Governor's aide queries Ward, Mohr about Pigeon

McClatchy-Tribune Information Services -- Unrestricted - December 2, 2009

Gov. David A. Paterson's chief legal adviser interviewed Erie County's Democratic and Republican elections commissioners Monday as part of a continuing investigation into accusations that two successive district attorneys gave a political pass to campaign operative G. Steven Pigeon over alleged election law violations.

Peter J. Kiernan, counsel to the governor, discussed the case at the Capitol in Albany with Democratic Elections Commissioner Dennis E. Ward and his Republican counterpart, Ralph M. Mohr, according to Ward.

Neither drew any conclusions from the conversation, but Ward said they believe that Paterson's office is proceeding with its intention to probe the accusations by former Assistant District Attorney Mark A. Sacha.

"He has apparently gotten information from many sources," Ward said of Kiernan. "We basically gave him a history of what happened in Erie County."

Both Ward and Mohr, on a bipartisan basis, have been critical of Pigeon's activities in connection with the 2008 election and have complained to the state Board of Elections.

The Paterson administration has discussed no timetable for its investigation, and no immediate conclusions are expected in light of state government's concentration on the budget crisis. But Ward said it appears that Kiernan is continuing to gather information about the case.

Sacha, a 22-year veteran prosecutor, was fired Oct. 5 by Erie County District Attorney Frank A. Sedita III for "misconduct" after The Buffalo News reported his accusations Sept. 27. Sacha maintains that Sedita and his predecessor, Frank J. Clark, refused to act on significant evidence of election law violations accumulated during the investigation of former West Seneca Supervisor Paul T. Clark's campaign for county executive in 2007.

Sacha has contended that Sedita and Frank Clark failed to act because of their close personal and political relationship with Pigeon, a former Erie County Democratic chairman who controls millions of dollars in contributions from billionaire B. Thomas Golisano's Responsible New York political committee and determines who wins support from the state's Independence Party.

Kiernan also interviewed Sacha for about 90 minutes at the Capitol on Oct. 22. He would offer not comment on the meeting at the time.

If the initial review raises further issues, officials in state government have said, Paterson could appoint State Attorney General Andrew M. Cuomo as a special prosecutor or some other person to investigate.

Appointments of special prosecutors are rare in the state's legal annals, and Sedita contends that Sacha's complaints rise nowhere near the level of meriting such a move.

"Any time an assistant district attorney makes a public allegation, that's not enough to trigger a special prosecutor," Sedita said Oct. 5.

Sedita and Clark have steadfastly denied any wrongdoing, as has Pigeon. Clark and Sedita said they considered the investigation into Paul Clark's race for county executive to be over.

Paul Clark and two associates took misdemeanor guilty pleas last December for hiding contributions. Sacha said there was still a case to be made against Pigeon and Clark's brother, Timothy.

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