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Ken Starr in the Bronx!
A case history of prosecutorial abuse

 


Secret tape recordings are made, full of threats and intimidation. A zealous prosecutor with a political agenda summons a mother and daughter to a grand jury grilling. A woman is told that she can solve the criminal problems of her three children if she will give evidence against a powerful political leader. Sounds like Ken Starr doesn't it?  Except this time it isn't Ken Starr and it isn't the nation's capital. It's the Bronx and the object of all this attention isn't Bill Clinton, but an independent politician who has dared to challenge the Bronx Democratic machine. Special Prosecutor Ken Starr
The vulnerability of law abiding citizens to abuse by fanatic public prosecutors is a national scandal. While no one ought condone President Clinton's conduct with Monica Lewinsky, it is ironic that Ken Starr, after having failed to find evidence of public corruption by Clinton, is now rubbing the public's nose in Clinton's dirty linen. The self-proclaimed "Christian" has occasioned more "talking dirty" in the national media than a battalion of Mayflower Madams could have. But Starr's conduct is not an isolated instance. Prosecutorial arrogance knows no geographical, political or racial boundaries.

Take the Bronx for instance.
 
 The Soundview Medical Center is one of New York City's largest neighborhood medical service providers. It's executive director, Pedro Espada has build a unique institution. He has also proven to be an independent force in a county dominated by a notoriously corrupt political machine. In 1992, he was  elected State Senator from the 34th District. In 1996 he lost the opportunity to run for reelection  when the machine challenged his nominating petitions in court. 
After eliminating Espada from the ballot in 1996,  the Bronx Democratic machine instigated the District Attorney's office into 
a wide-ranging probe of Espada. The District Attorney had been elected in 1988 after a sharply contested election in which I was also a candidate. Johnson was heavily supported by the machine which was reeling from a series of corruption investigations by then U.S. Attorney, now NYC Mayor, Rudy Giuliani. Since Johnson's  election as DA, there have been no major indictments of politicians affiliated with the Bronx Machine. Indeed some have been given a "free pass" for conduct that resulted in the prosecution of machine opponents. For example, Johnson exercised his "discretion" not to prosecute a machine judge who had falsified his residence at the very time he was vigorously (and unsuccessfully) prosecuting a machine adversary for the same offense.

Bronx District Attorney
Robert Johnson

Johnson launched an intense aggressive investigation of Espada and the Soundview Health Center that disrupted the clinic's business. Employees and patients of the clinic were grilled by investigators. In February, 1998, I was asked for counsel in this matter. As a result, we interviewed those who were subject to harassment and prepared statements and a video tape of their stories.
 

Bronx Borough 
President Ferrer
It is Espada's claim that he was told by representatives of the Bronx Democratic machine that if he ran for election for his old seat in the State Senate, he would be indicted. On the other hand, if he did not run, he would not be indicted.  

Espada already had one tape recording of his successor,  State Senator David Rosado telling him just that. Later that spring, Espada's son, a member of the N.Y.C. City Council, video-taped Rosado making the same boast and blaming everything on Bronx Borough President Fernando Ferrer.

At the suggestion of the Bronx County Democratic leader, Roberto Ramirez,  Espada met with Dick Gidron, Chair of the Democratic County Committee - an honorary and virtually powerless post. However, Gidron was a behind the scenes power whose annual Super Bowl Party was a must for Bronx politicos. Reportedly, DA Johnson was an attendee. According to one version of Gidron-Espada meeting, Gidron boasted of his connections to Johnson and promised Espada that if he didn't run, he wouldn't be indicted.

Bronx County Leader
Roberto Ramirez
Espada chose to ignore the threats and circulated petitions in support of his candidacy for his old senate seat. He was promptly indicted. The press reports of his indictment included extensive coverage of the threats to Espada. At the arraignment, presiding Judge Burton Roberts noted the "political nature" of the case, reduced Espada's bail and assigned the trial of the indictment to a judge selected from a special panel of judges not connected to the Bronx Democratic machine.

On June 15th, I wrote the New York Governor George Pataki requesting a special prosecutor look into the District Attorney's conduct. Among the abuses we highlighted were the following:

 While the criminal case wends it way through the court process for the time being, Espada's campaign continues unabated. The central issue of the campaign is the abuse of process by the District Attorney's office and Rosado's boast that "I lied. I'm a politician."

After a hard-fought campaign, Esapada narrowly lost the Democratice primary on September 15th.

Background Material

Daily News: November 3, 1994. Judge-to-be off the Hook
Letter to Governor Pataki dated June 15, 1998
Daily News: June 12, 1998. Fine Stew of Politics, Secret Tapes & Money
Daily News: July 28, 1998. DA's Zeal Starr-ling
Village Voice: March 11, 1997. Man and the Machine: Tawdry Tales Taint a major Ferrer supporter
New York Times: September 6, 1998. Family Challenges Party in Bronx
 

 
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