WBEN NewsRadio 930>Audio & Video on Demand>>Attorney Mark Sacha on Moreland Comm.

Attorney Mark Sacha on Moreland Comm.

Aug 3, 2014|

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Automatically Generated Transcript (may not be 100% accurate)

It's time to talk politics it's hard line. -- on news radio nine. And -- we get a cup politics the week started out. With Governor Cuomo up hearing in buffalo. Walking back against charges that the Moreland commission was not as independent as base is that the average expected it to be. He had initially in his defense when the New York Times said that the -- at all sorts of problems. Talked about how the commission was a creature of the governor's office created by the governor's office therefore of course not independent from the governor's office. But in his speech on Monday at the university of buffalo he talked more about. How the individual commissioners had the authority to pursue whatever they wanted. He pointed different statements coming out this week from some of the commissioners including one of them William Fitzpatrick. It turns out Fitzpatrick then released a letter to the media saying look I I didn't feel pressure at all. And that's where the story for this week kind of against. A little bit after that -- -- the New York City. Southern district of New York. Federal prosecutor who's looking into the Moreland commission said you know but -- -- commissioners come forward and say that sort of thing its its bordering mr. Cuomo on. Evidence tampering and witness tampering because there's an investigation still going out. Before the next two hours and I'm gonna touch on that. Will bring in Jimmy -- kind from capitol New York he has an Albany base reporter to talk a little bit about everything that happened there. And we also had another development this week and this is where current guest comes in mark Sasha is here. Former assistant district attorney in Erie county the last person to testify before the -- commission. Back in September he went before them and said listen there are things we have to look at here. We have to look at perhaps a conflict of interest with one of your own members of the more on commission Erie county district attorney -- vita we will get to that before the next -- compliments are done here. But today he also was someone who this week. Sent off a letter to -- Ferrara and said listen I have questions about the independence of it. Here is what I like to say let's bring American to explain all that mark thanks for joining us by the clergy here. Good morning date. Until you hear me. I -- and you fight that I am I'm assuming you've got me as well. He got -- earth person like this one I think you because it I do it then do you and I appreciate year. You know -- -- intelligent and thoughtful. Show thank you. While it's always good when you start out by flattering the post we appreciate that. But let's. Eventually get to the history of this because your history with the mollen commission and some of the independents questions did you raise in the past. Are certainly part of the story but I wanna start out with the latest and the last half of your letter. We're basically -- I'm quoting front here now. The citizens of Erie -- have a right to know why the -- commission never conducted the scheduled public hearing that was take place in buffalo. You further down in your letter also asked about the overall independence of the commission let's start there what are your concerns. Well. To put it recently gave. My concerns and equal pay act. To last September. Right you testified on September 13 of last year. Long before there was any new York and clerical error other people raising issues. I've raised the issue back. It was basically a political. Charade. And that the commission itself yet horrible act would have been trapped. He had that those apple does -- -- Prevented any real production from the commission. Because it and the reality is that. They put all -- district attorneys have more commission. These different attorneys have not gotten that special electorate electric and -- their order at least twenty years. And Dunlop. About governmental corruption and that the reason that they've done nothing is back because so the law. -- is because they don't have the will to do it. -- they don't have the will do it because. Of the activity reached their conviction because they are outlook issue. And all they reached the BBA. Is that they make alliances. Make the political deals. We have the same individuals. Who their bet that it two in that decade. Four governmental corruption or our election law cracked. And this is where your history comes in EU specifically back even before the month commission. Charged that our own Erie county district attorney francs -- the depth had that kind of a conflict going out. I I I -- simple to be and frank are wit. Feel thing to do their cutie. Beat. Up close political and personal relationship. -- a political operative and former Democratic Party charm and your account. Steve pigeon. -- And why. -- -- let's go back a little further if we're talking history you and mr. C to have a history as well you worked for his office of one point. -- I looked at BA are warning almost 43 years. I well -- this senior positions in the BA's -- as yet no political action. Was -- -- is spot for several months. -- the reality is that history was. I hate war along with him. Equity eight that your caddie -- this -- different gate and then finally. At that point in the hanging in court. -- Investigation. Which resulted in conviction. Politician. Which is the investigation of the 2008. County county. Executive racing Erie county. And the Paul Clark campaign want to -- conviction. But what I write to prosecute. Our district it in and well ahead mr. art rocker who hit close I agent I would prevented from doing that. Michael mr. fire and mr. -- war. Absolutely improper reasons. I handed -- that -- that the outfit -- apple including. Attachments. I'll never forget but look at his face. But within days that was demoted and it actually fired or going public when they did not. And then fast forward you then have basically pushed the case enough that the two elections commissioners and Erie county Dennis ward again no friend of perhaps Steve pigeons. And if Ralph more. They decided to take up their own investigation that's continuing but you say this should be pumping. But there's something -- should be taking up I guess what you said. What I am saying is. The board elections and really nothing to do would be original complaint. The -- last year. My complaint revolve around. Election law basically money laundering and violations. Which. Occurred in 20082009. Well last year there was no order entity. Any -- and the reality is that these are serial violations. And -- it happened again. I made a complaint. Up to the board of elections. Last year. I think that over and banged -- 2000 -- I also spent it in the war on condition. And while we city Mississippi at bat. And I mean nobody. In the -- yet heard anything. And the subject of the complaint empire was mr. -- and probably admit to Beijing has basically. Insulated. In Erie county format you -- able. Hopefully it. Attention. Any polite back -- them and you know what you do your listeners an -- is going to be patient aware that mr. pigeon. Is 88 political consultant. Who benefits and -- well