Cuomo recuses self from investigation

ALBANY, N.Y. (WIVB) - New York Attorney General Andrew Cuomo said Thursday he has recused himself and appointed an independent counsel to probe whether Gov. David Paterson illegally took World Series tickets or had improper contact with a woman who accused an aide of domestic violence.

He appointed former state Chief Judge Judith Kaye to the case, saying he is being cautious in his approach because of heated politics that have raised concerns about a conflict of interest when he says none legally exists.

Cuomo, often floated as the potential Democratic nominee for governor, told reporters in a teleconference that if Paterson had resigned, the case could have been "moot" and been dropped.

A Marist College poll this week showed Cuomo's approval rating fell 13 points in two weeks as he began investigating Paterson, the Democratic governor who until recently was running for a full term and likely would have faced Cuomo in the primary.

Several polls showed New Yorkers preferred an independent prosecutor for the case, not Cuomo, who said the polls had no impact on his decision to use "an abundance of caution."

"There is no technical conflict," he said, now that Paterson has dropped his campaign for governor.

Cuomo was investigating Paterson's role in the case in which a woman accused a trusted Paterson adviser of roughing her up.

Last October, Sherr-una Booker accused Paterson confidante David Johnson of choking her, tearing off her Halloween costume and shoving her against a mirror. She filed a domestic violence complaint but never filed criminal charges.

Paterson has acknowledged that he, two staff members and a member of his state police security detail all talked to Booker before a scheduled family court hearing. He has said Booker called him and he only offered support but did not try to get her to drop her complaint or change her story.

Booker did not show up for the hearing, and the domestic violence complaint was dropped.

Last week, a public integrity commission accused Paterson of violating state ethics laws when he sought and obtained free Yankees tickets for the 2009 World Series and then may have lied about his intention to pay for them.

Statement from Andrew Cuomo:

STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ANDREW M. CUOMO ATTORNEY GENERAL
To: The Honorable Judith S. Kaye
Re: Executive Order Number 17
Date: March 11,2010

WHEREAS, the people of the State of New York are entitled to a government committed to the highest standards of integrity, honesty, efficiency and accountability;
WHEREAS, misconduct involving corruption, fraud, perjury, conflicts of interest or abuse by State officers and employees undermines public confidence in government and prevents the honest, effective and efficient operation of government;
WHEREAS, crimes of domestic violence are a major cause of injury to women and destroy the household as a place of safety, sanctuary and nurturing for all household members.
WHEREAS, on February 25, 2010, Governor David A. Paterson requested that, pursuant to sections 63(3) and (8) of the Executive Law, I conduct an investigation of a possible inappropriate involvement by the State Police in a domestic violence matter involving David W. Johnson (hereinafter referred to as "the Johnson matter").
WHEREAS, on February 25, 2010, upon receiving the Governor's request, the Office of the Attorney General ("OAG") initiated an investigation of the Johnson matter;
WHEREAS, on March 3, 2010, the (1) New York State Commission on Public Integrity ("the Commission"), in a "Notice of Reasonable Cause", charged that the Governor violated provisions of the Public Officers Law with respect to tickets to the first game of the 2009 World Series at Yankee Stadium (hereinafter referred to as "the Yankee ticket matter"); and (2) the Commission's Chairman, Michael G. Cherkasky, requested that, pursuant to section 63(3) of the Executive Law, I investigate whether the Governor or any other person committed a crime and prosecute any person or persons believed to have committed any crime.
WHEREAS, OAG has conducted a preliminary review of the Johnson matter and the Yankee ticket matter and determined that an immediate resolution does not now appear to be at hand with respect to either matter;
WHEREAS, the Commission's February 25,2010 letter expressly requests that I conduct a criminal investigation of a sitting Governor of the State, at a time when all holders of Statewide elected office, including myself, must make decisions with respect to the upcoming general election in November 2010;
WHEREAS, investigations of the kind and type requested by the Governor and Commission, involving the occupant of the highest office in the State, are matters of transcendent public importance and must be unencumbered by any appearance whatsoever of conflict of interest;
WHEREAS, every effort must by taken to promote public confidence that the investigations of the Johnson matter and the Yankee ticket matter are conducted in