New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 4 - Executive Orders (Mario M. Cuomo)
Section 4.165 - Executive Order No. 165: Requiring Attorney General to supersede District Attorney of Delaware County with reference to certain proceedings and the investigation of alleged acts of evidence tampering and perjury by employees or former employees of the Division of State Police. [*]
Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, the truthful, honest, fair, impartial and just enforcement of the law with respect to all citizens is essential to a free society; and
WHEREAS, the Division of State Police and Special Tompkins County District Attorney Nelson Roth, with the assistance of the Federal Bureau of Investigation, have developed evidence which has been used to prove or which may establish that certain employees or former employees of the Division of State Police fabricated fingerprint or other forensic evidence and testified falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power invested in them by the people of the State of New York threatens to compromise the credibility of the convictions in the underlying cases and threatens to undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these cases a comprehensive, centralized investigation of the existing evidence is necessary to ensure that public confidence in law enforcement is maintained and improved; and
WHEREAS, it is necessary that a single prosecutor possess sufficient multi-county jurisdiction to prosecute any and all cases of criminal misconduct discovered in the course of this investigation;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, including section six of the Executive Law, do hereby appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to examine and investigate any and all allegations or evidence that an employee or former employee of the Division of State Police fabricated or manipulated fingerprint or other forensic evidence or testified falsely in relation to any such evidence where such acts relate to an investigation or prosecution conducted in Delaware County.
Further, pursuant to article IV, section three of the Constitution of the State of New York, the provisions of subdivision two of section 63 of the Executive Law and the statutes and law in such case made and provided, I hereby require that the Attorney General of this State, attend in person, or by one or more of his assistants or deputies, a term or terms of the Supreme Court to be held, as appropriate, in and for the County of Delaware, and that he, in person or by said deputy, who I hereby request to be Nelson E. Roth, Esq., or by said assistants, appear before any grand jury drawn for any other term or terms of said court, and before any grand jury or grand juries which shall be drawn or which shall have heretofore been drawn for any other term or terms of said court, for the purpose of managing and conducting in said court and before said grand jury and said other grand juries any and all proceedings, examinations and inquiries and any and all criminal actions and proceedings which may be had or taken by or before said grand jury and grand juries concerning or relating to:
(a) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to the discovery, collection, custody, analysis, evaluation, identification or use by an employee or former employee of the Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to instances of perjury or suborning of perjury, falsifying or tampering with business or public records, offering a false instrument for filing or any other act amounting to official misconduct in connection with the requirement made hereunder; and
(c) any and all acts and omissions and alleged acts and omissions occurring heretofore or hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement; and that he conduct, manage, prosecute and handle such other proper actions and proceedings relating thereto as may come before said court and that he conduct, manage, prosecute and handle all trials at said terms of court, or any term of said court at which any and all indictments which may be found and which may hereafter be tried, pursuant to or in connection with this requirement, and in the event of any appeal or appeals or other proceedings connected herewith, to manage, prosecute, conduct and handle the same; and that in person or by his said assistants or deputy the Attorney General, as of the date hereof, supersede and in the place and stead of the District Attorney of the County of Delaware exercise all the powers and perform all the duties conferred upon you by statutes and law in such case made and provided and this requirement made hereunder, and that in such proceedings and actions the District Attorney of the County of Delaware shall exercise only such powers and perform such duties as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No. 165.1*
Requiring Attorney General to supersede District Attorney of Cortland County with reference to certain proceedings and the investigation of alleged acts of evidence tampering and perjury by employees or former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just enforcement of the law with respect to all citizens is essential to a free society; and
WHEREAS, the Division of State Police and Special Tompkins County District Attorney Nelson Roth, with the assistance of the Federal Bureau of Investigation, have developed evidence which has been used to prove or which may establish that certain employees or former employees of the Division of State Police fabricated fingerprint or other forensic evidence and testified falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power invested in them by the people of the State of New York threatens to compromise the credibility of the convictions in the underlying cases and threatens to undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these cases a comprehensive, centralized investigation of the existing evidence is necessary to ensure that public confidence in law enforcement is maintained and improved; and
WHEREAS, it is necessary that a single prosecutor possess sufficient multi-county jurisdiction to prosecute any and all cases of criminal misconduct discovered in the course of this investigation;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, including section six of the Executive Law, do hereby appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to examine and investigate any and all allegations or evidence that an employee or former employee of the Division of State Police fabricated or manipulated fingerprint or other forensic evidence or testified falsely in relation to any such evidence where such acts relate to an investigation or prosecution conducted in Cortland County.
