

While Bornholdt, the other killer, remains in prison, Victory was paroled after an amazing series of rulings.

Last January, one state parole board said he had earned his release. But in March, another parole board reversed the decision on the basis of “new information.”

Kenneth Graber, who was a member of both boards, said he was unaware that Victory had escaped in 1978 and spent three years on the lam before being caught in San Francisco.

Victory’s lawyers, Effman and Myron Beldock, said the board knew of the escape and rescinded their client’s parole under political pressure.

On Dec. 15, Dadd ruled that Victory’s files included “many references” to the escape and, thus, the second parole board could not reopen the matter based on “new information.”

He ordered Victory paroled.

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===========================

What is your impossibly long point by reposting articles from other new publications, including one from the archives, which you seem to suggest is new information?

Do you believe he should gain monetarily?

The cut and paste mentality, with no point, is a waste of your time and everyone else's.

[Lee Chowaniec]

Ah, it’s just nasty ass Greg being nasty ass Greg and taking another meaningless shot at Graber - to what end is beyond me!.

As with school superintendent Dr. Vallely and numerous others Greg will utilize any means and/or make any unfounded allegation to discredit someone he is at odds with. Despite all the good works, time, effort and resulting recognition for accomplishments these two have received from the community and state it is not good enough for Greg.

Hey Greg, still smarting from your lopsided loss for the Republican Party Committee Chair?

Still in good standing with the party?

Out collecting rogue petitions for Joe?

[Greg Sojka]

I would like all Speak Up WNY readers to ponder the amount of money spent on the past and current defense for this "snafu"? The lawyer bills are still piling up and a settlement will be very large . The total bill will be paid by NYS taxpayers. I also ask any of you that work in the private sector,would any of us still have a job and pension if you forgot to read the reports and paroled a cop killer? ****** Lee , I ask this if I am nasty ass ? What is breezy? Gorja? And others ? Do you believe that this " snafu " is free like college tuition and healthcare? It may surprise you but WE are paying for this all the around .

[shortstuff]

What point Greg are you trying to get across the Speakup readers? Perhaps by expressing why you posted the aforementioned, people can ascertain the point and respond appropriately.

[Lee Chowaniec]

As this is another copy and paste submittal by Greg without comment and substance, what is your point Greg?

If you’re honest intent is to decry an incident that is so convoluted and requires trial and exorbitant expenses on a career criminal who should have never been released, I have to agree with you; and I sincerely apologize.

However, I have to believe from many of your past posts you are shining the spotlight on Graber to diminish him personally. This has lingered in the court system for years, most likely considered frivolous.

[Greg Sojka]

Lee, few of the writers on this forum have the courage to use their real name . The post I put up was to point out that a convicted cop killer was granted parole , an official failed to read the whole report, and the NYS taxpayer millions wasted because of the " mistake". Lee, I ask you this why the criticism? Others on here have posted young children's pictures, police records, leins, judgements, and make believe fake news . Why were you so silent on their posts? If you want to be the sheriff of speak up wny then be fair and stop giving your buddies a free pass.

[Lee Chowaniec]

Lee, few of the writers on this forum have the courage to use their real name . The post I put up was to point out that a convicted cop killer was granted parole , an official failed to read the whole report, and the NYS taxpayer millions wasted because of the " mistake". Lee, I ask you this why the criticism? Others on here have posted young children's pictures, police records, leins, judgements, and make believe fake news . Why were you so silent on their posts? If you want to be the sheriff of speak up wny then be fair and stop giving your buddies a free pass.

Greg, the title of your thread is, “Always a Lancaster connection.” That alone signals that a Lancaster resident was involved. In your first two posts the only name mentioned in the convoluted screw up was Lancaster resident Graber; no mention of other prosecutors, judges, jail personnel, etc. involved in the screw up.

Now I already posted an apology to you with the understanding that I agreed with your comments on the outcome, but cautioned it was based on your not targeting and blaming Graber solely for the outcome. That condition was set because of your past numerous posts to discredit/demean someone with unfounded allegations and false narrative and you have yet to make clear your intent here clear.

The rest of your post is mere BS to reflect from the focus of the thread you started.

With your recent setbacks you exemplify the proverbial man in a hole who just can’t stop digging.

[gorja]

Originally posted by Lee Chowaniec:
With your recent setbacks you exemplify the proverbial man in a hole who just can’t stop digging.

LMAO

Have a GREAT day

Georgia L Schlager