Albany Witness, Arrested on the Stand, Is Freed on Bail

NEW YORK — The story of Todd R. Howe, the disgraced government witness who helped federal prosecutors investigate major New York state corruption cases, always seems to come down to credit cards and second chances — both of which seem to pose problems for Howe.

On Thursday, Howe was taken into a Manhattan courtroom from the detention center where he has been held since February, under rather unusual circumstances.

Howe was thrown into jail after he admitted during a trial that he tried to defraud a credit card company after becoming a cooperating witness for the government.

Howe, who had pleaded guilty to eight felonies and still faces sentencing, made the admission under cross-examination during the trial of Joseph Percoco, a former top aide to Gov. Andrew Cuomo of New York.

Hours after making that admission, Howe was arrested for violating a key provision of his cooperation deal: that he “commit no further crimes whatsoever.” Percoco was later convicted, and awaits sentencing.

Howe, meanwhile, awaited his own fate, which he hoped would soon include his release.

Two weeks ago, Judge Valerie E. Caproni of U.S. District Court signaled at a court conference that it was time for Howe to be released on bail, and his lawyers and the government later submitted a joint proposal that would require him to sign a $100,000 personal recognizance bond and abide by a list of conditions.

But the judge questioned whether some of the provisions, such as one that strongly restricted his use of cellphones and electronic communication devices, were appropriate or necessary.

A prosecutor, Janis Echenberg, explained that as Howe gained his freedom over the next several months, “having specific rules for him to follow, at least initially, we think makes sense.”

Caproni replied that the “primary rule” for Howe was that he “cannot commit another crime.”

“If he can’t keep that in mind,” she said, “none of the rest of these conditions are going to make a dime’s worth of difference.”

But the judge suggested that one provision — about credit cards — was not strict enough. She ultimately allowed Howe to keep one credit card and an ATM card, and directed that within one week, he have a credit check done through the three major credit reporting bureaus, and send the reports to the government and to the court.

Caproni said he would be required to run another credit check one week before sentencing, which is scheduled for Nov. 2. “I want to see where you are right now and I want to see where you are right before sentence.”

He was not to apply for any new cards, she added.

As the hearing ended, Caproni addressed Howe again. “You’re getting a second chance. Don’t mess it up. I might say this is more like your third or fourth chance but, seriously, everybody’s patience has gone. So this is your chance. Don’t mess it up. You now know what jail is like.”

By day’s end, Howe had been released on the new bond conditions, said one of his lawyers, Savannah Stevenson. “Mr. Howe is looking forward to seeing his family,” she said, “and preparing for the court’s decision come sentencing.”

She added that Howe was to be on a flight back to Idaho, where his most recent job was as a groundskeeper for a golf course.