Further, pursuant to article IV, section three of the Constitution of the State of New York, the provisions of subdivision two of section 63 of the Executive Law and the statutes and law in such case made and provided, I hereby require that the Attorney General of this State, attend in person, or by one or more of his assistants or deputies, a term or terms of the Supreme Court to be held, as appropriate, in and for the County of Cortland, and that he, in person or by said deputy, who I hereby request to be Nelson E. Roth, Esq., or by said assistants, appear before any grand jury drawn for any other term or terms of said court, and before any grand jury or grand juries which shall be drawn or which shall have heretofore been drawn for any other term or terms of said court, for the purpose of managing and conducting in said court and before said grand jury and said other grand juries any and all proceedings, examinations and inquiries and any and all criminal actions and proceedings which may be had or taken by or before said grand jury and grand juries concerning or relating to:
(a) any and all unlawful acts or omissions or alleged unlawful acts or omission by any person in relation to the discovery, collection, custody, analysis, evaluation, identification or use by an employee or former employees of the Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to instances of perjury or suborning of perjury, falsifying or tampering with business or public records, offering a false instrument for filing or any other act amounting to official misconduct in connection with the requirement made hereunder; and
(c) any and all acts and omissions and alleged acts and omissions occurring heretofore or hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement; and that he conduct, manage, prosecute and handle such other proper actions and proceedings relating thereto as may come before said court and that he conduct, manage, prosecute and handle all trials at said terms of court, or any term of said court at which any and all indictments which may be found and which may hereafter be tried, pursuant to or in connection with this requirement, and in the event of any appeal or appeals or other proceedings connected herewith, to manage, prosecute, conduct and handle the same; and that in person or by his said assistants or deputy the Attorney General, as of the date hereof, supersede and in the place and stead of the District Attorney of the County of Cortland exercise all the powers and perform all the duties conferred upon you by statutes and law in such case made and provided and this requirement made hereunder, and that in such proceedings and actions the District Attorney of the County of Cortland shall exercise only such powers and perform such duties as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No. 165.2 *
Requiring Attorney General to supersede District Attorney of Otsego County with reference to certain proceedings and the investigation of alleged acts of evidence tampering and perjury by employees or former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just enforcement of the law with respect to all citizens is essential to a free society; and
WHEREAS, the Division of State Police and Special Tompkins County District Attorney Nelson Roth, with the assistance of the Federal Bureau of Investigation, have developed evidence which has been used to prove or which may establish that certain employees or former employees of the Division of State Police fabricated fingerprint or other forensic evidence and testified falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power invested in them by the people of the State of New York threatens to compromise the credibility of the convictions in the underlying cases and threatens to undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these cases a comprehensive, centralized investigation of the existing evidence is necessary to ensure that public confidence in law enforcement is maintained and improved; and
WHEREAS, it is necessary that a single prosecutor possess sufficient multi-county jurisdiction to prosecute any and all cases of criminal misconduct discovered in the course of this investigation;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, including section six of the Executive Law, do hereby appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to examine and investigate any and all allegations or evidence that an employee or former employee of the Division of State Police fabricated or manipulated fingerprint or other forensic evidence or testified falsely in relation to any such evidence where such acts relate to an investigation or prosecution conducted in Otsego County.
