BUSH APPOINTEE in Northern District of New York, Deals Right to Dissent a Death Blow! Options

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"Undersheriff says ex-anchorman Dague threatened to use a gun - Call allegedly made on Sunday to 911 center over wife's ticket"

By MARC PARRY, Staff writer, Albany, New York Times Union

Last updated: 4:32 p.m., Friday, November 2, 2007

MILTON -- After his wife was pulled over for talking on her cell phone while driving, former WNYT Ch. 13 anchor Ed Dague allegedly called the Saratoga County 911 Center and threatened "to go to the scene with a firearm" if she got a ticket, a law enforcement official said today.

That episode Sunday led to the veteran newsman's arrest Thursday on the misdemeanor charge of second-degree aggravated harassment, according to Saratoga County Undersheriff Michael Woodcock.

Dague's wife was driving on Route 9P in Saratoga in the early afternoon when she was pulled over by a sheriff's deputy, Woodcock said.

She apparently called Dague, Woodcock said, who then called the 911 center.

"Basically, he was very upset," Woodcock said.

The undersheriff didn't have an exact quote, but he summarized Dague's statement to the 911 dispatcher as "that if she were to get a ticket he would have to go to the scene with a firearm."

Dague's wife -- identified by WNYT as Donna Dague -- did get the ticket.

And after an investigation, Woodcock said, Dague was arrested on the harassment charge and released on an appearance ticket for Milton Town Court.

The maximum penalty is a year in jail, a $1,000 fine or both, Woodcock said.

Dague, 64, told the Times Union in an e-mail today that his lawyer had ordered him not to comment.

"I would really like to and I may yet because clearly something outrageous happened," the Stillwater resident said.

"But I just cannot, yet."

Dague added in a subsequent e-mail that he does not own a gun and that his lawyer is his son.

Saratoga County District Attorney James A. Murphy III gave this statement:

"I have been advised there is a charge of aggravated harassment brought by the sheriff's department."

"It is returnable Tuesday in the town of Milton, and certainly before that time, my office will review the file that we will receive from the sheriff's department."

Dague said in an interview with his old employer, WNYT, that his chronic pain was a factor in the episode.

Health problems forced his retirement in 2003.

Dague told the Times Union then that he suffered nearly constant pain from reactive arthritis and a related condition called ankylosing spondylitis, a degenerative rheumatic disease that affects joints, tendons and ligaments, mainly in the neck, back and hips.

His joints and spine have been calcifying and fusing for years.

Dague began his broadcasting career in 1973 at WRGB Ch. 6.

He also worked at WTEN Ch. 10.

Dague writes a blog for the Times Union called In Medias Res about issues facing the local media.

His last post, about television ratings, was Thursday night.

Dague's blog can be found at http://blogs.timesunion.com/eddague.

Marc Parry can be reached at 454-5057 or by e-mail at mparry@timesunion.com. Staff writer Dennis Yusko contributed to this report.

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"Cuomo: Appraisers inflated home values"

By MICHAEL GORMLEY, Associated Press Writer

Fri Nov 2, 2:25 AM ET

ALBANY, N.Y. - New York Attorney General Andrew Cuomo said Thursday a major real estate appraisal company colluded with the nation's largest savings and loan company to inflate the values of homes nationwide, contributing to the subprime mortgage crisis.

"This is a case we believe is indicative of an industrywide problem," Cuomo said in a news conference.

Cuomo announced the civil lawsuit against eAppraiseIT that accuses the First American Corp. subsidiary of caving in to pressure from Washington Mutual Inc. to use a list of "proven appraisers" who he claims inflated home appraisals.

He also released e-mails that he said show executives were aware they were violating federal regulations.

The lawsuit filed in state Supreme Court in Manhattan seeks to stop the practice, recover profits and assess penalties.

"These blatant actions of First American and eAppraiseIT have contributed to the growing foreclosure crisis and turmoil in the housing market," Cuomo said in a statement.

"By allowing Washington Mutual to hand-pick appraisers who inflated values, First American helped set the current mortgage crisis in motion."

Washington Mutual said Thursday it is suspending its relationship with eAppraiseIT and that it plans to further investigate the situation.

"We have absolutely no incentive to have appraisers inflate home values," Washington Mutual said in a release.

"We use third-party appraisal companies to make sure that appraisals are objective and accurate."

First American said the lawsuit against its subsidiary "has no foundation in fact or law" and called Cuomo's accusations "specious."

"The attorney general's allegations, largely based on a handful of e-mails that have been taken out of context, or mischaracterized, and an incomplete review of the facts, belie our record of compliance with applicable law," the company said in a prepared statement.

"The program called into question today by the attorney general has been vetted and approved by the federal regulator responsible for oversight of such programs."

Washington Mutual shares slid $2.13, or 7.6 percent, to close at $25.75 on a day when the stock market as a whole, and financial company stocks in particular, stumbled.

First American shares gained 40 cents to $30.50.

About 265,000 loans to individuals and families over 18 months were subject to the inflated assessments, according to Cuomo.

The amount the assessments exceeded true values isn't detailed in the lawsuit.

But the e-mails indicate an early proposal would have increased assessments "5 percent with a cap of $50,000 if it is fully justified," according to Cuomo.

That plan was rejected for the list of "proven appraisers."

An April 26, 2007 e-mail from eAppraiseIT's president to First American stated:

"Sales is the driving force behind the Proven Appraiser List (PAL) which is questionable from a regulatory perspective ..."

"We feel our reputation in the industry is being tarnished by the implementation of the Proven List since Production selects the appraiser."

"It's probably been going on forever," said Terry Dunkin, the president of Appraisal Institute of professional real estate appraisers, who has been working for federal and state reforms.

"It's something that has been more prevalent in recent years with the escalating market."

"It could be 5 percent (above true value), it could be 10 percent, it could be more," Dunkin said.

He said the inflated appraisal by a fraudulent appraiser is as high as the lender wants.

Cuomo said investors were hurt buying mortgages based on inflated property values.

He added that consumers will suffer for years because they were stuck with mortgage payments based on unrealistic values for their properties, a problem that will worsen as housing sale prices drop in much of the country.

Home buyers forced into foreclosure could also end up owing more than they should, Cuomo said.

"And now you have a mountain of personal debt for the rest of your life," he told reporters.

Driven by a hungry market for bonds backed by home loans, mortgage lenders expanded subprime lending dramatically in 2005 and 2006.

In many cases, they made loans to people at low initial "teaser" rates, which reset substantially higher one to three years later at levels some borrowers couldn't afford.

The inability of many of those borrowers to cover loan payments once they reset led to the credit crisis.

More than 50 lenders have gone out of business this year, tens of thousands of people have lost their jobs in the industry, foreclosures have soared nationwide and it has become more difficult for home buyers to get home loans.

"The independence of the appraiser is essential to maintaining the integrity of the mortgage industry," Cuomo said, citing several e-mails between the companies' executives.

"First American and eAppraiseIT violated that independence when Washington Mutual strong-armed them into a system designed to rip off homeowners and investors alike," he said. "

Cuomo said that as a state official he didn't have clear jurisdiction to sue the federally chartered Washington Mutual.

Cuomo said eAppraiseIT and the parent company knew its actions were illegal, citing an April 17, 2007 e-mail from eAppraiseIT's president to First American that said, "We view this as a violation of the OCC, OTS, FDIC and USPAP influencing regulation."

"This is another example where the federal government is asleep at the switch," Cuomo said.

"It runs through the entire mortgage spectrum," he said.

"Everyone is relying on the appraisal ..."

"The appraisal is really the linchpin of the home buying transaction."

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"Media spotlight falls on Dague after arrest - News personality becomes the news after police say he threatened to use gun in 911 call"

By MARC PARRY, Staff writer, Albany, New York Times Union

First published: Saturday, November 3, 2007

MILTON -- Ed Dague, a well-respected retired local TV news anchor, became the story Friday as authorities released new details about an alleged threatening phone call that led to his arrest.

After his wife, Donna, was pulled over for allegedly talking on her cellphone while driving, Dague called the Saratoga County 911 Center and threatened "to go to the scene with a firearm" if she got a ticket, a law enforcement official said.

That episode last Sunday led to the former WNYT Ch. 13 anchor's arrest Thursday on the misdemeanor charge of second-degree aggravated harassment, according to Saratoga County Undersheriff Michael Woodcock.

