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NY gov could face charge over World Series tickets

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08/27/2010 -

ALBANY, N.Y. (AP) - Gov. David Paterson could face a criminal charge over his testimony surrounding tickets he secured last year from the New York Yankees for the opening game of the World Series.

The state's former chief judge, acting as a special counsel, called Paterson's testimony ``inaccurate and misleading'' and has asked a district attorney to consider a perjury investigation.

That doesn't necessarily mean that Paterson, who rose to office in 2008 when Gov. Eliot Spitzer resigned amid a prostitution scandal, will ever be charged, though. Former prosecutors say perjury is a notoriously difficult charge to prove, if it's pursued at all.

``If everyone in that Capitol who lies is going to be charged with perjury, the district attorney better hire a lot more prosecutors,'' said David Grandeau, former head of the state's lobbying commission and a widely respected investigator of misconduct in a capital that's earned a national reputation for it.

In a report Thursday, former state Chief Judge Judith Kaye noted four of five of Paterson's tickets to the World Series opening game between the Yankees and the Philadelphia Phillies were paid for shortly afterward, following a press inquiry from the New York Post newspaper.

Kaye said there's a question whether the Democratic governor gave ``intentionally false testimony'' to the state Commission on Public Integrity about having written an $850 check in advance for two tickets.

However, Kaye said the perjury issue was ``clouded'' by the way Paterson's testimony was given, with the entries read aloud to the legally blind governor. If Paterson had personally examined the check used to pay for two tickets, which was not in his handwriting, that ``would have been obvious to the governor,'' she said.

Paterson's private attorney, Theodore Wells Jr., said Paterson didn't lie, and he noted Kaye's report doesn't recommend bringing charges or conclude Paterson intended to give false testimony.

``We are therefore hopeful that (Albany County District Attorney David) Soares will ultimately conclude that no criminal charges are warranted,'' he said.

Paterson eventually paid for the tickets, but the question is if he had always planned to and if testimony about the tickets was truthful.

Former Albany County prosecutor Paul DerOhannesian II, a defense attorney not involved in the Paterson case, called perjury ``a tough charge.'' But he added that ``certainly politicians and celebrities are more susceptible to these charges.''

He noted that a jury was deadlocked on all but one of 23 charges in the corruption case against former Illinois Gov. Rod Blagojevich, a charge of lying to the FBI. But he also said the Albany County district attorney, a Democrat, will have great discretion to decide if there's a basis for pursuing perjury against the governor, whose term ends Dec. 31, and if it's in the public's best interest.

In Paterson's case, DerOhannesian said ``there certainly is a basis ... many individuals get charged with less.''

Grandeau said getting the baseball tickets probably didn't violate state law because Paterson was acting as part of his official duties. But he said the stories that followed from the governor's chamber are most troubling.

``So if the governor did nothing wrong, deal with the public fallout of the governor taking free Yankees tickets,'' Grandeau said.

He noted, however, that a perjury case would be complicated because the case involves what check the legally blind governor was shown, what he had in his hand and what he had filled out.

Publicly handling the fallout was Paterson's communications director, Peter Kauffmann, who resigned shortly after, saying he could not ``in good conscience'' stay. He didn't respond to a request for comment Thursday.

The state Commission on Public Integrity staff recommended last week that Paterson be fined more than $90,000 in civil penalties for soliciting and accepting the tickets in violation of ethics law.

The Albany DA is separately reviewing the possible criminal case. Spokeswoman Heather Orth had no comment.

Paterson abandoned his bid for a full term shortly after this investigation began, saying he couldn't let the probe during a campaign distract him from the state's fiscal crisis. He also was and remains mired in low poll ratings.

This is just one of the scandals facing Paterson in a rocky term since he ascended to the office in March 2008. Paterson has escaped calls for his resignation over rumors of sex and drug escapades that were never proved and over his role and that of state police in a domestic violence case involving one of his longtime top aides.

Shortly after Paterson took office, he made a public airing of past marital infidelities when he and his wife were separated and of some drug use in his youth. He said he made the disclosures to avoid having his past used against him as governor.

Paterson, 56, spent more than 20 years in the state Senate as one of its most respected members even as he led the Democrats from minority status to the cusp of winning the majority, which Democrats did in the 2008 elections.

