Monday, April 12, 2010


" This email and the email documenting NY's Secret Political Scandals were written for the last presidential primary.


In late March 1993, US Senator Daniel Moynihan (D-NY) nominated Patrick NeMoyer for US Attorney for the Western District of NY. In the very early evening of April 1, 1993, I called the Washington, DC offices of Moynihan and my two Illinois US Senators (Paul Simon and Carol Moseley Braun) to protest this nomination on the grounds that Buffalo needed an outsider and not another insider (like Dennis Vacco) as US Attorney. Since all three offices were closed, I left recorded messages.

All three US Senators were informed that the NYAG's office in Buffalo was fixing civil rights cases and manufacturing evidence against litigants and that they should check with both Mario Cuomo and Robert Abrams to verify my claims (since both were well aware of the corruption). I left my name and telephone number so they could contact me for further information. Both Moseley Braun and Simon sat on the Committee on the Judiciary.

After leaving these messages, I called Patrick NeMoyer at his home (716-662-5729) and informed him that I was protesting his nomination. He assured me that he would be different than Vacco--that I should send a file to him (if he became US Attorney) for a possible RICO investigation/prosecution.

I gave NeMoyer the benefit of the doubt and did not follow through on protesting his nomination.

NeMoyer was no different than Vacco as far as any investigation/prosecution and never responded despite his receiving info/files on two separate occasions.

I have the telephone bill substantiating these long-distance telephone calls as Cuomo, Abrams, Spitzer and many other politicians and their legal staff are well aware, having already seen this phone bill.

The following day, several conversations took place with senatorial aides in both Moseley-Braun's and Simon's offices who were responsible for judicial appointments. Much of this conversation centered on Mario Cuomo's knowledge of the corruption.

I was asked to send my information and documentation to both senators as well as the Committee on the Judiciary at Large.

Before files could be compiled, Mario Cuomo announced his withdrawal from consideration as a US Supreme Court Justice nominee on 4/7/93, claiming he wanted to devote himself to NY issues, i.e., the budget, etc.

This withdrawal was via a 4/5/93 letter to President Clinton--the same day Clinton returned to Washington, DC.

Immediately after Cuomo's announcement, the spin machinery went into overload. Both Cuomo and President Clinton have acknowledged a 4/1/93 late night call Clinton made to Cuomo from Air Force One--probably because there is some record of this call. This call was made after my leaving recorded messages and would have been received by Cuomo in the late PM hours of 4/1 or early AM hours of 4/2 in NY since Clinton was flying to Oregon and then Vancouver for some summit meeting.

The spin was that Clinton called Cuomo to let him know that he was still considering nominating Cuomo (not actually nominating Cuomo) and queried whether Cuomo was still interested.

Just idle chatter between the man with the most important job in the world and the governor viewed by Clinton as Mafia-like.

At the time of Cuomo's announcement that he was withdrawing his name, unnamed Clinton aides were spinning that they had been unsuccessful in the days immediately prior to 4/1 in contacting Cuomo to find out if Cuomo was still interested--that their repeated failures to contact Cuomo had resulted in Clinton's late night "casual chat" with Cuomo.

This spin is obvious and was designed to protect Clinton from anyone finding out later that he forced Cuomo to withdraw his name from consideration and Clinton's own knowledge of the reasons behind that removal.

Nobody lies to the President. I don't doubt that Clinton called Cuomo from Air Force One.

However, that call was not a "casual chat" but was most likely, instead, a profanity-laced conversation by an enraged Clinton demanding both an explanation from Cuomo and demanding that Cuomo remove his name from consideration.

Fact: Of all the numerous government agencies I have been forced to deal with in my quest for justice denied (which are too numerous to mention here) Governor Cuomo ran the most professional office of any agency--which was his downfall and which helped prove Cuomo's knowledge of corruption in Abrams' office.

His staff was always professional and courteous, they answered and returned phone calls immediately, and they responded in writing to letters sent to the Governor. My letters got the full attention of the Governor and either/or Cuomo's Director of Criminal Justice (John Poklemba) and the counsel to the Director of Criminal Justice (Sean Byrne) who responded on behalf of both Cuomo and the then Director of Criminal Justice (Richard Girgenti).

