WINNER CALLS FOR APPOINTMENT OF ‘SPECIAL PROSECUTOR’

IN UNFOLDING INVESTIGATION OF SPITZER ADMINISTRATION

Asks governor to appoint Attorney General Andrew Cuomo to more fully

investigate

administration’s use of State Police resources

Albany, N.Y., July 30-- New York State Senator George H. Winner, Jr.

(R-C, Elmira), chairman of the Senate Investigations and Government

Operations Committee, today called on Governor Eliot Spitzer to appoint

Attorney General Andrew M. Cuomo as a “special prosecutor” with full

subpoena power to more fully examine the Spitzer administration’s alleged

misuse of the State Police for partisan political purposes.

In a letter delivered to Spitzer’s Capitol office earlier today,

Winner wrote that “a comprehensive resolution to this matter requires that

you appoint the Attorney General as a special prosecutor with full subpoena

power by Executive Order to explore the troubling questions which go beyond

the Attorney General’s original mandate.”

[see copy of letter below]

Last Monday Cuomo released a report on his initial investigation,

“Report of Investigation Into the Alleged Misuse of New York State Aircraft

and the Resources of the New York State Police,” which revealed that two

top Spitzer aides -- William Howard and Darren Dopp -- had improperly used

the State Police to collect information on State Senate Majority Leader

Joseph L. Bruno, in order to damage Bruno politically. The governor has

denied any knowledge of his aides’ actions. Cuomo, however, did not have

subpoena power to force two aides, Dopp and Richard Baum, to be interviewed

under oath, and both aides refused to testify.

A story in today’s New York Post links additional senior aides to

Spitzer to the unfolding investigation.

Late last week, the State Ethics Commission announced that it will

conduct its own investigation. In today’s letter to the governor, Winner

welcomed the Ethics Commission investigation but stressed that his

Investigations Committee believes that appointing the attorney general as a

special prosecutor -- or even authorizing Cuomo to appoint a special

prosecutor -- is the most effective way to ensure the independence and

credibility of further investigations.

“While the recently announced review by the State Ethics Commission

is welcome and highlights the need for further inquiry, the State Ethics

Commission has limited jurisdiction. As its members are appointed by the

Executive, there will be questions to its independence as well. The

Attorney General, as an independently elected public official, would have

unfettered jurisdiction to review all aspects of this matter including any

falling under the penal law,” wrote Winner.

But Winner didn’t rule out additional action by the Investigations

Committee if Spitzer refuses the appointment of a special prosecutor. He

said that the refusal of key executive staff to be interviewed under oath

leaves troubling questions that need to be addressed.

-30-

Letter from Senator Winner to Governor Spitzer:

July 30, 2007

Governor Eliot Spitzer

Executive Chamber

State Capitol

Albany, New York 12224

Dear Governor Spitzer:

Earlier this month, the Temporary President of the Senate, through

his counsel, called upon the State Attorney General to conduct an inquiry

to determine whether the State Police were used inappropriately for

political purposes.

The Attorney General issued a comprehensive report consistent with

the scope of that request. The report concluded that the State Police were

used in an inappropriate manner for a partisan political purpose.

However, the refusal of key Executive staff to be interviewed under oath

and the Attorney General's lack of subpoena power during a civil inquiry

leave questions which should be answered in the public interest.

I have reviewed the report, and legislative staff have had access to

the investigative information compiled by the Attorney General's office.

While the Attorney General is to be commended for the thorough and

professional work of his staff, since his investigative mandate was narrow,

we believe that additional investigation is warranted to assure the public

that you were not personally involved in the actions which the report

criticizes nor did you know of those actions or direct the State Police to

act in an inappropriate manner, as you have stated publicly.

While the Senate Investigations committee has the authority and the

subpoena power to fully explore your role, if any, in this matter, we are

reluctant to engage in a protracted legal debate over the constitutional

issues which your office has indicated would be litigated if we proceed

with an investigation.

Therefore, I conclude that a comprehensive resolution to this matter

requires that you appoint the Attorney General as a special prosecutor with

full subpoena power by Executive Order to explore the troubling questions

which go beyond the Attorney General's original mandate.

While the recently announced review by the State Ethics Commission is

welcome and highlights the need for further inquiry, the State Ethics

Commission has limited jurisdiction. As its members are appointed by the

Executive, there will be questions as to its independence as well. The

Attorney General, as an independently elected public official, would have

unfettered jurisdiction to review all aspects of this matter including any

falling under the penal law.

Since January 1975, there have been 30 instances when the Governor

has appointed the State Attorney General as a special prosecutor. Clearly

there is adequate precedent and sufficient justification to warrant similar

action now.

Very truly yours,

George H. Winner, Jr.