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Independent counsel rules governor’s actions not criminal

ALBANY – Former Chief Judge Judith Kaye, acting as Independent Counsel to the Office of the Attorney General, released her final "Report of Investigation into the Response by the New York State Police and Others to a Domestic Incident Involving David W. Johnson, an Aide to the Governor" , Wednesday.  The report finds that Gov. David Paterson and his advisors made errors of judgment, but nothing rises to criminal activity. 

The investigation focused on whether members of the State Police or Executive Chamber personnel, including the Governor, interfered either with the New York City Police Department (“NYPD”) response to the October 31, 2009 incident or with Sherr-Una Booker’s subsequent pursuit of an order of protection against boyfriend David Johnson in Bronx County Family Court. The investigation examined the events of October 31, the NYPD and Bronx County Family Court response to and handling of the incident, and subsequent State Police and Executive Chamber contacts with Booker.

The investigation included taking the sworn testimony of more than thirty witnesses (including Governor Paterson), interviewing other witnesses, and reviewing voluminous electronic and documentary evidence collected from more than forty entities and individuals.

The Independent Counsel finds no evidence that the State Police or the Executive Chamber interfered with the NYPD response to the October 31, 2009 domestic incident. However, evidence revealed errors in the NYPD response to the incident and errors in judgment following the incident by the head of the Governor’s State Police protection detail, by Johnson and another close aide to the Governor, and indeed by the Governor himself.