Find Ex-State Police Exec Covered Up Power Abuse

ANDREW CUOMO: Politics at top marred State Police.

State Attorney General Andrew Cuomo found that at the highest levels of the State Police "political considerations played an improper and determinative role" in actions taken at the agency dating back to the administration of Gov. George E. Pataki.

The 18-month investigation found that former State Police Colonel Daniel Wiese, who was the focus of the probe, wielded inappropriate influence as he rose to command the Executive Services Detail. He used his authority to dispatch members of the detail on "secret squirrel missions" and "colonel missions," which surpassed their official duties.

Ran His Own Show

Mr. Wiese had a campaign worker sent to rehabilitation rather than arrested after a probe of a 1994 break-in at Pataki campaign headquarters pointed to that worker. In 1997, Federal prosecutors forbade the NYPD from communicating with the State Police during an investigation into Mr. Pataki's campaign after Mr. Wiese assigned a trooper to help with the probe. In 1998, Mr. Wiese, without the Governor's knowledge, assigned troopers to provide security for his friend, baseball star Darryl Strawberry, while he was in the hospital for cancer surgery.

GEORGE E. PATAKI: His Colonel cooked up a mess.

The report found that Mr. Wiese, who retired in 2003 to take a job at the New York Power Authority, deleted e-mails on his Blackberry on April 1, 2008 after a conversation with General Counsel Thomas Kelly about a New York Post article, which detailed his behind-the-scenes role in managing the State Police.

It also alleged that documents disappeared from his office after a subpoena was issued for them. "None of the documents removed by Wiese were copied, and no inventory was kept," the report stated. "As a result of the conduct of Wiese and Kelly, information in both electronic and paper form may have been destroyed."

In September 1995, Superintendent James McMahon appointed David Mack, one of Governor Pataki's supporters in his gubernatorial campaign the previous year, to the unsalaried position of Deputy Superintendent, Facilities Management, the third-highest rank in the State Police, when he had no law-enforcement experience.

Said Pataki 'Wanted It Done'

"McMahon testified that he was pushed to make the Mack appointment by Wiese who stated that the Governor wanted it done," according to the report. "McMahon also testified that he was uncomfortable making the appointment but was unable to avoid it because, although he never spoke directly to Governor Pataki about it, he felt the directive was coming from the Governor since Wiese had said as much."

The report said that the "politicallymotivated" hire had a negative impact on the morale of the rank-and-file of the State Police, especially when Mr. Mack appeared in dress uniform.

Mr. Mack resigned from the Port Authority and Metropolitan Transportation Authority boards on Sept. 11.

Governor Paterson in a letter to Mr. Cuomo said, "I am relieved that you have found no substantive evidence that the rank-and-file of the State Police violated the public interest, just as I am concerned that you have identified troubling politicization of certain actions and decisions that occurred at the highest levels of the State Police." Mr. Paterson insisted he must preserve his prerogative on all gubernatorial appointments despite a recommendation in the report that the Director of Homeland Security always be a law-enforcement official.

Union: Our Members Vindicated

State Troopers Police Benevolent Association President Thomas H. Mungeer said, "We are pleased—but not surprised—the report . . . showed that no PBA members were involved in a 'rogue unit' or other wrongdoing. Our members, rank-and-file Troopers and supervisors, were vindicated in this report." He praised the "thoroughness and professionalism" of Mr. Cuomo's investigation.

Mr. Cuomo also criticized State Police Superintendent Wayne E. Bennett in the report for ordering subordinates to erase a 2005 domestic violence complaint police report stemming from a call from the home of John E. Sweeney, who was a Republican Congressman. "It is also important to note the report confirmed that one of our members, who was accused of misconduct in the release of information regarding the arrest of former U.S. Rep. John Sweeney, was not involved in the acts for which he was accused," Mr. Mungeer said. "In fact, the Attorney General's report highlighted that any inappropriate actions in that situation came from the top of the State Police agency, not the rank-andfile PBA members."

Lawyers for Mr. Pataki were found to have encouraged two State Troopers to divulge grand jury testimony they had given in 1997 during a probe of whether fund-raisers for Mr. Pataki promised to help arrange pardons in exchange for contributions.

"Despite the fact that Superintendent McMahon knew while the investigation into the Pataki campaign was on-going that Wiese was a target of the . . . investigation for allegedly committing obstruction, no internal [State Police] investigation was conducted of Wiese pertaining to those allegations," the report stated. "McMahon's decision not to initiate an internal investigation of Wiese's conduct further served to enhance the rank-and-file's impression that he was powerful and untouchable."