Further, pursuant to article IV, section three of the Constitution of the State of New York, the provisions of subdivision two of section 63 of the Executive Law and the statutes and law in such case made and provided, I hereby require that the Attorney General of this State, attend in person, or by one or more of his assistants or deputies, a term or terms of the Supreme Court to be held, as appropriate, in and for the County of Otsego, and that he, in person or by said deputy, who I hereby request to be Nelson E. Roth, Esq., or by said assistants, appear before any grand jury drawn for any other term or terms of said court, and before any grand jury or grand juries which shall be drawn or which shall have heretofore been drawn for any other term or terms of said court, for the purpose of managing and conducting in said court and before said grand jury and said other grand juries any and all proceedings, examinations and inquiries and any and all criminal actions and proceedings which may be had or taken by or before said grand jury and grand juries concerning or relating to:
(a) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to the discovery, collection, custody, analysis, evaluation, identification or use by an employee or former employee of the Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to instances of perjury or suborning of perjury, falsifying or tampering with business or public records, offering a false instrument for filing or any other act amounting to official misconduct in connection with the requirement made hereunder; and
(c) any and all acts and omissions and alleged acts and omissions occurring heretofore or hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement; and that he conduct, manage, prosecute and handle such other proper actions and proceedings relating thereto as may come before said court and that he conduct, manage, prosecute and handle all trials at said terms of court, or any term of said court at which any and all indictments which may be found and which may hereafter be tried, pursuant to or in connection with this requirement, and in the event of any appeal or appeals or other proceedings connected herewith, to manage, prosecute, conduct and handle the same; and that in person or by his said assistants or deputy the Attorney General, as of the date hereof, supersede and in the place and stead of the District Attorney of the County of Otsego exercise all the powers and perform all the duties conferred upon you by statutes and law in such case made and provided and this requirement made hereunder, and that in such proceedings and actions the District Attorney of the County of Otsego shall exercise only such powers and perform such duties as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No. 165.3 *
Requiring Attorney General to supersede District Attorney of Tompkins County with reference to certain proceedings and the investigation of alleged acts of evidence tampering and perjury by employees or former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just enforcement of the law with respect to all citizens is essential to a free society; and
WHEREAS, the Division of State Police and Special Tompkins County District Attorney Nelson Roth, with the assistance of the Federal Bureau of Investigation, have developed evidence which has been used to prove or which may establish that certain employees or former employees of the Division of State Police fabricated fingerprint or other forensic evidence and testified falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power invested in them by the people of the State of New York threatens to compromise the credibility of the convictions in the underlying cases and threatens to undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these cases a comprehensive, centralized investigation of the existing evidence is necessary to ensure that public confidence in law enforcement is maintained and improved; and
WHEREAS, it is necessary that a single prosecutor possess sufficient multi-county jurisdiction to prosecute any and all cases of criminal misconduct discovered in the course of this investigation;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, including section six of the Executive Law, do hereby appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to examine and investigate any and all allegations or evidence that an employee or former employee of the Division of State Police fabricated or manipulated fingerprint or other forensic evidence or testified falsely in relation to any such evidence where such acts relate to an investigation or prosecution conducted in Tompkins County.
Further, pursuant to article IV, section three of the Constitution of the State of New York, the provisions of subdivision two of section 63 of the Executive Law and the statutes and law in such case made and provided, I hereby require that the Attorney General of this State, attend in person, or by one or more of his assistants or deputies, a term or terms of the Supreme Court to be held, as appropriate, in and for the County of Tompkins, and that he, in person or by said deputy, who I hereby request to be Nelson E. Roth, Esq., or by said assistants, appear before any grand jury drawn for any other term or terms of said court, and before any grand jury or grand juries which shall be drawn or which shall have heretofore been drawn for any other term or terms of said court, for the purpose of managing and conducting in said court and before said grand jury and said other grand juries any and all proceedings, examinations and inquiries and any and all criminal actions and proceedings which may be had or taken by or before said grand jury and grand juries concerning or relating to:
(a) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to the discovery, collection, custody, analysis, evaluation, identification or use by an employee or former employee of the Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to instances of perjury or suborning of perjury, falsifying or tampering with business or public records, offering a false instrument for filing or any other act amounting to official misconduct in connection with the requirement made hereunder; and
(c) any and all acts and omissions and alleged acts and omissions occurring heretofore or hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement; and that he conduct, manage, prosecute and handle such other proper actions and proceedings relating thereto as may come before said court and that he conduct, manage, prosecute and handle all trials at said terms of court, or any term of said court at which any and all indictments which may be found and which may hereafter be tried, pursuant to or in connection with this requirement, and in the event of any appeal or appeals or other proceedings connected herewith, to manage, prosecute, conduct and handle the same; and that in person or by his said assistants or deputy the Attorney General, as of the date hereof, supersede and in the place and stead of the District Attorney of the County of Tompkins exercise all the powers and perform all the duties conferred upon you by statutes and law in such case made and provided and this requirement made hereunder, and that in such proceedings and actions the District Attorney of the County of Tompkins shall exercise only such powers and perform such duties as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No. 165.4 *
Requiring Attorney General to supersede District Attorney of Broome County with reference to certain proceedings and the investigation of alleged acts of evidence tampering and perjury by employees or former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just enforcement of the law with respect to all citizens is essential to a free society; and
WHEREAS, the Division of State Police and Special Tompkins County District Attorney Nelson Roth, with the assistance of the Federal Bureau of Investigation, have developed evidence which has been used to prove or which may establish that certain employees or former employees of the Division of State Police fabricated fingerprint or other forensic evidence and testified falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power invested in them by the people of the State of New York threatens to compromise the credibility of the convictions in the underlying cases and threatens to undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these cases a comprehensive, centralized investigation of the existing evidence is necessary to ensure that public confidence in law enforcement is maintained and improved; and
WHEREAS, it is necessary that a single prosecutor possess sufficient multi-county jurisdiction to prosecute any and all cases of criminal misconduct discovered in the course of this investigation;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, including section six of the Executive Law, do hereby appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to examine and investigate any and all allegations or evidence that an employee or former employee of the Division of State Police fabricated or manipulated fingerprint or other forensic evidence or testified falsely in relation to any such evidence where such acts relate to an investigation or prosecution conducted in Broome County.
