Green Should Resign as DA

Our thanks to Tom Cook, Conservative Party Leader, former Assistant District Attorney and attorney with 35-years' experience practicing law, for the following analysis of the recent political prosecutions by the Monroe County District Attorney's Office under DA Michael Green.


TWO PARTISAN POLITICAL PROSECUTIONS

First the Duke lacrosse rape case.   Now the People of the State of New York vs. Andrew Moore and the People of the State of New York vs. James Smith.   Those three cases were absurd, politically motivated, criminal prosecutions!

The Duke prosecutor was up for election.   Therefore, he indicted obviously innocent student athletes in order to get publicity and win his election.   The Democrats in Monroe County in 2009 very much wanted to discredit the Brooks Administration and win the crucial Monroe County Legislature elections.   Therefore, this led to the Moore and Smith alleged criminal cases.

There is a saying that a prosecutor could "indict a ham sandwich".   The District Attorney, in secret, has complete control of the facts and of the law in a Grand Jury proceeding.   His power is awesome.   The District Attorney's Office, tightly controlled by D.A. Michael Green, originally indicted Mr. Moore for the Felony of Rewarding Official Misconduct, two counts of Official Misconduct and one count of Coercion.   He was handcuffed and dragged out of Republican Headquarters.   Those who reviewed the indictment were surprised and mystified by the charges since all Mr. Moore did was write a letter.   The prosecuting attorney, A.D.A. William Gargan was forced to withdraw the Felony charge for lack of evidence.   Mr. Gargan blamed that on the same Grand Jury that he supervised and controlled.

Then on March 9, 2010 County Court Judge Richard Keenan, after reviewing the Grand Jury minutes, dismissed all the remaining charges against Andrew Moore.   Judge Keenan is an enrolled Democrat.   In his decision, Judge Keenan used the following terms to describe the Grand Jury proof: "insufficient evidence", "remote and speculative", "lack of proof', "no credible evidence", "innuendo", and "preposterous allegations".   His ruling strongly criticized the District Attorney's Office.

Weeks before the 2009 elections, Deputy County Executive James Smith was indicted on six misdemeanor counts of Official Misconduct.   The District Attorney's Office did not like the timing or the scope of Smith's investigation into the Robutrad matter.  That was it.   Nothing else.   The D.A.'s office wanted to micro-manage Monroe County Government?   No; they really wanted, with the help of Gannett, an inflammatory political campaign issue.

During Mr. Smith's trial, Democratic Judge Frank Geraci, asked A.D.A. William Gargan if there's anything in the law or in the county charter which required Mr. Smith to do a more timely or a different Robutrad investigation.   Incredibly, the prosecutor had to say "no".   On March 31, 2010, the 12-member jury predictably found James Smith not guilty on all six charges.

Andrew Moore is a good guy.   He has a wonderful family.   The partisan political prosecution ruined his personal life, his job, and his political career.   Mr. Moore's only character flaw apparently was that he was Chief of Staff for the Monroe County Republican Legislature Majority and the Executive Director of the Republican Party?   Nothing else!

James Smith is a great guy.   He is hardworking, charming, and loyal.   Mr. Smith has spent the last six months caring for his ill mother.   The criminal charges devastated his life.   Mr. Smith's only character flaws apparently were that he was the Deputy County Executive and active in the Republican Party.   Nothing else!

After what the Democrat and Chronicle and the District Attorney's Office did to Mr. Moore and Mr. Smith they could appropriately ask:   Where do I go to get my reputation back?   Who is going to pay my very expensive legal bills?   Mr. Gargan?   Mr. Green?

The Duke prosecutor was convicted of "malicious prosecution".   He spent time in jail.   William Gargan, an enrolled Democrat who wanted a Rochester City Court Judgeship, should be ashamed of himself.   He should apologize to Mr. Moore, Mr. Smith, their families, and to the citizens of Monroe County for his absurd politically motivated prosecutions.   The District Attorney's Office attempted to pervert the criminal justice system to help the Democrats.

Mr. Michael Green, the District Attorney, should resign due to the outrageous politically motivated official misconduct of his office.   Mr. Gargan should also resign from his position as an Assistant District Attorney.   With fair judges, an honest jury, good attorneys and their own courage, Andrew Moore and James Smith were able to defeat these out-of-control partisan political prosecutions.