Albany County DA still looking at travel case

By The Associated Press

Wednesday, August 22, 2007 10:26 AM EDT

ALBANY - A prosecutor denied a report published Tuesday that he has concluded there was no criminal wrongdoing by aides to Gov. Eliot Spitzer who used state police to track Senate Majority Leader Joseph Bruno's travels.
“To date, our assessment of these materials is not complete, and no findings have been made,” Albany County District Attorney P. David Soares said. “To draw any conclusions before reviewing all evidence would directly contradict the principles of our process.”

In Tuesday's editions, the Times Union of Albany cited “a person familiar with the investigation” in reporting that Soares “has found no criminality” in his review of the scandal.

Soares also denied that he will criticize Attorney General Andrew Cuomo for conducting a poor initial investigation of the case. “A recent press story that my office planned to negatively critique the Attorney General's report is wholly untrue,” Soares said in a prepared statement.

A call to the Times Union was not immediately returned.

Cuomo's July 23 report found no illegal conduct, but concluded two Spitzer aides gathered detailed information on Bruno from state police “under the pretext” of responding to a media Freedom of Information Law request. Bruno used state aircraft and police escorts for trips to New York City, where he says he did state business and also attended political events.

State Inspector General Kristine Hamann, a Spitzer appointee, also investigated and reached a similar conclusion without issuing a report. Spokesman Steven DelGiacco said it would have been “redundant” and they also concluded “that two officials of the governor's office had engaged in serious misconduct.”

Spitzer suspended longtime communications director Darren Dopp for 30 days without pay and reassigned public safety deputy William Howard to a state post outside the governor's office at a reduced salary.

The state Ethics Commission has also been investigating. On Aug. 13, it tightened state travel rules, saying officials now will have to strictly account for their time on state aircraft and reimburse the state for any portion of a trip that isn't for a “bona fide” public purpose.

Dopp spent more than three hours last week “freely and fully” answering all the questions asked by Soares' assistant district attorneys, defense lawyer Terence Kindlon said Tuesday.

“He's done absolutely nothing wrong in connection with this whole fiasco,” Kindlon said.

Kindlon said he has not heard from Soares' office about its conclusions.

Meanwhile, the Senate Investigations Committee held a hearing where Republican senators criticized the Inspector General's Office, saying it didn't adequately investigate the so-called “Travelgate” case and has a seeming conflict of interest since it answers to the governor's office.

Committee Chairman Sen. George Winner, an Elmira Republican, asked Inspector General Kristine Hamann to turn over to Cuomo her ongoing investigation of a former Spitzer aide - Steven Mitnick - accused of harassing a member of the State Public Service commission in an effort to make her resign.

Hamann refused. In a letter Monday, she said state law establishes the inspector general as the state's investigative arm when allegations are made against people in the executive branch. She said she agreed to let Cuomo take the investigative lead in the travel case in part because questions arose about the possible involvement of Richard Baum, secretary to the governor, because Hamann reports to Baum.

She expects Soares' investigation to fully resolve any remaining issues in that case.

Winner has introduced legislation to transfer the case and scheduled another hearing for Sept. 5.

AP-ES-08-21-07 1228EDT

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