Further, pursuant to article IV, section three of the Constitution of the State of New York, the provisions of subdivision two of section 63 of the Executive Law and the statutes and law in such case made and provided, I hereby require that the Attorney General of this State, attend in person, or by one or more of his assistants or deputies, a term or terms of the Supreme Court to be held, as appropriate, in and for the County of Broome, and that he, in person or by said deputy, who I hereby request to be Nelson E. Roth, Esq., or by said assistants, appear before any grand jury drawn for any other term or terms of said court, and before any grand jury or grand juries which shall be drawn or which shall have heretofore been drawn for any other term or terms of said court, for the purpose of managing and conducting in said court and before said grand jury and said other grand juries any and all proceedings, examinations and inquiries and any and all criminal actions and proceedings which may be had or taken by or before said grand jury and grand juries concerning or relating to:
(a) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to the discovery, collection, custody, analysis, evaluation, identification or use by an employee or former employee of the Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to instances of perjury or suborning of perjury, falsifying or tampering with business or public records, offering a false instrument for filing or any other act amounting to official misconduct in connection with the requirement made hereunder; and
(c) any and all acts and omissions and alleged acts and omissions occurring heretofore or hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement; and that he conduct, manage, prosecute and handle such other proper actions and proceedings relating thereto as may come before said court and that he conduct, manage, prosecute and handle all trials at said terms of court, or any term of said court at which any and all indictments which may be found and which may hereafter be tried, pursuant to or in connection with this requirement, and in the event of any appeal or appeals or other proceedings connected herewith, to manage, prosecute, conduct and handle the same; and that in person or by his said assistants or deputy the Attorney General, as of the date hereof, supersede and in the place and stead of the District Attorney of the County of Broome exercise all the powers and perform all the duties conferred upon you by statutes and law in such case made and provided and this requirement made hereunder, and that in such proceedings and actions the District Attorney of the County of Broome shall exercise only such powers and perform such duties as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No. 165.5*
Requiring Attorney General to supersede District Attorney of Chenango County with reference to certain proceedings and the investigation of alleged acts of evidence tampering and perjury by employees or former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just enforcement of the law with respect to all citizens is essential to a free society; and
WHEREAS, the Division of State Police and Special Tompkins County District Attorney Nelson Roth, with the assistance of the Federal Bureau of Investigation, have developed evidence which has been used to prove or which may establish that certain employees or former employees of the Division of State Police fabricated fingerprint or other forensic evidence and testified falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power invested in them by the people of the State of New York threatens to compromise the credibility of the convictions in the underlying cases and threatens to undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these cases a comprehensive, centralized investigation of the existing evidence is necessary to ensure that public confidence in law enforcement is maintained and improved; and
WHEREAS, it is necessary that a single prosecutor possess sufficient multi-county jurisdiction to prosecute any and all cases of criminal misconduct discovered in the course of this investigation;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, including section six of the Executive Law, do hereby appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to examine and investigate any and all allegations or evidence that an employee or former employee of the Division of State Police fabricated or manipulated fingerprint or other forensic evidence or testified falsely in relation to any such evidence where such acts relate to an investigation or prosecution conducted in Chenango County.