I have no doubt that Cuomo, himself, had his own investigation well before April 1, 1993.

The corruption in Abrams' office and Regan's office was no longer confined to the inner sanctums of both offices after I flooded the NY State Democratic Convention (held in May 1992) with proof of that corruption. (See below).

Cuomo, apparently in order to protect himself in any 1994 reelection bid, rid himself of his political liabilities (Abrams and Regan) by forcing their early resignations prior to starting his own bid for reelection. He took political steps to protect himself but did nothing to dismantle the machinery that allows corruption to flourish.

Politicians put themselves first, their party second, and their constituency last.

On a 4/11/93 WBBM-TV broadcast, Chicago commentator Irv Kupcinet reported "that contrary to what Mario Cuomo was claiming, a Washington insider had informed him that Cuomo did not voluntarily remove his name but was forced to remove his name".

Kupcinet's inside Washington source can be traced to his long-time friend, i.e., Senator Paul Simon. Simon had returned to Illinois for a series of town hall meetings and both he and his wife had socialized with Kupcinet and his wife (having dinner together) after Cuomo's 4/7 announcement and prior to Kupcinet's 4/11 broadcast according to newspaper articles. Newspapers also reported that Moseley-Braun did not attend the town hall meetings because she stayed in Washington, ill with the flu.

Additionally, Simon was a known leaker, having allegedly leaked information during the Clarence Thomas confirmation hearings .

The spin never stops. In George Stephanopoulos' memoirs of his White House years, he wrote that Andrew Cuomo contacted him repeatedly in June 1993 claiming that his father had possibly changed his mind and wanted to be reconsidered.

Stephanopoulos also wrote that Mario Cuomo called him to inform him that he was declining any nomination just 15 minutes before Clinton was scheduled to call Cuomo to offer him the nomination.

There was no way Cuomo would ask to be reconsidered or that Clinton would ever reconsider nominating Cuomo since both already knew that Cuomo could never be confirmed. Nothing had changed since April 1993.

Clinton nominating Cuomo would only expose the NY scandal both wanted to keep hidden.

Andrew Cuomo's calls, if made, were just more spin most likely meant to quell any rumors circulating about his father's removal.

His calls (and I believe they occurred) give credence to any allegation that he, as NYAG, will compromise any future negotiated settlements in lawsuits brought by the state of NY to protect the Cuomo name since his calls, if made, served only as a smokescreen to hide the real reasons for his father's removal from consideration.

One can reasonably surmise that his first priority as NYAG will be in protecting his father's legacy since he has already attempted to do so in the past.

Compromised settlements by the OAG would be a natural consequence in any litigation where the other side obtains damaging information re: the OAG and the real reasons behind Mario Cuomo's withdrawal. Just ask Eliot Spitzer.

It's possible that Stephanopoulos didn't know the true reasons for Mario Cuomo's April withdrawal--that he was being used by Andrew Cuomo. In later questioning by NYT reporter Robert McFadden, Mario Cuomo stated he didn't remember any last minute call to Stephanopoulos declining any nomination but "if George said it happened, it happened."

Again, Bill Clinton would never have reconsidered nominating Mario Cuomo just like Hillary Clinton, in the doubtful event that Hillary becomes President, would never consider him (if Cuomo wasn't too old now).

Only a person with a room temperature IQ who believes the Brooklyn Bridge is for sale and wants to buy it would believe that Mario Cuomo--the son of poor Italian immigrants and a man who prides himself on his intellectual gifts--didn't want to be a Supreme Court justice.

The job of Supreme Court Justice was tailor-made for him. With his ego, I'm sure he would have preferred to be Chief Justice though.


In early September 1993, Abrams announced that he was resigning his office effective December 31st to go into private practice. As with many corrupt politicians forced from office, he claimed he was doing so because of family/financial considerations.

In a 9/8/93 NY Times article written by Todd Purdum, Abrams discussed how his elder daughter's future college costs raised questions regarding his economic security and expressed concern about an empty nest and how much (quality) time he had left to spend with his two daughters--concerns that arose out of helping his older daughter fill out college applications over the Labor Day weekend.

These comments occurred despite he and his wife (who is independently wealthy) having wealth most of us can only envy. Abrams could probably afford to send a dozen kids to the most expensive colleges in the country.

