Pataki Broadens Probe Of Hevesi, Trial By Senate
BY JOHN TOSCANO

Spitzer let it be known that if Pataki did not take steps to remove Hevesi, above, he would.

After a brief lull in Governor George Pataki's effort to remove state Comptroller Alan Hevesi from office, during which incoming Governor Eliot Spitzer said he intends to remove Hevesi, Pataki has stepped up his probe by giving his attorney in the case subpoena powers.

Following the two-week lull in the case, the governor signaled a more resolute pursuit of the embattled office holder from Forest Hills by creating a special Moreland Act Commission which will give attorney David Kelley power to subpoena witnesses and take testimony under oath.

The governor's action in strengthening Kelley's investigative powers appears to be laying the groundwork for Kelley to prosecute Hevesi before the state senate on charges he violated state law by having a state worker chauffeur the comptroller's wife for the past three years.

Earlier this month, Kelley, a former federal prosecutor, gave the governor a preliminary report which concluded that Hevesi had broken the law.

At that time, Kelley did not recommend that the governor proceed to a state senate trial. Although Pataki issued statements indicating that he was ready to recommend a trial, he also seemed to contradict himself by saying he could make that decision only after the senate adopted rules of evidence and the procedure which would be necessary to conduct the senate trial.

Meanwhile, Senate Majority Leader Joseph Bruno insisted he could not initiate Hevesi's trial unless the governor made the first move.

Last week, Spitzer let it be known that if Pataki did not take steps to remove Hevesi, he would, as soon as he is sworn in as the new governor in January.

Prior to Kelley's examination of the evidence against Hevesi, and also before Hevesi was re-elected on November 7, the state Ethics Commission issued a very damning report saying Hevesi had broken the law by assigning a state worker to chauffeur his wife, Carol, to hospital and doctor visits.

In addition to Kelley's investigation, an Albany grand jury is hearing evidence from that county's district attorney which could also result in an indictment being brought against Hevesi.

If Hevesi feels a senate trial is imminent, he might resign. The Assembly and senate, voting together as a unit, could vote to remove him. This procedure could give control over selecting his successor to the Assembly because it has many more members than the senate.