Dague's wife was driving on Route 9P in Saratoga in the early afternoon when she was pulled over by a sheriff's deputy, Woodcock said.

She apparently called Dague, Woodcock said, who then called the 911 center.

"Basically, he was very upset," Woodcock said.

The undersheriff didn't have an exact quote, but he summarized Dague's statement to the dispatcher as "that if she were to get a ticket, he would have to go to the scene with a firearm."

Dague's arrest made for awkward television.

WRGB Ch. 6 reporter Mary Beth Wenger showed up at his Stillwater doorstep.

Her camera rolled as the Dague, dressed in what appeared to be a plaid robe, refused to be interviewed.

Dague, 64, initially told the Times Union he was "under strict lawyer's orders to avoid comment," even though "I would really like to and I may yet because clearly something outrageous happened."

But when the newspaper e-mailed back with a summary of Woodcock's account of his phone call, Dague sent this sarcastic reply:

"Sure, every time my wife gets stopped, I call police and wig out on them."

"For no reason at all, I just do it for the fun of it.

"Does that sound accurate to you?"

"Part of it is right, things left out make a difference, but I cannot say anything on the record."

Dague added two other details: He doesn't own a gun, and his son, Harris, is representing him.

Harris Dague was more guarded than his father.

The 31-year-old Albany lawyer had no comment beyond saying he was working with the Saratoga County district attorney's office to resolve the matter.

Dague was released on an appearance ticket.

The maximum penalty is a year in jail, a $1,000 fine or both, Woodcock said.

A hearing was scheduled for Nov. 20 in Milton Town Court.

In an interview with WNYT, Dague said that he was suffering from chronic pain at the time of the call.

Dague, whose four decades in the local media market date to his undergraduate radio gig at RPI's student station, retired because of health problems in 2003.

Dague told the Times Union then that he suffered nearly constant pain from reactive arthritis and a related condition called ankylosing spondylitis.

The degenerative rheumatic disease affects joints, tendons and ligaments, mainly in the neck, back and hips.

His joints and spine have been calcifying and fusing for years.

He remains in the public eye, nonetheless, and writes a blog for the Times Union -- In Medias Res.

Paul Conti, who worked with Dague for nearly two decades, considered the threat that led to his arrest out of character.

Dague might argue with you, Conti said, but "I've never known him to threaten anybody with physical harm or violence."

Conti knew his old WNYT colleague as an intellectually voracious man whose interests include the Revolutionary War and particle physics.

During his anchoring days, reporters knew they had to be prepared when they did a live report from the field, because if they left out a salient fact Dague would ask about it.

They called that "getting Dagued."

As for the gun Dague allegedly threatened to bring, Conti stressed that "even as a Revolutionary War buff, he doesn't own one.

"I don't think he even owns a BB gun," said Conti, who now teaches at The College of Saint Rose.

Why does the public care when someone like Dague gets arrested?

One expert pointed out that communities derive part of their identity from leaders -- of schools, political institutions and media outlets.

A similar episode might not get beyond the police blotter if it involved other people, said Robert Thompson, professor of television and popular culture at Syracuse University.

But when such things happen to community celebrities, they're "obviously news," he said.

The numbers back him up.

Dague's story attracted 3.5 times the readership of the next-most-popular item on the Times Union's Web site, about a Schenectady car accident.

"The big surprise would have been if this would have happened and it wouldn't have been a big story," Thompson said.

Marc Parry can be reached at 454-5057 or by e-mail at mparry@timesunion.com.

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"Sen. Leahy to oppose Mukasey for AG"

By JOHN CURRAN, Associated Press Writer

2 November 2007

MONTPELIER, Vt. - The chairman of the Senate Judiciary Committee said Friday he won't support Attorney General nominee Michael Mukasey, further undercutting his chances for a quick confirmation, because Mukasey hasn't taken a firm enough stand against torture.

"No American should need a classified briefing to determine whether waterboarding is torture," said U.S. Sen. Patrick J. Leahy, D-Vt.

He planned an afternoon news conference to make the announcement in Burlington.

Sliding support among Democrats on the panel, which will vote on the nomination Tuesday, makes it somewhat less likely the full Senate will send Mukasey to a Justice Department that has been leaderless for weeks.

Leahy became the first of the panel's 10 Democrats so far to say they will not support him.

Once viewed as a sure thing, Mukasey's nomination was threatened during hearings last month in which he repeatedly refused to say whether he considers the simulated drowning interrogation technique known as waterboarding to be a form of torture.

Torture is considered a war crime by the international community and waterboarding has been banned by the U.S. military, but CIA interrogators are believed to have used the technique on terror detainees as recently as a few years ago.

Mukasey has called waterboarding personally "repugnant," but said he did not know enough about how it has been used to define it as torture.

He also said he thought it would be irresponsible to discuss it since doing so could make interrogators and other government officials vulnerable to lawsuits.

"I am eager to restore strong leadership and independence to the Department of Justice," said Leahy.

"I like Michael Mukasey."

"I wish that I could support his nomination."

"But I cannot."

"America needs to be certain and confident of the bedrock principle_ deeply embedded in our laws and our values — that no one, not even the president, is above the law."

Mukasey, a retired federal judge, was nominated in September to replace former Attorney General Alberto Gonzales, who resigned after months of questions about his honesty in congressional testimony and whether he allowed the Justice Department to become too entwined in White House politics.

Mukasey needs support from at least one Democrat on the 19-member Senate Judiciary Committee for his nomination to be sent to the full Senate for a vote.

The four Democrats who sit on the panel and already have said they will oppose him are: Joe Biden of Delaware, Edward M. Kennedy of Massachusetts, Richard Durbin of Illinois and Sheldon Whitehouse of Rhode Island.

Earlier Friday, President Bush renewed his plea for Mukasey's confirmation.

"He's a good man."

"He's a fair man."

"He's an independent man, and he's plenty qualified to be attorney general," Bush said of Mukasey, just after landing in Columbia, S.C., on his way to a political fundraiser and to give a speech at Fort Jackson.

On Thursday, Bush had warned that the Justice Department would go without a leader in a time of war if Democrats thwarted Mukasey.

Bush also said that if the Judiciary Committee were to block Mukasey because of his noncommittal stance on the legality of waterboarding, it would set a new standard for confirmation that could not be met by any responsible nominee for attorney general.

Another Democrat on the Judiciary Committee who was critical of Mukasey during the hearings, Sen. Russ Feingold of Wisconsin, said he has not yet decided how he'll vote.

"He may be the best nominee we can get from this administration in this respect," Feingold said of Mukasey.

"But I am concerned about his views on executive power, and I am weighing whether his answers to questions in that area adequately demonstrate a commitment to the rule of law."

There is a way for Mukasey to get a full Senate vote even if committee Democrats are united in opposing him.

The Senate Judiciary Committee could agree to advance the nomination with "no recommendation," allowing Mukasey the chance to be confirmed by a majority of the 100-member Senate.

Several vote-counters in each party said Mukasey probably would get 70 "yes" votes in such a scenario.
___

Associated Press writer Lara Jakes Jordan in Washington contributed to this report.

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"McNally's lead narrows in DA's race"

By BOB GARDINIER, Staff writer, Albany, New York Times Union

Last updated: 4:08 p.m., Friday, November 9, 2007

TROY - With the final canvas of election machines around Rensselaer County completed today, Democrat Richard McNally was still ahead in the district attorney's race, but his lead narrowed.

The final count of the machine vote showed McNally getting 18,595 votes to 18,394 for Republican Greg Cholakis, a 201-vote difference.

On Thursday, when the canvas was half completed, the numbers had McNally ahead of Cholakis 18,481 to 18,179, a 302-vote difference.

Election night tallies had Cholakis ahead by about 300 votes.

The main problem causing the seesaw of results was bad math by poll workers, a common problem every year but more acute this year because the race is so close, officials said.

Democratic Elections Commissioner Ed McDonough said officials sometime next week will huddle to count 1,736 absentee ballots, 324 affidavit ballots and 28 emergency ballots.

What day that will be done though is still up in the air, he said.

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"Ex-Spitzer aide's story still being checked out - Inconsistencies in Darren Dopp's testimony could lead to charges"

By RICK KARLIN, Capitol bureau, Albany, New York Times Union

First published: Friday, November 9, 2007

ALBANY -- Albany County District Attorney David Soares is exploring whether a former top aide to Gov. Eliot Spitzer gave conflicting testimony about his role in the release last summer of Senate Majority Leader Joseph L. Bruno's travel records.

