Monday, April 5, 2010

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.


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.


Anonymous said...

I really enjoyed this article. Thank you to Tom Cook for standing up to Mike Green. It is about time.

Anonymous said...

Great Article! I’m thankful that Tom Cook exposed the DA’s Office’s true agenda. It is about time that the public was informed of the truth.

Anonymous said...

Why is Chairman Cook defending these guys? Where is Republican Chairman Relich? Why is he not defending his Party?

Anonymous said...

Tom Cook IS the chairman of the Republican Party. Reilich holds the official title, but Cook runs the show since Minarik got fired.

Anonymous said...

Even more importantly, when can the two gentlemen expect their apologies from Green and Gargan. If they resign, I'd consider that apology enough.

Anonymous said...

Some how I can't believe that Joe Rittler isnt one of the Anonymous posts from yesterday

Anonymous said...

Why hasn't Joe Morelle had to answer questions about his using these now proven false charges as political fodder during last year's campaigns. If you think the D.A.'s office wasn't acting under some sort of political orders when it brought the charges you are a complete idiot. Morelle's entire political campaign strategy was based on these charges. He didn't even consider any other strategy, just the coordinated effort with the Green/Gargan team.

So why is the Rochester press protecting Morelle? That's a rhetorical question but I'd still like to hear a respoinse from someone in the local press.

Anonymous said...

You people need to leave Mr. Rittler alone and stop attacking him. He works very hard for the citizens of this community and just because he is good at his job in making you right wingnuts look bad, don't take it out on him. Look to your own inadequacies instead.

Besides he is simply following the orders of the higher ups (ie Chairman Morelle and Democratic Leader Bronson). You cannot fault him for just doing what he is told to do. Is he supposed to risk losing his job because he refuses to do something that he's told that appears inappropriate?

I also see on another thread on this site that Mr. Rittler is attacked for smioking a lot while at work. Did it ever occur to you that he has an addiction? I'm sure he struggles with it every single day of his life. Have any of you every reached out to him to express concern or offered to help him in some way? There is no need to get into personal issues about him and his life.

You all are just jealous because he is the best staff person the Legislature Democrats could have hired to serve the public and win elections for the party. You all come across as haters wish you had Mr. Rittler's talent and ability.

And no, I am not him posting this comment.

Anonymous said...

I have never laughed harder at a blog comment than I just did after reading 11:55's sob story for Mr. Rittler.

Anonymous said...

If James Smith and Andy Moore are innocent of all charges against them, including poor judgment and bad supervision, why doesn't the Republican Party give them their jobs back? That would seem to be fairest thing to do, since they have no character flaws at all, are model citizens, and are only concerned with furthering the community. Where's the justice in leaving them out in the cold?

The Archbishop of Yentaberry said...

10:31pm raises a very good point.

Republican officials have been too timid to denounce the injustice done to Smith and Moore by the prosecutor's office. Hope they wont be timid about getting them reemployed.

Anonymous said...

10:31's obvious sarcasm shows he doesn't agree with the result of these two faux prosecutions. I wonder how aggressive he spoke out in support of Mr. Smith and Mr. Moore prior to the witch hunt?

If he was paying attention instead of maybe sitting in the courtroom all day ;) he'd have remembered that Smith resigned, according to him, for personal reasons. Are you now calling Smith a liar?

If you are being sincere (my apologies if you truly are) then do you agree then that this entire witch hunt was politically motivated just to help Joe Morelle and the democrats try to win county legislature seats and possibly the county Executive race next year?

Will you call on Mr. Green to investigate the blatant corruption, lies and political patronage scheme that Bob Duffy orchestrated to get his girl Molly Clifford a $100,000+ City government job, or are you ok with that?

Smith and Moore we brutalized by the local Democratic Party political machine and I expect are now recuperating from the assault. If and when they choose, I'd expect that both of these gentlemen, after working to put their lives back together, will reach out to those that have supported them throughout this endeavor to express their interest in continuing with their careers.

Again, if and when they choose.

Since you appear to be so very concerned about their well being and financial situation, maybe you can get the hitman behind all of this, Joe Morelle, to pay for their massive legal bills that they were each forced to expend their personal resources to fund.

Joe is sitting on over a half million dollars in his campaign warchest he's built exploiting his chairmanship on the Assembly insurance Committee, so I'm sure he can spare a few grand.

It's the least he can do for what he put these men through. Wouldn't you agree?

Anonymous said...

I agree with Tom Cook. What a great article. Mike Green needs to get out of the DA's office!