Thank God Frank Clark Is On His Way Out
Written by Matt Bova on November 21st, 2008
Outgoing District Attorney Frank Clark declined to investigate allegations of wrongdoing by Responsible NY, in direct violation of his oath of office.
Here are the reasons D.A. Clark gave for not investigating the matter in the Buffalo News:
“We are not equipped to handle something like this,” Clark said. “I would have to have a staff of accountants, and I simply don’t have the resources to do it.”
Mr. Clark cited his office’s investigation of former County Executive candidate Paul Clark as reason why he wouldn’t touch allegations of election fraud with a ten-foot-pole.
Elections laws are vague and Blair Horner of NYPIRG knows it:
Blair Horner, lobbyist for the New York Public Interest Research Group, called the laws “shredded with loopholes, unenforceable and unenforced.”
Since there is a lack of an investigation and Mr. Clark declined to comment on the merits of the allegations thereby leaving unresolved the issue or whether Responsible NY actually did something wrong, he did have this to say in the Buffalo News article:
“If the state is really serious about cleaning up these problems, it should have a task force or some independent unit to do it,”
Yes Mr. Clark, what we could use is some sort of unit that is headed by an attorney. Even better, this attorney could be elected by the people in his area. His job could be to investigate crimes with the police and then recommend to the justice system whether or not to go forward with an allegation. He could then prosecute those charged with said crime.
But alas, we don’t live in a perfect world where we have an office like that.
Perhaps this could be what finally brings the Hoyt vs. Pigeon feud to an end. As it matters not what side of the issue you fall on, since either you want Responsible NY to be put on trial, or you want the allegations to be named baseless. Mr. Clark’s decision to run from the issue is a slap in the face to everyone.
While Mr. Clark’s decision effectively drops actual prosecution in Erie County against Responsible NY, the Media War can still remain due to the non-resolution of the issue.
“The good news is that both the Monroe County and Erie County DAs did not close the door,” [Hoyt Aide Jeremy] Toth said.
But Tom Golisano and Responsible NY Co-chairs Laureen Oliver and Steve Pigeon all restated that this was only one battle in the larger war.
Mr. Golisano chose to point out (perhaps rightly so) that Mohr’s motivation was due to the assistance Responsible NY was giving to Joe Mesi in his race against Mike Ranzenhofer.
Steve Pigeon backed him even adding that the investigation was dropped because there wasn’t anything to investigate:
“What they did was a publicity stunt in the midst of a hotly contested race — selectively looking at one election for political reasons”
“There is nothing to pursue because we have followed the regulations as we were supposed to.”
And Laureen Oliver reiterated that Responsible NY will continue pursing its own complaints against both Elections Commissioners Dennis Ward and Ralph Mohr.
“This is beyond their scope of authority,” she said. “This was strictly political. It was an abuse of power, and it continues to be an abuse of power.”
