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St. Lawrence County DA Rain says judge's restraining order won't stop her from other probes of county officials

Posted 7/16/14

By CRAIG FREILICH St. Lawrence County District Attorney Mary Rain said Wednesday that a judge’s order restricting one part of her probe of county officials does not affect her look into another …

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St. Lawrence County DA Rain says judge's restraining order won't stop her from other probes of county officials

Posted

By CRAIG FREILICH

St. Lawrence County District Attorney Mary Rain said Wednesday that a judge’s order restricting one part of her probe of county officials does not affect her look into another aspect of her investigation.

And Rain expressed doubt the judge could appoint a special prosecutor, which the judge said is an option.

In response to an application by St. Lawrence County Administrator Karen St. Hilaire, state Administrative Judge Vito Caruso Tuesday issued a show-cause order telling Rain to explain why she shouldn't be disqualified from the investigation into the failure by county officials to apply in time for a grant. She was ordered to cease that investigation, and has until July 24 to convince the judge that she should continue leading the probe.

If she cannot persuade the judge that she should continue, Caruso said he plans to appoint a special prosecutor in her place.

In the meantime, Caruso has ordered Rain to stop conducting a grand jury investigation and “any action in furtherance of an investigation of misconduct, nonfeasance in neglect of public office” into allegations she has made against county officials in their apparent failure to reapply in time for grants to pay for victims’ advocate positions in the county.

But the judge’s order appears only to apply to Rain’s seeking information about misconduct in the failure to reapply for the grants, and not in her implication that county officials acted improperly when they used drug-case forfeiture money to pay for a microphone system for the county Board of Legislators’ meeting room.

“To be clear,” Rain said in an email statement, “the Order to Show Cause does not relieve the County Officials from their obligation to bring forward the records subpoenaed for the July 29th grand jury.” Those records, Rain says in her statement, are only applicable to her look into the transfer of funds for the microphones.

Rain questions why St. Hilaire included in her application to Judge Caruso a subpoena asking for those records on the transfer of funds when the judge’s order focused on the grant matter.

“The subpoena, which St. Hilaire released as part of her application, only requests records pertaining to forfeiture accounts and aid to prosecution accounts, and not the Victim’s Advocates grant. Yet, her entire motion to the court only addresses the Victim’s Advocates grant,” Rain said in her email statement.

And Rain said she doubts the judge will find the “rare circumstances” required to justify appointing a special prosecutor.

“As for the request to appoint a Special Prosecutor, the courts have litigated this matter time and time again, and the law is clear. An elected District Attorney cannot relinquish or assign his/her duties by law to a Special DA, and can only be removed from conducting a constitutionally embodied grand jury investigation under rare circumstances, none of which apply here. I’ve consulted with members of the District Attorney’s Association of New York on this matter, as well as other DAs place in a similar situation as this office, and they have all confirmed as much.”

Rain has said she is looking for misconduct among county workers who failed to apply in a timely manner for the victim’s advocates grant, which had been regularly re-applied for year after year.

And Rain’s investigation into the microphone purchase is looking at the authorization to use money forfeited by suspects in drug cases which Rain said is supposed to be used exclusively for law enforcement or prosecution purposes.

In a fashion that appears typical of her style, Rain’s statement began with strong aversion of her opposition.

“Aside from being completely unsubstantiated by any facts, the supporting papers in St. Hilaire’s application to the court are consistent with prior statements she has made to the media and the Board of Legislators, and based entirely on speculation, conjecture, and opinion,” Rain said.