Further, pursuant to article IV, section three of the Constitution of the State of New York, the provisions of subdivision two of section 63 of the Executive Law and the statutes and law in such case made and provided, I hereby require that the Attorney General of this State, attend in person, or by one or more of his assistants or deputies, a term or terms of the Supreme Court to be held, as appropriate, in and for the County of Chenango, and that he, in person or by said deputy, who I hereby request to be Nelson E. Roth, Esq., or by said assistants, appear before any grand jury drawn for any other term or terms of said court, and before any grand jury or grand juries which shall be drawn or which shall have heretofore been drawn for any other term or terms of said court, for the purpose of managing and conducting in said court and before said grand jury and said other grand juries any and all proceedings, examinations and inquiries and any and all criminal actions and proceedings which may be had or taken by or before said grand jury and grand juries concerning or relating to:
(a) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to the discovery, collection, custody, analysis, evaluation, identification or use by an employee or former employee of the Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to instances of perjury or suborning of perjury, falsifying or tampering with business or public records, offering a false instrument for filing or any other act amounting to official misconduct in connection with the requirement made hereunder; and
(c) any and all acts and omissions and alleged acts and omissions occurring heretofore or hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement; and that he conduct, manage, prosecute and handle such other proper actions and proceedings relating thereto as may come before said court and that he conduct, manage, prosecute and handle all trials at said terms of court, or any term of said court at which any and all indictments which may be found and which may hereafter be tried, pursuant to or in connection with this requirement, and in the event of any appeal or appeals or other proceedings connected herewith, to manage, prosecute, conduct and handle the same; and that in person or by his said assistants or deputy the Attorney General, as of the date hereof, supersede and in the place and stead of the District Attorney of the County of Chenango exercise all the powers and perform all the duties conferred upon you by statutes and law in such case made and provided and this requirement made hereunder, and that in such proceedings and actions the District Attorney of the County of Chenango shall exercise only such powers and perform such duties as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 9, 1993
Executive Order No. 165.6 *
Requiring Attorney General to supersede District of Attorney of Tioga County with reference to certain proceedings and the investigation of alleged acts of evidence tampering and perjury by employees or former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just enforcement of the law with respect to all citizens is essential to a free society; and
WHEREAS, the Division of State Police and Special Tompkins County District Attorney Nelson Roth, with the assistance of the Federal Bureau of Investigation, have developed evidence which has been used to prove or which may establish that certain employees or former employees of the Division of State Police fabricated fingerprint or other forensic evidence and testified falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power invested in them by the people of the State of New York threatens to compromise the credibility of the convictions in the underlying cases and threatens to undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these cases a comprehensive, centralized investigation of the existing evidence is necessary to ensure that public confidence in law enforcement is maintained and improved; and
WHEREAS, it is necessary that a single prosecutor possess sufficient multi-county jurisdiction to prosecute any and all cases of criminal misconduct discovered in the course of this investigation;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, including section six of the Executive Law, do hereby appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to examine and investigate any and all allegations or evidence that an employee or former employee of the Division of State Police fabricated or manipulated fingerprint or other forensic evidence or testified falsely in relation to any such evidence where such acts relate to an investigation or prosecution conducted in Tioga County.
Further, pursuant to article IV, section three of the Constitution of the State of New York, the provisions of subdivision two of section 63 of the Executive Law and the statutes and law in such case made and provided, I hereby require that the Attorney General of this State, attend in person, or by one or more of his assistants or deputies, a term or terms of the Supreme Court to be held, as appropriate, in and for the County of Tioga, and that he, in person or by said deputy, who I hereby request to be Nelson E. Roth, Esq., or by said assistants, appear before any grand jury drawn for any other term or terms of said court, and before any grand jury or grand juries which shall be drawn or which shall have heretofore been drawn for any other term or terms of said court, for the purpose of managing and conducting in said court and before said grand jury and said other grand juries any and all proceedings, examinations and inquiries and any and all criminal actions and proceedings which may be had or taken by or before said grand jury and grand juries concerning or relating to:
(a) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to the discovery, collection, custody, analysis, evaluation, identification or use by an employee or former employee of the Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to instances of perjury or suborning of perjury, falsifying or tampering with business or public records, offering a false instrument for filing or any other act amounting to official misconduct in connection with the requirement made hereunder; and