His elder daughter still had a year before entering college so he could have finished the last year of his term without worrying about his monthly household budget.

His younger daughter was only seven years old. It is doubtful he was going to kick her out of the house in the near future so he and his wife could suffer the anguish of the empty nest syndrome. Additionally, remaining NYAG would have been much less disruptive to family life than being a US Senator or being a SEC Commissioner--a position that he had tried in vain to obtain prior to his announced resignation.

Cuomo didn't want Abrams as NYAG, the voters didn't want Abrams as US Senator, and Clinton (knowing about Abrams' corruption) didn't want Abrams as SEC Commissioner. Abrams had no choice except to go into private practice--and he accepted a position that most likely required travel to Eastern Europe and the Mideast--a job that caused even more family disruption than being NYAG.

I hope he took his family along on his foreign trips since he was allegedly so concerned about them. The reality is that he wasn't any more concerned about his family than Spitzer was when he was visiting prostitutes.

A NYAG who cares about his loved ones would have made sure there were no lingering scandals in his background that could come back to haunt him and embarrass his family and him.

I feel sorry for Spitzer's three daughters just as I would feel sorry for Andrew Cuomo's three daughters.

I already feel sorry for Andrew Cuomo's three daughters when they eventually find out about their father's well-publicized charges of adultery against their mother. How crass.

An unbiased reporter would have challenged Abrams' spin but, then, Todd Purdum was dating Dee Dee Myers, Clinton's former press secretary, whom he later married. Myers was still Clinton's press secretary at the time of Cuomo's removal.

Maybe Purdum was simply too lazy.

In this same article, Mario Cuomo praised Abrams saying Abrams had been the nation's leading state attorney general for years, a political leader of total integrity, complete commitment, and high principle, and that he would be missed for a long time.

A politician of integrity would have said good riddance to Abrams. Period. A politician of limited integrity would have wished Abrams well in his future endeavors. Period.

Talk about hypocrisy and lack of any integrity.

Only a person with a room temperature IQ who believes the Brooklyn Bridge is for sale and wants to buy it would believe that Robert Abrams resigned his office for financial/family considerations.


Message to Andrew:

Both your father and Abrams (and you) ignored the number one rule of politics. When a problem first comes to your attention, deal with it.

One never knows when the problem will come back and bite one in the ass.

Your father was unintentionally caught in the crossfire when I made a few simple calls protesting NeMoyer's nomination. It took less than one hour of my time to end his chances of ever being on the US Supreme Court--something I wasn't even attempting to do.

My sister and I had no personal animosity towards your father. We both wrote in his name for President in the Illinois primary in March 1992 and both of us still think he would have made a fine US Supreme Court Justice where he wouldn't have had to practice what he preached.

Initially, your father's only fault was that he looked the other way although, in retrospect, he did nothing to protect the citizens of NY and others who use the Courts in NY. Nor did he do anything to help me in my attempts to obtain justice denied.

At the time of the Illinois primary, I had only written to your father once.

I don't believe he is entitled to the legacy of the "Mario Cuomo Mystique" though. He is just another politician who looked the other way. In my letter to him dated September 15, 1993, I wrote him:

"Personally, I find your political usage of your Italian-American heritage manipulative, tiresome, and boring.

If you truly desire to serve the citizens of NY and others beyond your rhetoric, I would suggest that you remove that one foot that's still standing in Italy and place both your feet on American soil so that you can stand up firmly for American values and ideals."

After chasing Abrams for nearly five years--five years during which he ignored me and the charges I was making against the OAG--I flooded the late May 1992 NYS Democratic convention with evidence of his office's corruption--corruption that you have inherited by virtue of your current position.

All the US Senatorial candidates, your father, and 60 delegates chosen at random received abbreviated packages re: that corruption (13 pages).

Five county chairpersons (including John Marino, NYS Democratic Party chairman and your family's long-time close personal friend and father's political adviser) received extensive files sent certified mail that contained information and all the evidence the FBI had at its disposal.

By flooding the convention, Abrams' fate as NYAG and Regan's fate as NYS Comptroller were sealed because the corruption in their offices was no longer confined to the inner sanctums of their respective offices.

