In Feud With Bruno
Albany DA Looks At Spitzer Staff Actions

By RICHARD STEIER

The Albany County District Attorney's Office is considering launching a probe of the misuse of the State Police by top aides to Governor Spitzer who were collecting information that might embarrass Senate Majority Leader Joseph L. Bruno.

ELIOT SPITZER: Conduct under scrutiny.

Albany DA David Soares, whose investigation last year of inappropriate use of a staffer by then-State Comptroller Alan G. Hevesi led to Mr. Hevesi's resignation, said in a statement that he was reviewing the material produced by State Attorney General Andrew M. Cuomo regarding Mr. Spitzer's staff.

Spitzer: Didn't Know

The Governor has repeatedly denied that he was aware that his Communications Director, Darren Dopp, and the state's then-Assistant Secretary for Homeland Security, William F. Howard, were involved in obtaining state police records concerning Mr. Bruno's helicopter travel. Mr. Dopp and the Secretary to the Governor, Richard Baum, refused to be questioned by the Attorney General's staff, instead submitting written statements on the advice of the Governor's counsel.

JOSEPH L. BRUNO: Applauds DA's involvement.

Mr. Soares's office is just one of several law-enforcement entities currently reviewing the matter, but it is probably the most significant one, given his reputation and its subpoena power. A week earlier, the State Ethics Commission announced a probe, but Mr. Bruno and his fellow Republicans have questioned whether it would do a thorough and objective job, noting that key members are appointees of Mr. Spitzer's who also contributed to his campaign last year.

"It is my hope that the District Attorney will be able to get to the truth by questioning those individuals under oath who refused to cooperate with the Attorney General's investigation," Mr. Bruno said in an Aug. 1 statement.

Premature Conclusion?

The report issued by Mr. Cuomo stated that while the Governor's aides acted inappropriately, there was no evidence of criminal conduct. Mr. Bruno and his supporters have questioned whether such a determination could be made without actually questioning Mr. Dopp and Mr. Baum.

The Governor, who has acknowledged that serious mistakes were made by his longtime aides, pledged to cooperate with Mr. Soares, who is also collecting data compiled by State Inspector General Kristine Hamann to see whether any criminal conduct occurred. Mr. Spitzer has suspended Mr. Dopp indefinitely and reassigned Mr. Howard.

Among the more troublesome findings by Mr. Cuomo's investigators was that Acting State Police Superintendent Preston Felton created from scratch records of Senator Bruno's transport on state aircraft, believing he was responding to a Freedom of Information Law request. Evidence showed that the Governor's staffers sought that information before a FOIL request was actually made by the Albany Times-Union. Mr. Felton's two immediate predecessors as Police Superintendent told Mr. Cuomo's staff that his decision to respond personally to the FOIL request was unprecedented.

Feared for His Job

Mr. Felton told the investigators that he felt pressured to comply with the requests by Mr. Howard, a holdover from the Pataki administration who was the Governor's liaison to the State Police, partly because he holds the job on an acting basis. He explained to them, "The guy is my superior. Can he fire me? No. But can he walk down the hall and tell somebody, 'Preston isn't doing his job'? Yes."

The Governor and Senator Bruno have feuded bitterly for most of Mr. Spitzer's seven-plus months in office. In addition to disagreements over matters ranging from ideology to ethics reforms, the new Governor's open attempt to swing control of the State Senate to Democrats has ensured clashes with Mr. Bruno, who would lose much of his power if the two-vote majority Republicans now enjoy in the state's upper house disappeared. The revelations about the improper use of the State Police have tarnished Mr. Spitzer's image as a crusader for reform, however, even as Mr. Bruno remains under Federal investigation concerning his private business dealings.