If it turns out that Darren Dopp, who was Spitzer's communications director, gave different statements to the state's Public Integrity Commission, the attorney general or to Soares himself, the district attorney could decide to file charges.

Those charges could include perjury or obstruction of justice, according to several sources close to the investigation.

Meanwhile, Senate Republicans on Thursday said they would try to force the Democratic governor to testify under oath before the Senate Investigations Committee, which they control and which is also probing the affair.

On Wednesday, Spitzer's office and Dopp jointly filed court papers attempting to quash a subpoena by the Senate committee seeking e-mails and other correspondence among the governor's top staff.

The supposed discrepancies in Dopp's testimony were brought to light by the state's Public Integrity Commission, which called Dopp in to testify last month.

Dopp spoke with commission members and staffers for some nine hours and his lawyer, Terence Kindlon, said he cooperated in full.

Kindlon could not be reached on Thursday.

Soares did not return messages seeking comment.

In the weeks after Dopp's Oct. 11 visit, the Public Integrity Commission, overseen by Executive Director Herbert Teitelbaum, went to Soares with what it believes was inconsistent testimony.

The commission is one of several investigative bodies looking at the scandal.

In addition to the Senate committee, officials at the state Commission of Investigation have said it will likely launch its own probe as well.

So far, investigations by state Attorney General Andrew Cuomo and by Soares have been completed.

Investigators may focus on Dopp's role in having acting State Police Superintendent Preston Felton tell his officers to re-create Bruno's travel records with a plan to release them to the media.

There are also questions about whether Spitzer tried to stop the plan when he learned about it.

The attorney general's July 23 report contains no reference to Spitzer's trying to halt the plan.

But Soares' Sept. 21 report found that Spitzer was told in May that his office had been getting media inquiries about Bruno's use of state helicopters.

Spitzer, according to the Soares report, then said he believed that "any response would be an unnecessary distraction."

Spitzer has maintained that he didn't know Dopp and former homeland security official William Howard, were having police compile the records for public release.

Those records quickly became controversial after a July 1 Times Union story questioning Bruno's use of State Police helicopters and drivers for trips to New York City.

The records showed some of the trips coincided with major Republican fundraisers.

Bruno maintains he also did legislative business, though he has not publicly said what it was.

Days after the story, Bruno charged that Spitzer's aides had used State Police to engage in "political espionage."

Cuomo's report found no illegalities but concluded Dopp and Howard wrongly enlisted State Police for what was essentially a political matter.

Investigators for the attorney general didn't actually speak to Dopp, but he and Spitzer's secretary, Richard Baum, submitted written statements.

Dopp was suspended by the governor and later quit to work for a lobbying firm.

He has denied doing anything wrong.

Republican senators say they aren't convinced, however, and have subpoenaed e-mails, BlackBerry messages and other correspondence among Dopp and other aides.

"They want this challenged in court."

"We're going to challenge in court," Bruno spokesman John McArdle said of the governor's efforts to stop the subpoena.

"We're going to prevail, and we're going to force the governor to do what he said he would do voluntarily: testify under oath and cooperate fully and completely -- which he has yet to do with any investigative body that has looked at this matter."

Sen. George Winner, R-Elmira, who heads the Senate Investigations Committee, said the panel will also delve into why Spitzer's attorneys filed the court papers in Manhattan rather than Albany, where the case originated.

Winner questioned whether Spitzer's attorneys believe they can get a more sympathetic ear in New York City.

A Spitzer spokeswoman had no immediate response.

Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com. With reports from Gannett New Service.

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"New York Civil Liberties Union sues state on right to attorney"

By VALERIE BAUMAN, Associated Press

Last updated: 5:13 p.m., Thursday, November 8, 2007

ALBANY -- The New York Civil Liberties Union sued the state Thursday, claiming flaws in the court system violate the state constitution and the Sixth Amendment by preventing the poor from getting adequate legal representation.

"Every day, in courtrooms throughout the state, New Yorkers are denied justice simply because they are poor," said Donna Lieberman, executive director of the NYCLU.

"Justice should not depend on your zip code or the size of your wallet."

The class action suit claims the state has failed to provide sufficient funding, oversight and standards for the court system, which has resulted in unfair convictions, longer sentences and absent attorneys.

The suit cites plaintiffs in Onondaga, Ontario, Schuyler, Suffolk and Washington counties, but Lieberman said they represent a larger problem across the state.

Court-appointed lawyers are overwhelmed by huge caseloads and operating with staff and resource shortages, she said.

In some cases, defendants have appeared in court on criminal charges without attorneys and have been sent to jail without bail, she said.

Some defendants may plead guilty or make other legal decisions they would avoid with legitimate advice, she said.

NYCLU representatives said the public defenders and local court systems shouldn't be blamed for the problems.

Instead, the state should take responsibility, said NYCLU staff attorney Corey Stoughton.

According to NYCLU representatives, the state's 62 counties spent a total of $262 million last year on public defense and the state contributed about $62 million.

David Bookstaver, a spokesman for the state Unified Court System, said he could not comment on pending litigation, but said the state has spent $10 million this year on improving the town and village court systems.

"We are aware of some of the issues in the town and village courts," Bookstaver said.

"We have been, for the past year, taking measures to address them."

Among those efforts is enhanced and more comprehensive training and the addition of tape recorders for town and village courts to establish records of all proceedings, he said.

The state has also appointed supervising judges to oversee town and village courts around the state.

The supervising judges will not operate as a disciplinary body, but will be there to resolve issues as they come up from anyone involved: defendants, defense lawyers, prosecutors or judges.

A report released last year by the Commission on the Future of Indigent Defense Services found that New York's defense system for the poor is underfunded, has no uniform standards governing the operation of defense services and no competence standards for lawyers.

Led by Chief Judge Judith Kaye, the commission also found that appointed defense attorneys are overworked and rarely meet with clients outside of a courtroom, giving prosecutors great advantages at trial.

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The world of politics in the corrupt State of New York ....

Or why we have no integrity in OUR government ...

Or faith ...

Or trust ...

"A fall, a glimpse of patronage - Records reveal how Erin Dreyer used friends in high places to get and keep political jobs"

By BRENDAN LYONS, Staff writer, Albany, New York Times Union

First published: Sunday, January 22, 2006

In 1994, Erin Dreyer graduated from college with a degree in political science and a plan to put it to good use.

She took jobs that summer as a waitress and a bookstore clerk to bide time as she kept close tabs on George Pataki's first campaign for governor.

As the daughter of William Ennis, a politically influential insurance broker from Saratoga Springs, Dreyer gravitated toward a career in government.

"I did not want to become a civil servant."

"... I wanted to work as an appointee," Dreyer said in a deposition that's part of a lawsuit she filed against the state.

"I wanted a political job."

Officials with the offices of U.S. Rep. John Sweeney, R-Clifton Park, whose campaign Dreyer had supported as a volunteer, and state Sen. Joseph L. Bruno, R-Brunswick, the majority leader, also tried to intervene at the request of Saratoga County Republican party bosses.

"Feds allege misuse of cash - Federal grand jury indictment charges former leader of state institute abused position; defense attorney says criminal case won't stand up to scrutiny"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union
First published: Friday, October 14, 2005

ALBANY -- The former big-spending leader of the state's scandal-plagued Institute for Entrepreneurship faces 15 counts of fraud carrying up to 75 years in prison and $3.75 million in fines, according to a federal indictment announced Thursday.

The institute has been an embarrassment for Republican leaders.

It had been supported in words and money by the Pataki administration, Senate Majority Leader Joseph Bruno, R-Brunswick, and Rep. John Sweeney, R-Clifton Park.

"Source: Sweeney passenger a shock - Arresting State Police officers in DWI case surprised to find a woman on ex-congressman's lap"

By ROBERT GAVIN, Staff writer, Albany, New York Times Union

First published: Wednesday, November 14, 2007

State Police received an unexpected surprise when they stopped former Rep. John Sweeney on the Northway early Sunday -- a female passenger on his lap, a law enforcement source said Tuesday.

When troopers began following the ex-lawmaker north on I-87, just south of Exit 9, they assumed the Clifton Park Republican was driving alone in his 2004 BMW, said the individual, whose identity is being withheld by the Times Union.