Incidentally, Steve Pagones received the same package the five county chairpersons
received before the start of his defamation suit against Al Sharpton, et. al.

He thought the delegate letter was a masterpiece and a brilliant move that must have really pissed off Abrams.

Pagones said that he always knew there was some scandal behind Abrams' early resignation and now he knew what it was.

Maybe this delegate letter will someday have an honored place in the state archives where it rightfully deserves to be.

In the cover letter of this mass mailing, I raised the issue of where the money was coming from that allowed NYAAG Patrick McCormack to engage in such extensive felonious conduct without any objections or exposure by either the plaintiff's attorney or the trial magistrate. I also noted that Illinois FBI agents who visited me at my home had raised the possibility of insurance fraud (in corruption cases one always follows the money).

Neither they nor I knew then that payoffs come directly from state funds. In this same letter, I also stated that Abrams was unfit to be NYAG and that it was time for Abrams to resign his office as NYAG. I also pointed out that Dennis Vacco would have major problems of his own if Rojicek v Cooley, et. al., ever got publicity/exposure outside of Buffalo.

Perhaps you can read your father's copy of the delegate letter or examine the entire file
John Marino received.

Incidentally, the files the five county chairpersons received included my initial letter to your father (Abrams also had received a copy).

Had your father and Abrams had any foresight at all, they would both have realized that I would be coming back to your father at a later date with a valid request for the Initiation of Articles of Impeachment against Abrams if Abrams continued to ignore me. In that first letter, I wrote that I knew that Abrams held a (constitutionally) elected office. Perhaps you should read this last sentence again.

Perhaps you should ask your father, too, what he would have done differently if he had another chance. Hopefully, you can learn from your father's mistakes.

In closing, I am again requesting that you motion the District Court in Bufflalo to set aside the judgment in Rojicek v Cooley, et al due to Fraud upon the Court by ANYAG Patrick McCormack and others.

Favorable judgments shouldn't be obtained through bribery of the trial judge and opposing counsel by the OAG. I have been adamant about the OAG motioning for a new trial and not me and I have no intention of ever changing my position about this since it is your side who colluded with my attorney, committed the criminal acts, and paid the bribes.

I simply testified truthfully 100% of the time.

Believe me when I say that my case was not the only case where the OAG paid off a judge and opposing counsel to win a favorable judgment.

I know a lot more now than I used to know. Patrick NeMoyer could have had a RICO prosecution against the OAG as you can verify by checking with him. Dennis Vacco could have also had a RICO prosecution.

You may also want to check with Denise Hartman, Assistant Solicitor General in your Albany Law Department, who argued the Appeal and easily recognized the fix that had occurred. She needed to distance herself ethically from the conduct of the magistrate and two trial attorneys, claiming she couldn't help me too much since the OAG could be sued. Her paycheck was more important to her, unfortunately, than seeing that justice was done.

Since there is no statute of limitations on murder, I am also requesting that you open or call for an independent investigation into the death of Angel Diaz and former NYAG Dennis Vacco's role in that death--there is not one iota of credible evidence that would support a finding of suicide. You might want to check with Eric Bjorneby and Andrew Moss re: how damaging the file that has become known as "The Vacco File" is beforehand.

In an article dated 9/6/96, NYT reporter Rachel Swarms quotes jail officials as saying that Diaz apparently stood on his bed, tying one end of the belt around his neck and the other around the bars and he hung himself by sitting on the bed.

Perhaps Dennis Vacco can demonstrate how a slender man like Diaz (who was approximately 5'8" according to Bjorneby and who very likely would have worn no more than a size 34 belt if he had a belt in his cell) can hang himself with that belt and still be sitting on his bed at the same time.

The length of the belt remaining (after one accounts for the circumference of the neck and the inches needed to tie that belt securely to cell bars) would not allow for any torque or suspension when one is sitting on a bed.

It defies the laws of physics. Both torque and/or suspension are necessary to accomplish the manner of suicide as described by jail officials. Additionally, the body--despite any inclination of the will--naturally fights for survival. Diaz had the freedom of his arms and legs that would have prevented any suicide.

You might want to research other suicides at Rikers Island. I couldn't find any that resulted by using a belt and I checked back years and years. Diaz was confined to a maximum security unit for high profile inmates.

