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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 |
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 |
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."
- Children held hostage. An administrator at Soundview has three sons who have been charged with crimes for which there is little evidence and to which, they have adamantly insisted on their innocence. Her attorney informed her that the charges against her children could be disposed of if she provided evidence incriminating Senator Espada. She has not done so because she has no such evidence.
- Intimidation of campaign workers and contributors. Investigators have accosted scores of campaign workers. The investigators have made unfounded accusations about Senator Espada to his supporters, repeated salacious gossip and threatened reprisals if the campaign workers did not give information incriminating Senator Espada.
- Abuse of Grand Jury process. Numerous individuals have been hauled before the Grand Jury on the flimsiest of pretexts. On one occasion, a woman who had received payment for distributing health care literature was accused of distributing campaign literature. When she mentioned she might have been with her 14 year daughter on one occasion when she distributed literature, the 14-year-old was then subpoenaed in an attempt to impeach her mother’s testimony. Shades of Ken Starr. Prosecutorial abuse knows no party affiliation.
- Interference with health clinic. Vendors who supply Soundview have been intimidated and harassed. Some clients have been told they’d be better off if they took their business elsewhere.
After a hard-fought campaign, Esapada narrowly lost the Democratice primary on September 15th.
Contact: John Klotz | Return to Klotz Law Homepage |