The 23-year-old woman, who has not been identified, was on Sweeney's lap, the source said.

Sweeney, who is expected to appear in Clifton Park Town Court tonight, pulled over after he swerved toward a State Police cruiser -- nearly striking the vehicle, the individual said.

The former congressman refused to take a roadside field sobriety test, in which drivers blow into a device, but did take a Breathalyzer exam back at the State Police barracks, said Maj. Patricia Groeber, who commands Troop G in Loudonville.

Groeber said she had no knowledge of Sweeney's alleged swerve toward the police cruiser.

The Daily Gazette newspaper on Monday reported that Sweeney refused to take the Breathalyzer test until he spoke to his attorney, E. Stewart Jones.

Reached late Tuesday, Jones acknowledged the men spoke, but said there was "never a refusal" by Sweeney to take the test.

"Obviously he took it because the results are as they've been described," the attorney said.

Jones declined to answer questions about the woman or provide other details.

Asked about Sweeney's alleged swerve toward the cruiser, he said "I'll comment on that once this case is resolved."

State Police have refused to release Sweeney's public arrest report.

Police officials Tuesday referred the matter to a State Police captain who handles Freedom of Information Law requests.

On Monday, State Police issued a news release stating that Sweeney was driving northbound on I-87 about 1:19 a.m. Sunday when troopers stopped him for making an unsafe lane change.

A trooper, noticing a "strong odor" of alcohol on the former congressman's breath, issued sobriety tests, which Sweeney failed.

His blood alcohol level registered at 0.18 percent -- over twice the legal limit of 0.08 -- causing him to be charged with aggravated DWI as well as the standard DWI charge.

He was also ticketed for the lane change.

Sweeney, a one-time STOP-DWI coordinator for Rensselaer County, lost his seat last November to Democratic Rep. Kirsten Gillibrand amid allegations of spousal abuse.

Writer Leigh Hornbeck contributed to this report. Robert Gavin can be reached at 434-2403 or by e-mail at rgavin@ timesunion.com.

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"Sweeney to cops: 'This is not going to turn out good'''

By ROBERT GAVIN, Staff writer, Albany, New York Times Union

Last updated: 4:48 p.m., Wednesday, November 14, 2007

CLIFTON PARK -- Facing drunken driving charges early Sunday morning, ex-U.S. Rep. John Sweeney reminded state troopers of his status, feared he wouldn't pass a sobriety test and questioned whether his arrest would go public, court papers revealed today.

"Do you know who I am?" Sweeney, 52, told police, moments after a traffic stop on the Northway just south of Exit 9, according to records filed in Clifton Park Town Court.

The Clifton Park Republican first told troopers he had a couple of drinks in downtown Albany -- and later explained, on the ride to the police barracks, that he drank four glasses of wine at the Envy Lounge on Pearl Street, records show.

"You guys know I will not pass the tests."

"I am not taking any tests," Sweeney told Troopers Michael Tromblee and Phillip Dickson during the traffic stop.

"This is not going to turn out good."

He later asked Tromblee at the barracks, "What exactly will the news media and papers get about this?"

Sweeney, who is expected to appear in Town Court tonight, told police he was driving home at the time.

A 24-year-old female passenger was on Sweeney's lap, authorities said.

He was pulled over after he swerved toward a State Police cruiser -- nearly striking the vehicle, a law enforcement official has said.

State Police reported a strong odor of alcohol on Sweeney's breath.

The Republican, who lost his re-election bid last year to Democratic Rep. Kirsten Gillibrand, allegedly failed a standard field sobriety test.

A subsequent test showed his blood-alcohol content was 0.18 percent -- more than twice the state's legal limit of 0.08 percent, police said.

Sweeney also had glassy eyes and impaired speech and motor coordination, police said.

The ex-lawmaker faces misdemeanor charges of driving while intoxicated and aggravated DWI.

The latter charge was brought because Sweeney -- a one-time STOP-DWI coordinator for Rensselaer County -- was driving at twice the legal limit.

If convicted, it carries a maximum penalty of a year in jail.

After telling the troopers he drank four glasses of wine, Sweeney asked them, "Why are you asking me these questions?"

Court records indicate the former lawmaker wavered on whether to submit to a sobriety test, but shortly after 2 a.m., he had told police:

"I will take the test."

"My lawyer said I should."

Sweeney's attorney, E. Stewart Jones said Tuesday that Sweeney never refused to take an alcohol breath test, but declined to address specifics until the case is resolved.

When Sweeney was informed that he failed the alcohol breath test and would be charged with aggravated DWI, Sweeney replied, "I am aware of what the charge is," records said.

[Livyjr]

And of course, when you begin to look at this matter in the context of Section 6 of Article I of the New York State Constitution above, it begins to take on a whole new "simplicity", or character, as it were ....

Because from the standpoint of corrupt politicians here in the State of New York, this provision of OUR BILL OF RIGHTS up here in the State of New York represents a "death blow" to them ...

And their sources of "income" .....

Which is really what they are fighting so hard to protect ...

There is a vested interest among the politicians here in the State of New York to have Section 6 of Article I of the New York State Constitution REMAIN INOPERATIVE ......

And so it is ....

Or maybe "HELD HOSTAGE" by them would be a more appropriate expression of "political reality" up here where we are ....

Which is in close proximity to the capital city of Albany, New York ....

Where the life of an ordinary citizen of the state is not worth two cents ....

As New York State Attorney General and GUBERNATORIAL HOPEFUL Eliot "Big EL" Spitzer has just proved to all the candid world who are watching this GUBERNATORIAL CONTEST up here in the State of New York shake out .....

And so .....

Which brings us back around, then, to this October 9, 1990 letter from then-Assistant Rensselaer County District Attorney Richard J. McNally, Jr. to Town of North Greenbush Judge Raymond J. Elliott, III, which was put in evidence before the federal Second Circuit Court of Appeals in New York City by the "silver-tongued" Tommy O'Connor on behalf of REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants in this matter ....

And here it must be noted that "Judge" Raymond J. Elliott's "day job", when not serving as a "judge" in Rensselaer County, was being a lawyer representing land developers in Rensselaer County .....

Which "occupation" put the lawyer Raymond J. Elliott, III at odds with the PLAINTIFF in this matter when the PLAINTIFF was serving as Rensselaer County Associate Public Health Engineer between 1986 and October of 1988 ....

When REPUBLICAN Rensselaer County Executive John L. Buono, acting on the advice of REPUBLICAN Rensselaer County Attorney Robert A. "Big Bob" Smith, had the PLAINTIFF locked out of his office in the Rensselaer County Office Building so that Buono could systematically destroy the contents of PLAINTIFF's office, in the vain hopes of destroying ALL of the evidence of WILFUL MISCONDUCT IN OFFICE of various public officers in Rensselaer County ......

In the October 9, 1990 letter to Judge Elliott, the land developer's lawyer, Assistant Rensselaer County District Attorney McNally was in fact arguing against the first part of Section 6 of Article I of the New York State Constitution, the part that says in clear and unambiguous CONSTITUTIONAL LANGUAGE that "NO person shall be subject to be twice put in jeopardy for the same offense" .......

So that he could in fact "DEFEAT" the rest of that section of OUR Constitution up here, that part which discusses what happens to hinky public officers up here IF they get called before a GRAND JURY to answer as to their conduct while in office ....

To prevent the PLAINTIFF in this matter from getting before a GRAND JURY as an expert witness, which he was by virtue of his position as a certified associate level public health engineer in the State of New York, the Office of the Rensselaer County District Attorney was itself PROSECUTING the PLAINTIFF on a number of false criminal charges stemming out of a failed attempt by Town of Poestenkill "political enforcer" Gary James "Jimmy Dawg" Horton to run down the PLAINTIFF on Liberty Lane in the Town of Poestenkill on December 29, 1989 .....

And because the PLAINTIFF did in fact "know" the "law", to include the Criminal Procedure Law in the State of New York, as well as the Rules of Evidence, the PLAINTIFF was filing lengthy motions wherein the PLAINTIFF was painstakingly taking back apart, piece by piece, thread by thread, all of the best efforts of the New York State Police and the Office of the Rensselaer County District Attorney to "frame" PLAINTIFF, and to get him convicted based on fabricated events and perjured testimony ....

Which is what this "DOUBLE-JEOPARDY MOTION" by McNally above is all about .....

