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ALBANY---Gov. George Pataki has signed an order giving subpoena powers to the former federal prosecutor who is acting at the Governor's special counsel in "Chauffergate", an investigation into state comptroller Alan Hevesi's use of a state employee to act as a driver for his ill wife.
The order also designates former U.S. Attorney David Kelley as the prosecutor to present any case for Hevesi's removal to the state Senate.
Hevesi was reelected for another four year term on Nov. 7 but his days in office may be numbered.
Kelly had released a 24-page report on the matter five days prior to election, saying that in his view, after reviewing the evidence amassed by the state Ethics Commission that Hevesi had knowingly and intentionally violated the law and the evidence was legally sufficient to justify recommendation for Hevesi's removal from office.
However, Kelley said that he didn't feel he was in a position to advise the Governor to proceed with such a recommendation, saying he believed it was "premature" because it wasn't clear what burden of proof the Senate would use in a trial.
Kelley wrote that "without knowing the procedures the Senate will employ to hear the evidence and until I have the opportunity to personally assess the witnesses and evidence rather rely solely on the commission report, I don't feel I am in a position to advise you to proceed with recommendation to the Senate for the comptroller's removal".
While serving as comptroller of the City of New York, Hevesi had similarly used a city employee to serve as a driver for his wife but he later reimbursed the city for expenses incurred in the use of the employee after media began to report on the arrangement.
He had initially repaid $82,688 to the state based on an estimate of state employee Nick Acquafredda for the percentage of time that he had spent with Mrs. Hevesi. Kelley said that the estimate was "wholly unsupported by documentary evidence".
Hevesi repaid the state another $90,000 several days before the election after the Ethics Commission said more was due.
Hevesi has maintained that the services were warranted in order to provide security for his wife. But the Ethics Commission said that the New York State Police had conducted a threat assessment whether Mrs. Hevesi warranted a driver for security and had concluded that there was a "low threat risk" based on the absence of threats to her and her relatively low public profile.
Kelley said that he felt Hevesi's alleged violations of state law were civil in nature rather than criminal.
The Albany County district attorney's office is conducting a criminal investigation of the Hevesi matter.
Hevesi has refused to resign and it's unlikely the state Assembly would vote to impeach him as fellow Democrat and Assembly Speaker Sheldon Silver has supported Hevesi.
If the state Senate conducts a trial, a two-thirds vote would be required to oust him.
Hevesi issued a statement Monday saying that "Honest concern for my wife caused me to make a mistake for which I have apologized. Millions of New Yorkers weighed the facts and my record of service and decided to select me by an overwhelming percentage to another four-year term as comptroller". 11-21-06
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© 2006 North
Country Gazette
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