Thursday, April 26, 2007

The Advocate
Richard Blassberg

United States Attorney Garcia Must Not
Let Down The People Of Westchester


United States Attorney, for the Southern District of New York, Michael J. Garcia could not have known the colossal corruption that would be exposed when he published the toll-free number, 1-877-END-GRAFT, in The Journal News nearly a year ago. Even those close to Westchester politics, those thoroughly familiar with one or two branches of County Government, and the corrupt goings-on over the years, will likely be surprised by the enormity and the inclusiveness of the network of corruption and crime that will be revealed if Garcia and his “untouchables” take the time and the care to root it all out.

As Mr. Garcia has begun to understand, only too well, Westchester has been a “Beehive of Corruption” and, for twelve years, Jeanine Pirro was the “Queen Bee”. If the United States Attorney, and his investigative arm, the F.B.I., are to be faithful to their mandated mission they must eliminate all vestiges of the hive, the worker bees, who continue in their activities, even in the Queen’s absence.

However, one problem Mr. Garcia and his investigators must overcome involves their own prior, unwitting, cooperation with Mrs. Pirro as they, too, in a number of instances, got sucked into her unlawful and unconstitutional activities. We are not talking about mere guilt by association, as was the case when James Comey, former Yonkers resident, and first appointee to the United States Attorney’s Office for the Southern District of New York, by George W. Bush, back in 2001, assured everyone in the press and on television that he and his staff could trust Pirro and work with her. Comey had no hesitation making that statement despite the fact that his office, under MaryJo White, had successfully prosecuted and convicted Pirro’s husband Al for 38 counts of Tax Fraud, several counts of which, it was revealed at trial, Jeanine herself had committed, hands-on.

We are speaking about the critical involvement of federal authorities, the Justice Department and the F.B.I., in some of DA Pirro’s most egregious and unlawful prosecutions as in the DiSimone case, described by United States Court of Appeals Judge Calabresi as involving, “The worst Brady violations I have seen in twelve years on this bench.” In that case, Pirro got the F.B.I. to put two individuals into witness protection, Darren Mazzarella, and his bother Nick, in exchange for Darren’s knowingly false testimony against DiSimone, despite the fact that the Mazzarellas were in federal custody for two separate, unrelated murders. Unfortunately, the Di-
Simone unconstitutional prosecution was but one of several cases in which Mrs. Pirro succeeded in sucking federal authorities into her self-serving, unlawful prosecution machine.

Nevertheless, prior unwitting involvement with Mrs. Pirro’s unlawful prosecutorial misconduct should not prevent federal authorities from making a thorough exposure, and rooting out, of corruption at every level in Westchester. Anything less would be a betrayal of the public trust, and Attorney Garcia does not come off as the kind of public servant who cannot be trusted.

Given their history, and relationship to Pirro, certain targets would seem obvious, former State Senator Nick Spano, amongst them. Irrespective of the relationship he enjoyed for many years with her, his close association
with, and financial support of, individuals such as Zehy Jereis, Giulio Cavallo, Anthony Mangone, and other election fraudsters, flashes like a bright neon sign on Nick’s back, “Come check me out!”

His recent denials regarding Jereis, and the Yonkers Chamber of Commerce State Grant, are really pathetic, and must give other politicos who have cozied up to him, or worked hard for him, against candidates of their own party, sleepless nights and bad bowel movements.

Nicky and Jeanine had one of those co-dependent, dysfunctional relationships for a dozen years. She would cover up his election fraud, indeed, assist in it, as she did in 2004, and he would get judicial and other appointments approved by the State Senate for her. Naturally, much of what they did for each other required the cooperation of other power-players, Larry Schwartz, Giulio Cavallo, Reggie LaFayette, Tom Belfiore, and others, to pull off.

In some respects Westchester politics is less like other areas of the country, where partisan lines and party loyalty are more clearly defined, and play a more predictable role in election outcomes. By now Attorney Garcia is well aware that Westchester is run by a cabal, the center of which for a dozen years was DA Pirro, the one member who had the power to prosecute all the other members. Now, in Pirro’s absence, the center position has been occupied by Larry Schwartz, controller of the money, the jobs, the contracts, and the secrets. And, if asked, he will declare his ability to apprehend and prosecute his opponents through surrogates in law enforcement and the courts who are beholden to him.

Amazingly, despite the obvious presence of federal investigators, like so many sharks in local waters, Larry & Company somehow continue as before. Perhaps they feel impervious to scrutiny. Or, maybe they just can’t
help themselves. Of course, it’s always possible they’re making the mistake of not taking Michael J. Garcia too seriously.

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