And so .....

"McNally's lead shrinks in DA's race"

By BOB GARDINIER, Staff writer, Albany, New York Times Union

Last updated: 4:07 p.m., Wednesday, November 14, 2007

TROY - After a morning of counting absentee ballots in the Rensselaer County district attorney's race, Democrat Richard McNally's lead over Republican Greg Cholakis is down to 121 votes.

Election workers have split into two groups to try to get through the work by week's end, and continued today to open absentee ballots for the rest of the county's towns.

They have yet to begin counting ballots for the city of Troy, which may make up about one-third of the total of absentee ballots, officials said.

At the end of the day Tuesday, McNally still led by 193 votes, 18,694 to 18,501.

As workers took their lunch break just after 1 p.m. today, Republican Election Commissioner Larry Bugbee said McNally's lead decreased to 121 votes.

Actual totals for each candidate would not be available until the end of the day when the two groups sit down and tally the numbers.

The canvass of the machine tallies completed late last week showed Democrat Richard McNally ahead of Republican Greg Cholakis by 201 votes, 18,595 to 18,394.

There are a total of 1,736 absentee, 324 affidavit, and 28 emergency ballots to count in the race.

[Livyjr]

To all:

I wanted to thank so many people that supported me and my family throughout this long endeavor, especially those that gave up their nights and weekends to campaign with me.

I will never forget your friendship, sacrifices and dedication, but more than anything else, I appreciate the class with which you distinguished yourselves from start to finish.

This makes me more proud than I could ever adequately articulate.

Throughout this campaign, I believed this would be a close election, and this obviously proved to be the case.

I have heard from so many people who were greatly disappointed, both for me and for themselves, with the outcome.

While I am obviously disappointed with today’s conclusion, I end this campaign with no regrets.

I do not regret working hard for an opportunity I have long sought; on the contrary, I would have regretted not trying.

And I do not regret fighting for what I believe in, I do not regret attempting to serve my community on another level, and I certainly do not regret keeping my campaign honest, civil and dignified.

While some have said this is naive thinking for Rensselaer County politics, I still believe that a campaign centered around issues and ideas can be something more than a mere aberration.

More importantly, when all is said and done, I have to wake up in the morning and look myself in the face.

I am proud of how hard I worked, the reasons I ran, and the way I conducted myself.

In short, I end this campaign with my self-respect and integrity intact.

I entered this race not because of my personal ambitions but because of my passion for justice and an overwhelming desire to see this county’s system of justice work better than it has.

Because of this, I have called Rich to congratulate him in his victory, and want him and everyone else to know that it is my sincere hope that he is able to succeed in bringing much needed changes to our justice system, and in the way the District Attorney’s office works.

Many people have asked me what I intend to do now.

My answer is simple: I am going to hold my head high, I am going to continue to fight to improve our system of justice, and I am going to continue to expend my professional time and personal energy trying to better a community that I love.

And I am going to do for Rich what I did for the administrations of the last three District Attorneys: work with them where I can, fight them when I must, and do everything in my power to keep them fair, honest and just.

Thank you again for this incredible opportunity.

Greg Cholakis
www.CholakisForDA.com

[Livyjr]

I am finding that people up here in New York State are indeed in favor of a CONSTITUTIONAL AMENDMENT to OUR New York State CONSTITUTION .....

WE WOULD AMEND THE NEW YORK STATE CONSTITUTION TO MAKE IT MANDATORY .....

THAT LAWYERS ....

WHO PRESENT FALSE EVIDENCE IN COURT .....

OR FALSE TESTIMONY .....

AS DID DEPUTY RENSSELAER COUNTY DISTRICT ATTORNEY RICHARD MCNALLY IN THIS MATTER UNDER DISCUSSION IN HERE .....

WOULD DO MANDATORY JAIL TIME .....

THREE DAYS AT THE START WOULD DO ....

WITH AN ESCALATING PENALTY FROM THERE FOR REPEAT OFFENSES .....

And so ....

"McNally winner in DA contest - Rensselaer County Democrat leads Cholakis by 227 votes, remaining ballots unlikely to change result, officials say"

By KENNETH C. CROWE II, Staff writer, Albany, New York Times Union

First published: Friday, November 16, 2007

TROY -- Democrat Richard McNally will be the next Rensselaer County district attorney, according to unofficial results from the county Board of Elections Thursday.

McNally took a 227-vote lead over Republican Greg Cholakis giving him a 19,444 to 19,217 edge in the tightly fought race, the elections commissioners said.

McNally, who attended the recount for the past three days, broke his silence on the election's outcome.

He was smiling broadly as fellow Democrats congratulated him.

"Obviously, we both ran a spirited campaign."

"Everybody's telling me I'm the next district attorney," said McNally, who also ran on the Working Families line.

While 282 ballots that were challenged by both campaigns will be opened and counted today, Republican Elections Commissioner Larry Bugbee and Democratic Elections Commissioner Ed McDonough said it is nearly impossible for Cholakis to catch up and win.

Cholakis would have to win 90 percent of the objected-to votes, or 255 of the 282 ballots.

Bugbee and McDonough said they anticipated the votes would split evenly between the candidates.

McNally saluted Cholakis for his efforts to win the campaign.

"Congratulations to Greg, he's a true human being."

"He's a real class act," McNally said about his opponent, who also had the Conservative and Independence lines.

Cholakis said he anticipated a close race.

"I said it was going to be close."

"Win or lose, I'm proud of the way we conducted our campaign."

"We stayed positive and stayed on the issues," Cholakis said.

McNally said he was not ready to comment on his staff plans for the district attorney's office.

McNally will succeed Republican District Attorney Patricia DeAngelis, whose tenure as the county's top prosecutor has been marked by reversals on cases and chastisement by higher courts for courtroom antics and prosecutorial errors.

McNally will be the first Democrat in 15 years to be district attorney.

He is the first Democrat elected to the post since 1989 when now retired Supreme Court Justice James Canfield won election.

[Livyjr]

And yes, this does indeed look like a case of pure mental illness arising here .....

But whose?

DATE: October 11, 1988

TO: John Buono, Rensselaer County Executive

FROM: Associate Public Health Engineer, Rensselaer County Health District

SUBJECT: Integrity of Environmental Health Programs

As the Director of the Environmental Health Division, it is my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds.

I have reached a juncture where such certification by myself is no longer feasible.

My certification of our operations is as a licensed professional.

My conduct is governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals.

Section 29.1(b)(6) defines unprofessional conduct as "willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so."

I can no longer vouch for the integrity of our programs and will not place my professional standing in jeopardy.

It is my professional opinion stated in writing to yourself that the programs I am responsible for have been very seriously undermined and compromised.

As my internal investigation proceeds, the probability of actions for damages against the Department increases, due to errors of omission and commission of former engineers and the Public Health Director.

As the Public Health Law requires me to conduct investigations into incidents involving public health nuisance or hazard, I find myself in the course of such investigation returning to our own files with consistent violation of code on the part of County staff.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG"

AND HERE WE NOW ARE …

ON THE OTHER END OF A MASSIVE SCAM INVOLVING FRAUDULENT CERTIFICATIONS OF LAND …

THAT HAS BEEN GOING ON HERE IN NYS SINCE ABOUT 1979 …

A SCAM THAT WAS EXPOSED BRIEFLY BY AN ENGINEER IN RENSSELAER COUNTY IN 1988 …

AND WAS PROMPTLY COVERED BACK OVER AGAIN BY THE STATE OF NEW YORK, THE OFFICE OF THE U.S. ATTORNEY FOR THE NORTHERN DISTRICT OF N.Y., AND THE DISTRICT ATTORNEY OF RENSSELAER COUNTY IN UPSTATE N.Y. …

“Economist: $2 trillion lending crunch may be ahead”

Friday November 16, 10:21 am ET

By Grace Wong, CNNMoney.com staff writer

The mortgage wipeout could result in a $2 trillion cutback in lending and have dramatic implications for the U.S. economy, according to Wall Street investment bank Goldman Sachs.

The housing slump is expected to end up costing banks, hedge funds and other lenders an estimated $400 billion as defaults on home loans rise, according to Goldman economist Jan Hatzius.

A bank that aims to maintain a capital ratio of 10 percent would need to shrink its balance sheet by $10 for every $1 in credit losses, the note said.