wait. The act and applicable interest. So -- me well into the -- Mean it didn't join an apple -- what happened but right now we get a bigger problem. -- add up bigger at. Nobody we hear is that it real. -- the public. This horrible. Flaw. -- been exposed that in your act which is the moral commitment. All right so -- -- to bring me up then I think we've circled the wagons around the history now let's bring up to the up to date with the letter that you sent this week. To this excuse me US attorney -- per hour. Okay. Well. Several weeks ago -- You're trying to. Get out. Excellent article which. Was a walk and -- -- expose the bad. That it won't commission. Was. Basically a pocket. To get up there. And -- certainly is political interest where it in the interest of the public. Yes it was EAL. Referred to -- conversation. You know it's gonna -- me at all. It wasn't earth shattering as far it -- period that awaited news -- It said earlier. One yet we porky. Basically. There's been an explosion in trapped. In the issue of whether or act picked up there. -- You'd the issue. A lot. To resolve political benefit. And the war and the condition. Serbs to. -- court after the serve subpoenas which would reflect Italy and the governor. You have to -- struck as people. And an idea that as a former prosecutor know how. Outrageous that is in them. So. -- in now. Over the last week. By the bat that. People -- There when they're hot. They continue. To pay it -- -- in any year. Store. By Andy did that let me make -- clear. Almost went Cuomo this week Clinton's just try MB keep people up speed and segment historically there are a lot of component. Cuomo this week basically brought out some some testimony of some letters from other members of the commission who say hey look it's independent. The US attorney then turn around and said by. By soliciting those letters she's kind of doing something that's close to evidence tampering or or witness -- Exactly and it can remember days for fact days. And in that so many issues here but the -- days the governor of the data York. It is one thing you can say is that these. All alone and more than willing -- Extracted viewpoint about more commission set up. Back and speaking debacle. Poor -- what basically looked like a real. The original. -- Press conference. -- Change this story again at that originally were written statement that. I'll bet that actually that independent because it is I -- nation. -- -- -- -- It in the and that it was fun at all the result for -- at all and you know I hate it in -- and it didn't read what you know what in the and it the only work person will know be after today at the people that. I erratically. Just issued statement a few hours ago. Supporting my position. At what it turned out is that mr. Cole Hall engineered at least some of the statement. Few people call them in darkness over the weekend. So if a person is the subject of criminal investigation would conclude that the governor did. He's not above the law. It you can't do that it has been trapped in what witnesses say. About it investigation. It all bet long get it and it could be illegal and incremental. This is one of those stories where we really have to -- out a lot of the background in order to understand what is the most current. I want to bring you to what is the most current describe your letter we have about five minutes left for the segment describe your letter that you sent this week. To -- Ferrara. So what I. People are war I didn't regionally might complain my original complaint Barack what I was fired for doing the right bank. Well. What. People like the point he was the governor opposite when -- it would -- governor. And he didn't back -- and they prop eight Albany they are several Asian. Theories support. They suddenly. Eight transferred the case to that Cabrera about it but made public statement. I hate that there was at least -- patent eight investigation. Of what a matter of election law violations. By mr. Pitt. Yeah and they transcript mr. Karzai as I hit it acted with the opposite. For several years to discuss it. But at the anger. There was. The only nobody ever questioned the underlying acts. They eat it is thought that was involved in numerous. Prosecutions. Period. Politicians. In Indonesia -- -- out of -- investigation of people who had a call by the way. Is now in prison. And -- mr. pigeon what is she can't let the. Yet what one point one but mr. Blair has assistant Darrell one more lap. I block all calls mr. Ferrara. I want any answer is competent what I wanna answer and what is going bad or what app. At my personal point. Yeah that did I say to the. Hey look at them to my second complaint regarding the what are accredited pocket which is a separate them. This was -- agent -- number two basically right. Well right. And he felt -- -- agent long sense that now. I don't -- -- the board of elections is content in my understanding conducting an investigation. And you know I don't doubt that. But the board of elections. Aid is not be appropriate. Alternative. Two real prosecutor and a real prosecute a real investigation. -- It. -- under the protective order that created the moral dimension -- over. Out to. To deal with my complaint. Yet. Not that happened well -- probably. Partly because they just it was sitting at -- sitting out of commission. The ad in. Internet tablet is that he's a good friend and Cindy that -- -- -- political supporters. And in particular one of the biggest political supporters. So if you feel that the if you feel of the board of elections is an inadequate. Investigator. If you feel that there is a conflict with the DA -- indeed. And if you feel that the -- commission. And despite the fact doesn't even exist anymore wasn't independent. I guess treat our our US attorney is now Europe Europe's court of last resort more -- Well an inept because -- the reality is that I every. Or at the local US attorney mr. vocal. But like that in a letter -- hopelessly conflicted. Right because. His wife is -- how -- running for lieutenant governor. With mr. Obama. And it'll at a weight again hit the bank eight yen. It almost trapped political. And political. Party. Confidant I think we can say. Real quickly what we're already late for our commercials and I do have to let you go here. But I wanna make sure that I am summarizing your letter properly are you asking. For special prosecutor right just asking for a bar row or -- poking into the issues that he raised what do you want to see come out of this letter. What I wanted to see is any answers to what the first investigation. What happens in the back and further investigation. Investigation. Practice in corporate prosecution of bowl. Yet it -- it can't infer anything that warranted. And third and also asking. Why the Portland -- nation after -- at that I'd. Never hold a hearing in buffalo which would require -- it will required under the -- To hold. Public hearings throughout the state and -- injecting -- Matt -- That what happened here is. They didn't want a couple public hearings because they get a lot seemed to be exposed which were politically. Negative. For our India. And the governor. All right mark we out of time I'm so glad you were able to it to explain all this. As it develops will be in touch and if you hear from the the US attorney and can share any of that we'd love to hear from again thanks so much for your time.