(c) any and all acts and omissions and alleged acts and omissions occurring heretofore or hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement; and that he conduct, manage, prosecute and handle such other proper actions and proceedings relating thereto as may come before said court and that he conduct, manage, prosecute and handle all trials at said terms of court, or any term of said court at which any and all indictments which may be found and which may hereafter be tried, pursuant to or in connection with this requirement, and in the event of any appeal or appeals or other proceedings connected herewith, to manage, prosecute, conduct and handle the same; and that in person or by his said assistants or deputy the Attorney General, as of the date hereof, supersede and in the place and stead of the District Attorney of the County of Tioga exercise all the powers and perform all the duties conferred upon you by statutes and law in such case made and provided and this requirement made hereunder, and that in such proceedings and actions the District Attorney of the County of Tioga shall exercise only such powers and perform such duties as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: February 22, 1993
Executive Order No. 165.7 *
Requiring Attorney General to supersede District Attorney of Orange County with reference to certain proceedings and the investigation of alleged acts of evidence tampering and perjury by employees or former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just enforcement of the law with respect to all citizens is essential to a free society;
WHEREAS, the Division of State Police and Special Tompkins County District Attorney Nelson Roth, with the assistance of the Federal Bureau of Investigation, have developed evidence which has been used to prove or which may establish that certain employees or former employees of the Division of State Police fabricated fingerprint or other forensic evidence and testified falsely in relation thereto;
WHEREAS, abuse by police officers of the trust and power invested in them by the people of the State of New York threatens to compromise the credibility of the convictions in the underlying cases and threatens to undermine public confidence in law enforcement;
WHEREAS, due to the multi-jurisdictional nature of these cases a comprehensive, centralized investigation of the existing evidence is necessary to ensure that public confidence in law enforcement is maintained and improved; and
WHEREAS, it is necessary that a single prosecutor possess sufficient multi-county jurisdiction to prosecute any and all cases of criminal misconduct discovered in the course of this investigation;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, including section six of the Executive Law, do hereby appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to examine and investigate any and all allegations or evidence that an employee or former employee of the Division of State Police fabricated or manipulated fingerprint or other forensic evidence or testified falsely in relation to any such evidence where such acts relate to an investigation or prosecution conducted in Troop "F" of the Division of State Police.
Further, pursuant to article IV, section three of the Constitution of the State of New York, the provisions of subdivision two of section 63 of the Executive Law and the statutes and law in such case made and provided, I hereby require that the Attorney General of this State, attend in person, or by one or more of his assistants or deputies, a term or terms of the Supreme Court to be held, as appropriate, in and for the County of Orange, and that he, in person or by said deputy, who I hereby request to be Nelson E. Roth, Esq., or by said assistants, appear before any grand jury drawn for any other term or terms of said court, and before any grand jury or grand juries which shall be drawn or which shall have heretofore been drawn for any other term or terms of said court, for the purpose of managing and conducting in said court and before said grand jury and said other grand juries any and all proceedings, examinations and inquiries and any and all criminal actions and proceedings which may be had or taken by or before said grand jury and grand juries concerning or relating to:
(a) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to the discovery, collection, custody, analysis, evaluation, identification or use by an employee or former employee of the Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to instances of perjury or suborning of perjury, falsifying or tampering with business or public records, offering a false instrument for filing or any other act amounting to official misconduct in connection with the requirement made hereunder; and
(c) any and all acts and omissions and alleged acts and omissions occurring heretofore or hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement; and that he conduct, manage, prosecute and handle such other proper actions and proceedings relating thereto as may come before said court and that he conduct, manage, prosecute and handle all trials at said terms of court, or any term of said court at which any and all indictments which may be found and which may hereafter be tried, pursuant to or in connection with this requirement, and in the event of any appeal or appeals or other proceedings connected herewith, to manage, prosecute, conduct and handle the same; and that in person or by his said assistants or deputy the Attorney General, as of the date hereof, supersede and in the place and stead of the District Attorney of the County of Orange exercise all the powers and perform all the duties conferred upon you by statutes and law in such case made and provided and this requirement made hereunder, and that in such proceedings and actions the District Attorney of the County of Orange shall exercise only such powers and perform such duties as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: August 31, 1993
Executive Order No. 165.8 *
Requiring Attorney General to supersede District Attorney of Rockland County with reference to certain proceedings and the investigation of alleged acts of evidence tampering and perjury by employees or former employees of the Division of State Police.