That means that if lenders end up suffering just half of the $400 billion in potential credit losses, they could be forced to reduce the amount they loan by $2 trillion.

Such a drastic credit crunch could have dire consequences for the economy.

Wall Street banks and brokerages face pain on two fronts.

They hold home loans, as well as securities backed by mortgages.

Losses on these holdings are expected to deepen as falling housing prices trigger more defaults.

Posted by John Galt on November 18, 2007 6:20 PM

http://www.nydailynews.com/blogs/dailypoli...the-day-24.html

[Livyjr]

"Giuliani would pick conservative judges"

By JIM KUHNHENN, Associated Press Writer

Sat Nov 17, 5:24 AM ET

WASHINGTON - Rudy Giuliani assured a conservative legal group Friday that if elected president he would appoint federal judges who adhere to their principles.

He also praised a judge who declared the capital city's gun ban unconstitutional and ridiculed efforts to eliminate the words "under God" from the Pledge of Allegiance.

In a speech marking the 25th anniversary of the Federalist Society, Giuliani spelled out a conservative legal agenda in which he cited Supreme Court Justices Antonin Scalia, Clarence Thomas and Samuel Alito and Chief Justice John Roberts as models for the judges he would appoint to the federal bench.

He contended that Democrats Hillary Rodham Clinton, Barack Obama or John Edwards, as president, would select judges who were "activists and try to legislate social policy."

"We're seeking to find judges who understand the very, very important concept that judges exist to interpret the law, not to invent the law," he said.

Giuliani has been held suspect by some conservatives because as mayor of New York he backed some gun control laws and has supported a woman's right to abortion.

He has sought to alleviate those concerns, aligning himself with legal conservatives such as former Solicitor General Theodore Olson, who introduced him at Friday's gathering.

Giuliani was the only presidential candidate to speak to the group, a testament to his close ties to Olson and other prominent members of the organization.

Several of them are advising his campaign and have served as a bulwark for Giuliani against criticism from social conservatives.

He also said that as president he would demand that the Senate change its rules for confirming federal judges, decrying the filibusters that blocked some of President Bush's appointees and the atmosphere at nominating hearings dating back to the failed nomination of Robert Bork.

He argued that nominees should be judged on their qualifications, honesty and integrity, not their judicial philosophy.

He said such a standard should apply whether the president is a Republican, nominating conservative judges, or a Democrat nominating liberal judges.

Giuliani did not mention his Republican rivals, but did make a joke at Clinton's expense.

He suggested she be inducted into the Federalist Society because in addressing a question about driver's licenses for illegal immigrants, Clinton at one point indicated that it was a decision best left to the states.

"This is the only time in her career that she has decided anything should be decided on a state-by-state basis," he said to an audience that strongly advocates states' rights.

"And you know something, she picked out absolutely the wrong one."

Giuliani portrayed the United States in Reaganesque terms — an optimistic vision of a country with a preordained mission.

"There are some people I think nowadays that doubt that America has a special, even a divinely inspired role in the world," he said.

"Now I don't understand how you can look at history and not see the wisdom of that and the reality of it."

He said that from its beginnings, the United States fought tyranny and oppression and would do so again.

"It was this nation that saved the world from the two great tyrannies of the 20th century, Nazism and Communism," he said.

"It's this country that's going to save civilization from Islamic terrorism."

While Giuliani was the only candidate to speak at the Federalist meeting, Fred Thompson's supporters distributed fliers advertising an afternoon reception sponsored by "Lawyers for Fred" at a Washington law office.

Two of the founders of the Federalist Society, Spencer Abraham and David McIntosh, are Thompson supporters.

[Livyjr]

"'Ridicule and shame' - Grand jury report faults Schenectady Police Department for inadequate oversight of officers"

By LAUREN STANFORTH, Staff writer, Albany, New York Times Union

First published: Tuesday, November 20, 2007

SCHENECTADY -- City police have brought shame to themselves by allowing vice squad members to work almost completely unfettered, allowing cases and evidence to go missing, and criminal behavior that has seen the arrests of seven officers in the last five years, according to a damning grand jury report released Monday.

The 31-page report was a follow-up to the September sentencing of former Schenectady vice squad officer Jeffrey Curtis, who was found to have stolen and used crack cocaine evidence to feed his addiction.

While the report reveals incendiary details about how Curtis obtained the drugs and eluded discovery, it also focuses on the Schenectady Police Department's culture of shrugging off supervision has encouraged internal corruption for years.

"Lack of supervision and oversight over generations of police leadership has fostered an environment where a disproportionate number of police officers have engaged in criminal behaviors, seemingly without regard to consequences," the report states.

"This has repeatedly subjected the Police Department to ridicule and shame and resulted in the erosion of public confidence in the organization, which undermines the morale of hard-working officers who care about their jobs and their community," the report adds.

Schenectady County District Attorney Robert M. Carney convened the grand jury in mid-September to look specifically at how the internal workings of the department allowed Curtis -- recently sentenced to four years in prison -- to steal crack cocaine from crime scenes, confidential informants and internal police department evidence storage.

A large portion of the grand jury's investigation used information gleaned from a State Police investigation report, which was never released to the public.

The grand jury report paints a picture of some vice squad officers who didn't document cases because the leads went dead; whose hours on the job were never tracked; and who allowed piled-up drug evidence to spill out of storage boxes -- often in violation of department policies.

As part of the State Police investigation, an audit team reviewed vice and intelligence unit cases from September 2004 to January 2007.

It was in January that 85 pieces of crack cocaine went missing, resulting in the dismissal of an indictment against alleged drug dealer Anthony Best.

The development also led to the internal Police Department investigation that nabbed Curtis.

While the grand jury report looked in depth at that particular time period, it also stressed that flouting of procedure and lack of supervision is a tradition in the Schenectady Police Department.

Schenectady Public Safety Commissioner Wayne Bennett, who was hired in May to oversee the department in the wake of the scandal, said the city gave up managerial control of police operations over the years as a concession during union contract negotiations.

"When you're not capable of providing financial incentive to your employees, you give away management rights, I think part of it was that," said Bennett at Monday's news conference on the grand jury report.

The report cites numerous instances in which oversight was almost nonexistent.

For example, there was little supervision over vice squad detectives' individual cases, and if leads were unproductive, documents weren't always filed in the case.

The State Police audit team determined that about 80 case files were missing.

Also, police officers only had to acknowledge they worked a full day by putting an 'X' on their time sheets.

Officials said this system allowed Curtis to abuse it.

A State Police tail of him for two weeks revealed Curtis worked only between 4 and 6 p.m. most days, while putting the 'X' on his time card that he worked a full day, according to the grand jury report.

The mismanagement of crime evidence also made drugs easy for the taking.

A drop box for evidence was often overflowing, forcing department officials to leave unsecured drugs on a nearby table.

Curtis also said he could just reach into the door of the box and take whatever drugs were sitting on top.

Evidence audits were required, but never done.

Bennett, Carney and Mayor Brian U. Stratton's said the Police Benevolent Association has gotten too powerful in its role over the department.

But PBA President Lt. Robert Hamilton said if the grand jury's report faults supervision, then blame for the problems should fall on the mayor, who oversees management appointments such as sergeants and lieutenants.

"We recognize all the problems, but the mayor and chief of police chose to ignore it," Hamilton said, noting that the issue also goes back to prior administrations before Stratton.

Bennett said 65 percent of changes recommended in the report have been put into effect, such as requiring a new formal system of tracking work hours.

All crime evidence has been moved to a more secure location.

Bennett will deliver a report to the mayor in about two months that addresses all of the grand jury's recommendations, which also include details about how drug tests should be conducted and the documentation of how confidential informants are used.

Meanwhile, the city is looking for a new chief, as former Schenectady Police Chief Michael Geraci left last week to take a position with the federal government.

Stanforth can be reached at 454-5697 or by e-mail at lstanforth@timesunion.com.

A double life

The grand jury report shed some new light on how former Schenectady police officer Jeffrey Curtis obtained drugs and hid his habit.

Curtis had informants buy him drugs, making them believe they were buying it as part of an undercover police operation.

He skimmed some drugs found at crime scenes and returned the rest for evidence.

He would also immediately request leave time after he was informed he had to report for a drug test the following day.

The grand jury report also contains the following revelations about the Schenectady Police Department:

Generally, no photographs were taken of evidence at scenes to prove their contents or existence.