Since politicians and prosecutors make their names on these high profile cases, special precautions are taken so these inmates don't die.

How could they get the publicity they seek otherwise? This need for publicity may even require a policy of no belts in maximum security units. Additionally, Diaz was not on suicide watch or considered suicidal at any time by jail officials.

The Gillespie family complained bitterly about Diaz laughing and obviously enjoying his fame and the limelight during a court appearance.

He was a nobody who became somebody as a result of his being a pawn in Pataki's protracted legal battle with Johnson.

Diaz was also a bully and bullies usually don't commit suicide or fit the psychological profile of persons who commit suicide.

I am also aware of the contents of the unsigned eleven page letter that authorities refused to reveal the contents of.

A much more reasonable and likely scenario was that Diaz was garroted or strangled by someone while he was unconscious or semiconscious. Jacqueline Lee stated there were no unusual bruises on the body that would indicate a struggle.

It's doubtful any toxicology tests were done since Dr. Lee was unaware of the political circumstance surrounding Diaz's death at the time of her examination.

Emergency medical technicians would not have had any questions upon their arrival since jail personnel claimed they checked on Diaz every ten minutes and made attempts to resuscitate him, therefore, contaminating any crime scene.

While you may conveniently dismiss the above as supposition, there is one undeniable fact. Diaz needed to die to save Vacco's political career. Again, the Vacco File is that damaging.

I would advise against using the NYSP for any investigation into Diaz's death or any investigation of those responsible for a cover up.

I can't begin to count all the crimes they (both defendants and witnesses) committed during my trial (in addition to the charges giving rise to my civil rights suit).

Captain Williams and Major Tordy performed the non investigation of my original charges (that led to Rojicek v Cooley, et. al.) and automatically found the charges against the NYSP defendants unwarranted without even talking to me or getting any statement from me.

For those familiar/unfamiliar with the sordid reputation of the NYSP, Captain Henry Williams is infamous for leading the raid on Cell Block D at Attica.

The Grand Jury investigating Attica wanted to indict both Williams and Tordy for perjury and obstruction of justice.

How ironic that Captain Williams, who will always be linked to the atrocities committed by the NYSP at Attica and the attempted cover ups of what actually occurred there, will forever be linked to NY's hidden political scandals through his initial cover up of my charges.

As you are already aware, your office represents the NYSP and commits crimes on their behalf when they are sued. I'm not surprised that you have just appointed Sharon McCarthy as special counsel in your investigation of Troopergate.

Ms. McCarthy worked under Mary Jo White at the same time the Southern District refused to investigate Diaz's death so it could protect the reputations of various politicians instead.

I hope Ms. McCarthy was not involved in the Morales and Mendez prosecution and its politically-motivated transfer to the Federal Court.

If you want your investigation to be credible, perhaps you should think about hiring me.

In reality, you need not even check with Denise Hartman, Eric Bjorneby, or Andrew Moss. The political fallouts that have occurred, an "alleged suicide" which could more aptly be described as a "political lynching" and the low ML settlement Spitzer obtained should be sufficient proof of your need to motion to set aside the judgment in Rojicek v Cooley, et. al.

Even easier, you only need to recall prior conversations with your father.

Since I emailed you over one year ago regarding much of the enclosed as well as other information, I feel I have given you more than an adequate grace period for you to follow the law. No Illinois resident should have to know the names of the last five NY attorneys general--Abrams, Koppell, Vacco, Spitzer, and Cuomo.

The one thread of commonality among them is that none of them deserved/deserve to occupy the office of NY Attorney General.

It's time for someone to bring honor to that office. One cannot even begin to fathom what occurs during a trial where the kitchen sink is the final prop and indignity to our justice system.

Like Watergate, New York Gate started with a burglary arrest, albeit a false arrest on planted evidence. Perhaps I should stop seeking justice denied and start looking for a publisher to sell my book rights to. I have so many stories to tell.

Only a person with a room temperature IQ who believes the Brooklyn Bridge is for sale and wants to buy it would believe that there will ever be a Cuomo Dynasty if you continue to fail to perform your responsibilities as NYAG according to law.

Marlene J. Rojicek ""