WHEREAS, the truthful, honest, fair, impartial and just enforcement of the law with respect to all citizens is essential to a free society; and
WHEREAS, the Division of State Police and Special Tompkins County District Attorney Nelson Roth, with the assistance of the Federal Bureau of Investigation, have developed evidence which has been used to prove or which may establish that certain employees or former employees of the Division of State Police fabricated fingerprint or other forensic evidence and testified falsely in relation thereto; and
WHEREAS, abuse by police officers of the trust and power invested in them by the people of the State of New York threatens to compromise the credibility of the convictions in the underlying cases and threatens to undermine public confidence in law enforcement; and
WHEREAS, due to the multi-jurisdictional nature of these cases a comprehensive, centralized investigation of the existing evidence is necessary to ensure that public confidence in law enforcement is maintained and improved; and
WHEREAS, it is necessary that a single prosecutor possess sufficient multi-county jurisdiction to prosecute any and all cases of criminal misconduct discovered in the course of this investigation;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, including section six of the Executive Law, do hereby appoint Nelson E. Roth, Esq., of Ithaca, New York as a special investigator to examine and investigate any and all allegations or evidence that an employee or former employee of the Division of State Police fabricated or manipulated fingerprint or other forensic evidence or testified falsely in relation to any such evidence where such acts relate to an investigation or prosecution conducted in Troop "F" of the Division of State Police.
Further, pursuant to article IV, section three of the Constitution of the State of New York, the provisions of subdivision two of section 63 of the Executive Law and the statutes and law in such case made and provided, I hereby require that the Attorney General of this State, attend in person, or by one or more of his assistants or deputies, a term or terms of the Supreme Court to be held, as appropriate, in and for the County of Rockland, and that he, in person or by said deputy, who I hereby request to be Nelson E. Roth, Esq., or by said assistants, appear before any grand jury drawn for any other term or terms of said court, and before any grand jury or grand juries which shall be drawn or which shall have heretofore been drawn for any other term or terms of said court, for the purpose of managing and conducting in said court and before said grand jury and said other grand juries any and all proceedings, examinations and inquiries and any and all criminal actions and proceedings which may be had or taken by or before said grand jury and grand juries concerning or relating to:
(a) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to the discovery, collection, custody, analysis, evaluation, identification or use by an employee or former employee of the Division of State Police of fingerprint or other forensic evidence;
(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person in relation to instances of perjury or suborning of perjury, falsifying or tampering with business or public records, offering a false instrument for filing or any other act amounting to official misconduct in connection with the requirement made hereunder; and
(c) any and all acts and omissions and alleged acts and omissions occurring heretofore or hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement; and that he conduct, manage, prosecute and handle such other proper actions and proceedings relating thereto as may come before said court and that he conduct, manage, prosecute and handle all trials at said terms of court, or any term of said court at which any and all indictments which may be found and which may hereafter be tried, pursuant to or in connection with this requirement, and in the event of any appeal or appeals or other proceedings connected herewith, to manage, prosecute, conduct and handle the same; and that in person or by his said assistants or deputy, the Attorney General, as of the date hereof, supersede and in the place and stead of the District Attorney of the County of Rockland exercise all the powers and perform all the duties conferred upon you by statutes and law in such case made and provided and this requirement made hereunder, and that in such proceedings and actions the District Attorney of the County of Rockland shall exercise only such powers and perform such duties as are required of him by the Attorney General or said deputy so attending.
Signed: Mario M. Cuomo
Dated: November 5, 1993
Executive Order No. 165.9 "
Authorizing payment of costs incurred by special prosecutors and district attorneys for the investigation and prosecution of cases arising from alleged acts of evidence tampering and perjury by employees or former employees of the Division of State Police.
WHEREAS, the investigation and prosecution of all cases involving the corrupt actions of police officers is necessary to ensure the administration of justice and the restoration of public confidence in the criminal justice system;
WHEREAS, an appropriate mechanism must exist to facilitate the retrial of cases overturned on account of crimes committed by police officers; and
WHEREAS, an appropriate method must exist to finance costs incurred in the context of such investigations and prosecutions;
NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, including section six of the Executive Law, do hereby authorize payment to special prosecutors and district attorneys appointed or employed under County Law section 701 or 703 for expenses incurred in the investigation, prosecution or re-prosecution of any case stemming from, arising out of, or related to allegations involving the fabrication of fingerprint or other forensic evidence by employees or former employees of the Division of State Police where the fabrication was subject to the investigations authorized by my prior Executive Orders.
Signed: Mario M. Cuomo
Dated: July 22, 1994
Footnotes
* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
[DAGGER] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
