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Tuesday, November 24, 2009

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Mark Sacha was fired from his job as assistant district attorney for "misconduct."
Mark Mulville / Buffalo News

Paterson adviser interviews Sacha

Conversation with former assistant DA focuses on conduct of Erie County DAs

News Staff Reporters

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Gov. David A. Paterson’s top legal adviser interviewed former Assistant District Attorney Mark A. Sacha in Albany on Thursday concerning allegations that two successive Erie County district attorneys gave a political pass on election law violations to Democratic operative G. Steven Pigeon.

Sacha would not comment on his approximately 90-minute Capitol meeting with Counsel to the Governor Peter J. Kiernan. But Paterson’s office on Oct. 9 said Kiernan would consider the charges that Sacha has levied as well as his request that Paterson appoint a special prosecutor.

Sacha, a 22-year veteran prosecutor, was fired Oct. 5 by Erie County District Attorney Frank A. Sedita III for “misconduct” after The Buffalo News reported the allegations Sept. 27.

Sacha maintains that Sedita and his predecessor, Frank J. Clark, refused to act on significant evidence of election law violations accumulated during the investigation of former West Seneca Supervisor Paul T. Clark’s campaign for county executive in 2007.

Sacha has charged that Sedita and Frank Clark failed to act because of their close personal and political relationship with Pigeon, who controls millions of dollars in contributions from billionaire B. Thomas Golisano’s Responsible New York political committee and determines who wins support from the state’s Independence Party.

Officials in state government have said that if the initial review raises further issues, Paterson could appoint State Attorney General Andrew M. Cuomo as a special prosecutor or some other person to investigate.

Special prosecutor appointments are rare in the state’s legal annals, and Sedita has steadfastly maintained that Sacha’s complaints rise nowhere near the level of such a move.

“Any time an assistant district attorney makes a public allegation, that’s not enough to trigger a special prosecutor,” Sedita said on Oct. 5.

Sedita and Clark have steadfastly denied any wrongdoing, as has Pigeon.

Both Clark and Sedita said they considered the investigation into Paul Clark’s race for county executive to be over.

Paul Clark and two associates took misdemeanor guilty pleas last December for hiding contributions. Sacha said there was still a case to be made against Pigeon and Clark’s brother, Timothy.

rmccarthy@buffnews.com and mbeebe@buffnews.com


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