Daily News (New York) July 28, 1998, Tuesday
SECTION: News; Pg. 10

BRONX DA'S ZEAL STARR-TLING

BRONX DISTRICT Attorney Robert Johnson's recent indictment of former state Sen. Pedro Espada on corruption charges has some people questioning Johnson's zealous pursuit of the maverick politician.

Espada and two associates were indicted last month on charges that they siphoned $221,000 in Medicaid funds from Espada's Soundview Health Care Center to finance his 1996 political campaign.

In the past, I have admired Johnson for his guts and integrity in challenging the plea-bargain system and opposing the death penalty. Unlike other DAs in this town, he has not run his office with a constant eye on his next career move. Johnson's targeting of Espada, however, has the looks of a Ken Starr hit job.

It began nearly two years ago as a probe into allegations of voter fraud in connection with Espada's nominating petitions.

At the time, the upstart Espada was locked in battle with Bronx Democratic Chairman Roberto Ramirez.

Since then, Espada and his son, City Councilman Pedro Gauthier Espada, have fought off the machine and garnered impressive voter support even as Johnson's probe dragged on.

The tactics of Johnson's prosecutors have caused even hardened veterans of political wars to shake their heads.

Lydia Rivera Cruz is a prime example. She has worked as a medical assistant at Soundview Health Center for 17 years. Johnson's prosecutors summoned her before the grand jury four times in May and June.

"They kept asking if I'd given out political fliers while working for Soundview," she said. Rivera told them repeatedly that any political work she did was on her own time.

Not satisfied, the prosecutors then dragged Rivera's 15-year-old daughter, Crystal, to the grand jury.

"A detective even went to my daughter's school, but they wouldn't let him in," Rivera said. Before the grand jury, the girl was asked if she remembered accompanying her mother to give out leaflets in 1996, when she was only 13.

"They asked her if I kept money in the house, if I had a safe," Rivera said. "They made her very upset."

At least Starr tried to turn only Monica Lewinsky's mother against her. This DA goes after kids.

Then there is the matter of Sandra Love and her sons. Love is Espada's deputy at the Soundview center. She has been his friend and ally for decades. Early this year, one of Johnson's prosecutors offered her attorney a deal in exchange for evidence against Espada.

Two of Love's grown sons, it turns out, had pending criminal cases. One faces a robbery charge in the Bronx, the other a shooting charge in Manhattan.

"He [the prosecutor] said that if I would testify against Pedro, they'd take care of my sons' cases." she said. "I love my sons, but I can't make crimes up just to save them."

Love refused the offer and was indicted along with Espada.

"I don't think anything specific was said to her," Johnson said when asked about the offer to Love. "What we usually tell people is, if they cooperate, we will make that known to the appropriate people."

Johnson also said he was not aware of the questioning of the 15-year-old girl, but he does encourage his assistants "to be aggressive in investigations."

Espada is not the only Bronx politician to claim he has been targeted by Johnson's office because he opposed the Democratic Party machine.

Former City Councilman Israel Ruiz claims that when he challenged Bronx Borough President Fernando Ferrer last year, the district attorney's office suddenly began probing some real estate deals he'd made.

Espada supporters say the party's recent backing of Johnson's wife, Dianne Renwick, for a Bronx civil court judgeship makes him beholden to the machine that put him in office.

Johnson angrily denied that.

"My wife's qualifications speak for themselves," he said.

Others point to Johnson's disparate handling of two politicians accused of lying about where they lived.

In 1994, a Johnson investigation revealed that Westchester lawyer Gerald Esposito broke the law when he claimed a friend's address in the Bronx to run successfully for Supreme Court. Johnson said he was exercising his discretion in not prosecuting Esposito, who had Democratic party backing.

A few months later, a Bronx Supreme Court justice dismissed a Johnson indictment of Community School Board 9 member Benjamin Ramos for a similar offense, blasting the district attorney's office for misleading the grand jury. Johnson appealed the decision and lost. Ramos did not have party backing.

THE ESPADA case is not political, Johnson told me.

"Every case is judged individually," Johnson said. "I've worked for 23 years to get a reputation for integrity. I'm not about to throw it out for an indictment of Pedro Espada."

Copyright 1998 Daily News, L.P.