Hudson County Prosecutor Edward DeFazio confirmed Monday that Lucila Ventura (pictured), the West New York mom (now 22) sentenced to five years in prison in 2007 for throwing her two newborn babies down the airshaft of the building where she used to live in 2003 and 2005, will be released possibly within the next few days. Her children were fathered by her own father, Jose Ventura, who sexually abused her for years and according to court documents, ordered her to dispose of the children. He was sentenced to 35 years in prison.
The Appellate Division of the New Jersey State Court ruled earlier this month to reduce the original five year sentence to four years after citing mitigating factors such as Ventura’s I.Q. of 72 and sexual abuse by her father while she was a teenager, making Ventura eligible to be released now.
DeFazio confirmed that his petition to request that Ventura carry out the rest of her five-year sentence was denied by the Appellate Division.
“The petition for the emergent stay was denied. We believe that decision was not appropriate according to the sentencing laws in this state,” said DeFazio. “We believe the trial judge made the correct decision in sentencing her to two concurrent terms.”
DeFazio also said he will take the matter to the State Supreme Court. However, it is highly likely that Ventura will be released before the court gets to hear DeFazio’s arguments. DeFazio said if that were to happen and the Supreme Court ruled in DeFazio’s favor, Ventura would then be ordered to return to carry out the remaining of her sentence.
As of Monday, Matt Schuman, public information officer for the New Jersey Department of Corrections, said that Ventura remains in jail and they have not received any paperwork from the courts requesting her release. So as of Monday, her December 2009 release date remains. “That could change at any time,” said Schuman. According to department of corrections records, Ventura is currently staying at the Edna Mahan Correctional Facility for Women in Clinton, New Jersey.