Drug evidence was routinely stored in the vice squad area, as opposed to a separately locked property room in the basement.

Audits of evidence were rarely conducted.

[Livyjr]

THE NEW YORK POST

"$75M SUIT VS. SPITZER HAS 'TEETH'"

By ALEX GINSBERG

November 19, 2007 -- A Park Slope dentist has filed a $75 million lawsuit, claiming Eliot Spitzer used the Attorney General's Office to trump up politically convenient charges of Medicaid fraud against him in 2006.

The lawsuit, filed last week in Brooklyn federal court, charges that Spitzer, who in 2006 was the attorney general and the Democratic front-runner in the primary battle for governor, was getting slammed as being soft on Medicaid fraud - and found a convenient fall guy.

"I had it all, and overnight I lost it all for no good reason, other than for the governor to have a nice headline," said the dentist, Leonard Morse.

"If that's what they'll do to a professional, imagine what they could do to the everyday citizen."

Morse, 60, said he'd never been sued by a patient or cited by state authorities in the 30 years he practiced in Brooklyn.

In 2002, when the Attorney General's Office demanded records, he expected another routine audit.

He'd already had four such audits, with no findings of wrongdoing.

More than four years later, authorities told him he'd be charged with allegedly ripping off $1 million from the program.

It happened in April 2006, just as the New York Times was running a major series of stories on Medicaid fraud and Spitzer's primary opponent, Tom Suozzi, was slinging accusations that Spitzer was soft on the issue.

"We're alleging that he was falsely accused of committing a crime that he absolutely didn't commit and that these charges were filed for political reasons," said lawyer Jon Norinsberg.

The charges collapsed at trial after reams of records were ruled inadmissible.

In the end, prosecutors asked Justice John Walsh to consider charges that Morse stole just $3,000.

The judge found the dentist not guilty on that charge.

But today, Morse's patients are long gone - scared off, he says, by the barrage of press releases calling their dentist a thief.

Copies of those press releases, in a variety of languages, are still posted on the Web site of the current attorney general, Andrew Cuomo.

Both Spitzer and Cuomo declined comment.

"I think I want beyond money," said Morse.

"I want justice."

"I want my good name back."

"I want all those thousands of patients back who I treated for 30 years."

"I want all my friends and neighbors and relatives to see that I didn't do anything."

"I became a political pawn."

alex.ginsberg@nypost.com

http://www.nypost.com/seven/11192007/news/...eeth_492441.htm

[Livyjr]

"Ed Dague's court hearing adjourned"

By DENNIS YUSKO, Staff writer, Albany, New York Times Union

Last updated: 4:55 p.m., Tuesday, November 20, 2007

BALLSTON SPA - A court hearing for retired TV news anchor Ed Dague was adjourned today and will not take place until 2008.

Dague, charged with making a threatening phone call to a Saratoga County 911 dispatcher after his wife was given a traffic ticket, was due to be arraigned for second-degree aggravated harassment, a misdemeanor, at 6 p.m. tonight in Milton Town Court.

The case, however, was adjourned until January to give the longtime local media presence and his lawyer and son, Harris Dague, time to discuss their options, Saratoga County District Attorney James A. Murphy III said.

"We're in the process of turning over to the defense some of the proof we have," Murphy said.

"I suspect we will be able to come to some resolution in the new year."

Harris Dague said neither he nor his father had a comment.

Saratoga County Sheriff's Department officials say Ed Dague's arrest stems from an Oct. 28 incident in which his wife Donna was ticketed for allegedly driving on Route 9P in Saratoga while talking on her cell phone.

Police said that upon finding out about the ticket, the former WNYT Ch. 13 anchor allegedly called the Saratoga County 911 Center in a rage and threatened a dispatcher that he would "go to the scene with a firearm."

The Dagues live in Stillwater.

Ed Dague was arrested on Nov. 1.

He was released on an appearance ticket and faces up to a year in jail, a $1,000 fine or both.

Shortly after his arrest, Dague, who authors a blog on timesunion.com, told a reporter that he doesn't own a gun.

He also said to WNYT that he was suffering from chronic pain at the time the call was made.

Dague retired because of health problems in 2003.

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And speaking of Ed Dague …

It appears from the TU article “Ed Dague’s court hearing adjourned” by DENNIS YUSKO, Staff writer, Last updated 4:55 p.m., Tuesday, November 20, 2007, that there is some kind of deal getting set to go down with respect to Ed Dague’s November 1, 2007 arrest for second-degree aggravated harassment, a misdemeanor, for allegedly calling the Saratoga County 911 Center in a rage and threatening a dispatcher that he would “go to the scene with a firearm” in an October 28, 2007 incident in which his wife Donna was ticketed for allegedly driving on Route 9P in Saratoga while talking on her cell phone.

According to the article:

A court hearing for retired TV news anchor Ed Dague was adjourned today and will not take place until 2008.

Dague, charged with making a threatening phone call to a Saratoga County 911 dispatcher after his wife was given a traffic ticket, was due to be arraigned for second-degree aggravated harassment, a misdemeanor, at 6 p.m. tonight in Milton Town Court.

The case, however, was adjourned until January to give the longtime local media presence and his lawyer and son, Harris Dague, time to discuss their options, Saratoga County District Attorney James A. Murphy III said.

end quotes

According to an earlier TU story entitled “Media spotlight falls on Dague after arrest - News personality becomes the news after police say he threatened to use gun in 911 call” by MARC PARRY, Staff writer, first published Saturday, November 3, 2007:

During his anchoring days, reporters knew they had to be prepared when they did a live report from the field, because if they left out a salient fact Dague would ask about it.

They called that “getting Dagued.”

end quotes

I remember, however, one occasion in the spring of 1989 where a TV 13 news reporter over in Troy at the TRIAL OF THE CENTURY being held in the Rensselaer County Office Building, that being the SHOW TRIAL being conducted by Rensselaer County to justify firing Paul R. Plante, the county Associate Public Health Engineer, put it right back at Ed Dague and Chris Kapostacey about the SPLICE JOB concocted by Kapostacey on October 11, 1988 to set Plante up so that REPUBLICAN Rensselaer County Executive John L. Buono would then have a viable excuse to lock Plante out of the Rensselaer County Office Building, which act ocurred on the following day, October 12, 1988 …

During the subsequent SHOW TRIAL in early-1988, Rensselaer County was actually using a videotape of the Kapostacey SPLICE JOB from the October 11, 1988 TV 13 news broadcast as evidence against Plante to justify his firing …

Plante, who was defending himself in that SHOW TRAIL, thoroughly debunked the Kapostacey splice job at the trial while the Channel 13 news camera rolled in the presence of the reporter who was assigned by TV 13 to cover that SHOW TRIAL …

Then, on the 6 O’Clock News, that reporter then confronted Dague and Kapostacey on the air about fabricating a news story …

And all Dague could do, as I recall, was mumble, and nothing ever more was said about it after that …

The reporter left Channel 13 sometime after that …

I try to recall his name …

A tall man he was …

His name might have been Chris …

And so …

Posted by John Galt on November 20, 2007 7:18 PM

http://www.nydailynews.com/blogs/dailypoli...d-ends-134.html

[Livyjr]

And yes, this does indeed look like a case of pure mental illness arising here .....

But whose?

DATE: October 11, 1988

TO: John Buono, Rensselaer County Executive

FROM: Associate Public Health Engineer, Rensselaer County Health District

SUBJECT: Integrity of Environmental Health Programs

As the Director of the Environmental Health Division, it is my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds.

I have reached a juncture where such certification by myself is no longer feasible.

My certification of our operations is as a licensed professional.

My conduct is governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals.

Section 29.1(b)(6) defines unprofessional conduct as "willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so."

I can no longer vouch for the integrity of our programs and will not place my professional standing in jeopardy.

It is my professional opinion stated in writing to yourself that the programs I am responsible for have been very seriously undermined and compromised.

As my internal investigation proceeds, the probability of actions for damages against the Department increases, due to errors of omission and commission of former engineers and the Public Health Director.

As the Public Health Law requires me to conduct investigations into incidents involving public health nuisance or hazard, I find myself in the course of such investigation returning to our own files with consistent violation of code on the part of County staff.

