Senator wants probe of aide

By The Associated Press

Friday, August 17, 2007 11:39 PM EDT

ALBANY - The chairman of the Senate Committee on Investigations has asked state Inspector General Kristine Hamann to refer her probe of the governor's former top energy adviser to the attorney general's office.
In a letter Thursday, Sen. George Winner, an Elmira Republican, cites doubts about how conflicts of interest are handled by Hamann's office in light of its previous investigation of three other aides to Gov. Eliot Spitzer. She is a Spitzer appointee.

Michael Boxer, the first deputy inspector general, said Friday the office had seen Winner's letter and would respond to the senator “shortly.” He did not say if the inspector general would transfer its investigation to the attorney general.

Now Winner wants Attorney General Andrew Cuomo to take over the investigation into whether Steven Mitnick, who resigned from the Spitzer administration last week, threatened and intimidated Public Service Commissioner Cheryl Buley as she has claimed.

The Senate Committee on Investigations and Government Operations held a meeting last week on reform measures. There the inspector general's staff was criticized by Republican senators for their handling of the investigation into whether other Spitzer aides - including top adviser Richard Baum - misused State Police to gather politically damaging information on Senate Republican Majority Leader Joe Bruno.

A report from Cuomo's office released July 23 concluded that Spitzer's longtime top media spokesman, Darren Dopp, and public security chief William Howard, conspired to release politically damaging information about Bruno's use of state aircraft on trips that included political fundraisers. They were not accused of violating the law, but the report found policies designed to protect public officials' safety were broken for political gain.

Hours later, the Inspector General's Office said it concurred with Cuomo's findings but also found no violation of laws. Hamann didn't release a report or any findings other than a brief press statement.

At last week's committee hearing, Hamman's counsel Nelson Sheingold said their investigation was “professional, objective and fair-minded,” but couldn't progress further because it would be seen as an appearance of a conflict of interest. The inspector general reports to Baum.

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