N.J. woman who threw babies down air shaft released from prison, held by immigration officials
By Michaelangelo Conte
October 27, 2009, 3:45PM

Journal file photoRepeatedly sexually assaulted by her father, Lucila Ventura, who threw two of her babies down an air shaft, was ordered released from prison, but is now in the custody of immigration officials. This photo was taken two years ago. WEST NEW YORK -- The West New York woman who was repeatedly sexually assaulted by her father and tossed her two babies down an air shaft was released from prison Thursday, authorities said. She is now being held by immigration officials.

Lucila Ventura, 22, a native of El Salvador, had pleaded guilty to the Aug. 31, 2003 reckless manslaughter of one infant and the Sept. 13, 2005 aggravated assault of the baby who survived the fall from the Ventura family's bathroom to the bottom of an air shaft.

On May 10, 2007, Ventura was sentenced to five years in prison by Superior Court Judge Kevin Callahan. While serving that term she successfully appealed the sentence and on Oct. 8 it was reduced to four years by the appellate division which ordered her released.

The Hudson County Prosecutor's Office filed for a stay of the ruling but it was denied.

Callahan then amended his sentence and the court notified the state Corrections Department on Oct. 21, leading to her release the next day into the custody of Immigrations and Customs Enforcement agents.

Journal file photoJose Ventura, who repeatedly sexually assaulted his daughter, in handcuffs.The prosecutor's office intends to pursue the matter and next week will file to have the case heard before the state Supreme Court in an attempt to have the appellate court's decision overturned.

Ventura would have become eligible for parole in December had the appellate court not re-sentenced her, but prosecutors say the matter is significant due to legal issues even if it would have little impact on Ventura's prison term.

The appellate court ruled that Callahan's decision in arriving at Ventura's sentence should have been more influenced by the fact that she was sexually abused and threatened for years by her father, had an IQ of 72, and suffered from depression, post-traumatic stress syndrome and other problems.

Ventura's father, Jose Ventura, 48, fathered the babies and ordered his daughter to throw the them down the air shaft. He also threatened to kill Lucila Ventura and her mother (his wife) if she told anybody about his abuse, according to court documents.

He was sentenced to 35 years in prison.

An ICE spokesman has not yet responded to questions about when and if Lucila Ventura is to be deported.


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