New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.42 - Executive Order No. 42: Requiring the Attorney General to Supersede the District Attorney of Otsego County with Respect to the Prosecution of Gordon M. Mower and Others. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
TO: THE HONORABLE DENNIS C. VACCO THE ATTORNEY GENERAL OF
					 THE STATE OF NEW YORK STATE CAPITAL ALBANY, NEW YORK 12224
					 ..........................................................................
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 cases made and provided, I
					 hereby require that you, the Attorney General of this State, as you deem
					 appropriate and necessary after investigation, attend in person, or by one or
					 more of your assistants or deputies, a term or terms of the Supreme Court to be
					 held in and for the County of Otsego and that you, in person or by said
					 assistant or deputies, appear before any grand jury drawn for any 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 inquires and any and all criminal actions and proceedings
					 which may be had or taken or before said grand jury and grand juries and
					 proceedings which may be had or taken or before said grand jury and grand
					 juries concerning or relating to;
(a)
				  Otsego County indictment numbers 96-06, 96-07, 96-08, 96-09, 96-10, 96-12,
				  96-15;
(b) any and all unlawful
				  acts or omissions or alleged acts or omissions related to the killing of Susan
				  Mower and Gordon R. Mower and any involvement that Gordon M. Mower may have had
				  in those events;
(c) any other
				  alleged crimes or unlawful acts or omissions related to or committed incident
				  to these alleged crimes or unlawful acts or omissions, or discovered in the
				  investigation or prosecution thereof; and
(d) any and all acts or omissions or alleged
				  acts or 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 you conduct, manage, prosecute and
				  handle such other proper actions and proceedings relating thereto as may come
				  before 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 your assistants or deputies you, 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 such District Attorney by you or
				  your assistants or deputies so attending.
Pursuant to subdivision eight of section 63  of the
					 Executive Law, I also find it to be in the public interest to require that you
					 inquire into matters concerning the public peace, public safety and the public
					 justice with respect to the subjects which are within the scope of this
					 requirement, and I so direct you to do so in person or by your assistants or
					 deputies and to have the powers and duties specified in such subdivision for
					 the purposes of this requirement.
Pursuant to the provisions of subdivision two of section 63 
					 of the Executive Law, all expenses incurred by the Attorney General in relation
					 to the investigation and prosecution of the proceedings enumerated herein,
					 including the salary or other compensation of all deputies and assistants
					 employed shall be a charge upon the County of Otsego.
Signed: George E. Pataki
Dated: August 9, 1996