And one of those state laws unique to New York State, the alleged corrupt EMPIRE STATE, is ARTICLE 460 of the New York State Penal Law, entitled ENTERPRISE CORRUPTION, which is itself part of TITLE X of the New York State Penal Law, entitled ORGANIZED CRIME CONTROL ACT, and the relevant part of that state law which pertains directly to this discussion as to how this March 31, 2005 Federal Court decision above has left us common citizens marooned in the STRAITS of DESPAIR, is as follows:

S 460.00 Legislative findings.

The legislature finds and determines as follows:

Organized crime in New York state involves highly sophisticated, complex and widespread forms of criminal activity.

The diversified illegal conduct engaged in by organized crime, rooted in the illegal use of force, fraud, and corruption, constitutes a major drain upon the state's economy, costs citizens and businesses of the state billions of dollars each year, and threatens the peace, security and general welfare of the people of the state.

Organized crime continues to expand its corrosive influence in the state through illegal enterprises engaged in such criminal endeavors as the theft and fencing of property, the importation and distribution of narcotics and other dangerous drugs, arson for profit, hijacking, labor racketeering, loansharking, extortion and bribery, the illegal disposal of hazardous wastes, syndicated gambling, trafficking in stolen securities, insurance and investment frauds, and other forms of economic and social exploitation.

The money and power derived by organized crime through its illegal enterprises and endeavors is increasingly being used to infiltrate and corrupt businesses, unions and other legitimate enterprises and to corrupt our democratic processes.

"RENSSELAER COUNTY HOUSING DEALS PROBED"

By Tim O'Brien, Staff Writer, Albany, New York Times Union

18 March 1989

TROY - A state Health Department report has sparked two separate investigations into whether Rensselaer County officials and developers allowed houses to be built without proper environmental approval.

A state Health Department report made public Friday charges that the county Health Department failed to follow state and local regulations on approving housing subdivisions.

As a result, the report concludes, developers sold improperly approved building lots.

The state has ordered the county to correct the problems or face the loss of state aid.

A follow-up review is to be done by the state Health Department in November.

The state probe was requested by County Executive John L. Buono after allegations of improprieties were made by Environmental Health Director Paul R. Plante.

The county is in the midst of a disciplinary hearing on Plante, who is accused of insubordination and other charges.

District Attorney James B. Canfield said Friday that his office is investigating the alleged misuse of a county certification seal to enable a developer to sell lots that had not been approved by the county.

The maps for Algonquin Estates in Poestenkill, which is being developed by Barson's Construction Co., Inc., may have been altered to enable the developer to sell unapproved lots, according to the state report.

Canfield said Assistant District Attorney Richard McNally is conducting the investigation but he did not know when it would end.

The state Education Department also is reviewing the situation to see if Christian P. Mpmrow, a licensed surveyor and Percy B. Cotton, professional engineer, both of who signed the subdivision maps, should be disciplined.

Momrow, Cotton and Robert Baron, owner of Barson's Constriction Co., Inc. could not be reached for comment and did not return phone calls to The Times Union.

The state report also urges the county to cite the developers of two other subdivisions for selling house sites without proper approval.

They are the Holser subdivision in Poestenkill and Winfield Estates in Brunswick.

A portion of the Holser development was approved by county Health Director Kenneth Van Praag, who was not legally authorized to do so because he is not a certified engineer, the state report said.

State Sen. Joseph Bruno, an investor in the Winfield subdivision, disagreed Friday with the assertion that lots were sold improperly.

"They have yet to close on the first piece of property," he said, adding that he believed that the developers had followed all county and state regulations.

The state report blames a number of individuals for the improper practices, including the county engineers, the county executive and Board of Health, as well as the state Health Department, for failing to properly oversee the department.

But the person credited as being "perhaps most directly" reponsible is Van Praag, who has been health director since 1977.

"Clearly, there has been a failure (by Van Praag) to provide administrative supervision," the report said.

The Holser development is one of at least six subdivisions Van Praag approved although he is not a licensed engineer as required by law, said William Stasiuk, director of the state Center for Environmental Health and the report's author.

"I agree that probably was an error of commission on Ken's part," Buono said.

He contended that the mistake was made between 1982 and 1986, when the county was without an environmental health director.

Stasiuk said, however, that at least three subdivisions have been approved by Van Praag, since Plante, a licensed engineer, was hired in 1986.

In addition to Holser, Van Praag also approved Stoney Creek Estates and Pheasant Run, both in Schodack, he said.

The report also questions Van Praag's dual role as Sand Lake Planning Board Chairman and health director.

Van Praag resigned the town post March 1.

Buono declined to say whether disciplinary action would be taken against Van Praag.

"I'll have a point-by-point reaction to the report sometime in the middle of next week."

Stasiuk said the five-member investigative team did not examine whether any laws were broken by Van Praag or other county employees.

"We didn't uncover anything, but that is not the focus."

"We are not a criminal investigative agency," he said.

The report has been forwarded to the state attorney general's office and the state Education Department for study.

[Livyjr]

"Ruling narrows confinement law - Federal judge says state cannot keep sexual predators jailed while determining future risk level"

By RICK KARLIN, Capitol bureau, Albany, New York Times Union

First published: Thursday, November 22, 2007

ALBANY -- A federal judge struck down parts of state's new civil confinement law for sexual predators, sparking questions about the way it was crafted and raising the possibility that lawmakers may have to revisit the issue when they return next month.

In a key part of the ruling, U.S. Southern District Court Judge Gerard Lynch said the state can't keep sex offenders jailed while awaiting a trial to determine whether they need to be supervised more closely.

Lynch also ruled on the standards of proof needed to keep people confined if they were originally sent to psychiatric hospitals without a criminal trial due to their mental illnesses.

It wasn't immediately clear if the rulings, signed last week by Lynch, would hamper enforcement of the law, under which convicted sexual predators can be locked up in psychiatric hospitals after they complete their prison terms.

If authorities deem parolees to be a danger, they can call for a trial to see if they should be confined or subject to ongoing intensive supervision.

The case centered on Shawn Short, 33, who served time in prison for rape and sodomy.

He had been out on parole in the Binghamton area for more than two years when authorities had him locked up in a local jail.

State parole officials wanted to determine if he should continue to be supervised under the new civil confinement law.

Lawyers for Mental Hygiene Legal Services, which represented Short, contended that was wrong and Gerard agreed, writing that it was "potentially catastrophic" to lock up a person pending a trial on whether they need further supervision.

"There is no convincing reason that an individual should be detained for a substantial period of time pending a trial to determine whether a person does or does not need outpatient treatment," concluded Gerard.

"I don't know if the Legislature envisioned this."

"He was in the community," said Sheila Shea, director of Mental Hygiene Legal Services, a state funded agency that represents those in psychiatric hospitals and developmental centers.

Short remained in jail on Wednesday, and Shea said her organization would meet with the judge within the next few days to see about getting him released.

While she declined to specify where he lives or where he was being detained, she noted that he has been working at a dairy farm and at a factory and was a Level I offender, considered the least dangerous.

Gerard also found that authorities would have to find "beyond a reasonable doubt" that a person held in a psychiatric hospital without trial required supervision or further commitment.

The law required meeting a lesser standard of "clear and convincing" evidence in such cases.

Assembly Republican Minority Leader James Tedisco of Schenectady said he fears Gerard's decision could damage the civil confinement law, which Republicans had long pushed for and was gotten passed under Democratic Gov. Eliot Spitzer earlier this year.

"Achieving civil confinement in New York took 13 years of hard work," Tedisco said.

"If this decision waters down New York's civil confinement law, it has the potential to be an incredibly harmful ruling."

Shea, however, said her group wasn't trying to overturn civil confinement, which has been upheld by the U.S. Supreme Court, but was only challenging a narrow part of the statute.

Tedisco's chief counsel, Mike Cuevas, explained that Assembly Republicans wanted to use language that would specify "sexually violent predators" as those who could be locked up pending a civil confinement trial.

But that wasn't included in the final law.

As to those who had been committed without trial, which is a potentially smaller class of people, Cuevas said the Assembly GOP initially proposed using the "reasonable doubt" standard, but lawyers in the governor's office apparently concluded that since these were "civil" rather than criminal confinements, the lower standard of "clear and convincing evidence" was warranted.

"It slipped through," said Cuevas.

Spitzer's office referred calls to the office of Attorney General Andrew Cuomo, who defended the case before Gerard.

Cuomo spokesman John Milgrim said they were reviewing the decision and possible options to deal with it.

Rick Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com.