Letter: Spitzer Probe Details Leaked

A prosecutor said he found evidence the executive director of the Public Integrity Commission leaked confidential information to Gov. Eliot Spitzer's administration during his investigation of the executive chamber, but the Spitzer-created commission refused to act on it, according to letters obtained this week.

“We have secured evidence which supports the allegations,'' Albany County District Attorney P. David Soares stated in a Feb. 26, 2008, letter to the state commission's chairman obtained by The Associated Press. The letter is the first statement in which Soares said he had evidence that Herbert Teitelbaum had inappropriate contact with Spitzer aides during the probe of the administration's role in a political plot to discredit Spitzer's chief rival.

Two people outside government confirmed state Inspector General Joseph Fisch is still investigating Soares' claim that Teitelbaum was leaking information. The two people, who spoke on condition of anonymity because they weren't authorized to talk about the probe, said a report is expected in coming weeks.

Fisch spokeswoman Kate Gurnett declined comment.

“We believe that Mr. Teitelbaum's continued involvement in this matter could compromise the integrity of the commission's investigation,'' Soares wrote in the Feb. 26, 2008, letter to Commission Chairman John Feerick, who retired on Thursday.

Three days later, Soares wrote Feerick again.

Soares quoted Feerick's response, in which the commission chairman said the panel had “the highest confidence in Mr. Teitelbaum's ability to lead the commission's investigation of the current matter involving the executive chamber.''

Soares said that response compelled him to seek “independent counsel to advise us on our ethical obligation.''

Soares states the evidence of Teitelbaum's contact with the administration would indicate “at a minimum ... an appearance of impropriety.''

In the letters, Soares does not say what the evidence is.

Public Integrity Commission spokesman Walter Ayres had no immediate comment.

The letters concern one of several investigations dating to 2007 in which top Spitzer aides were accused of misusing state police to provide and in some cases recreate travel records of former Senate Republican leader Joseph Bruno. The records tracked Bruno's use of state aircraft on days he attended GOP fundraisers and were released to a reporter in Bruno's district.

Spitzer was never implicated. The aide who still has a case pending against him, former Communications Director Darren Dopp, had said he was following orders from Spitzer, but that the Public Integrity Commission created by Spitzer had refused to pursue that.

In July, four former Spitzer staffers were accused by the commission of trying to smear Bruno. They have all left state government. Dopp is the last case and could face a $10,000 fine for violating public officers' law.

Copyright AP - Associated Press
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