Kaye's investigators also found ``two apparently backdated checks and an apparently backdated cover letter'' sent to the Yankees to pay for tickets but concluded that does not warrant consideration of criminal charges. The evidence indicated the letter and checks were written by Paterson aide and friend David Johnson, who declined to cooperate with investigators.

Paterson had told commission lawyers that he had staff call to request tickets and did not pay for his own.

``This was the first game of the World Series,'' Paterson said. ``It's always a national event, like the Academy Awards or, you know, governor's state address or something like that.''

---

Associated Press writer Michael Virtanen contributed to this report.Copyright © 2005 The Associated Press. All rights reserved. The information contained in the AP News report may not be published, broadcast, rewritten or redistributed without the prior written authority of The Associated Press.


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Chiefs' Treen Green out for Sunday's game

How long Trent Green will remain sidelined is unknown. Coach Herm Edwards said Monday he will miss a second straight start Sunday when the Chiefs host the San Francisco 49ers.

A two-time Pro Bowler, Green was going into a feet-first hook slide when he was knocked unconscious by a thunderous, head-snapping hit from Cincinnati's Robert Geathers.

Oddsmakers at online sportsbook MySportsbook.com currently have the Chiefs listed as 7-point favorites versus the 49ers.

The 49ers got beat by Philadelphia 38-24 as a 6.5-point underdog last week. The combined score went OVER the posted over/under total (42.5).

Alex Smith completed 27-of-46 passes for 293 yards with a touchdown. Michael Robinson rushed for 29 yards and a pair of touchdowns on five carries.

The Chiefs lost 9-6 to Denver last week as an 11-point underdog. The combined score was well UNDER the posted over/under total (38).

Larry Johnson
rushed for 126 yards on 27 carries. Damon Huard completed 17-of-23 passes for 133 yards with no touchdowns and no interceptions.

To visit this online sports book got to MySportsbook.com for all your football betting needs.

MySportsbook.com: NFL draft - The NFC South


In part two of MySportsbook.com’s draft preview, we’ll take a look at a division that was extremely disappointing last season: the NFC South.  Many “experts” predicted the Panthers to represent the NFC in the Super Bowl, of course they could not even make the playoffs in an extremely weak NFC.  The Saints definitely made up for the disappointing seasons of their NFC South brethren by exploding out of no where en route to the NFC Championship game.  For the avid NFL gambler, it is imperative to pay attention to the NFL draft.  Although free agency gets a ton of publicity, the successful franchises build their teams around the draft.

1. New Orleans Saints
Who would have thought this time last year that the Saints would be the favorites to win the NFC South for the 2007 campaign?  New Orleans is loaded with firepower on the offensive side of the ball but with the exodus of Joe Horn they will most likely look to draft a WR on Day 1.  Despite having the NFL’s 3rd ranked pass defense last season, the Saints will most likely upgrade their CB’s with one of their first two picks. Other possibilities for the Saints will be TE and DT.  Because of where they will be selecting (27th), the Saints could go the “best available player” route which could net a LB.

Key additions: Eric Johnson TE, Troy Evans LB, David Patten WR
Key loses: Joe Horn WR,
Team needs: CB, WR, TE, LB, DT
Possible draftees: Aaron Ross CB Texas, Darrelle Revis CB Pitt, Ted Ginn Jr. WR OSU, Paul Posluszny LB PSU, Chris Houston CB Arkansas, Greg Olsen TE Miami

2. Carolina Panthers
Carolina was one of the biggest disappointments in the NFL last season.  With the signing of David Carr, expect the very first quarterback controversy to come out of Carolina if Jake Delhomme doesn’t rebound quickly from an average 2007 season. With veteran safety Mike Minter getting up there in age, they will look to draft a safety on Day 1 but probably not in the first round.  LB is another need with the loss of Chris Draft to go along with Dan Morgan’s concussion problems.  If TE Greg Olsen is still on the board, he might be too good to pass up despite their needs on the defensive side of the ball.

Key additions: David Carr QB
Key loses: Chris Draft LB
Team needs: LB, TE, S, OT
Possible draftees: Greg Olsen TE Miami, Patrick Willis LB Ole Miss, Paul Posluszny LB PSU, Levi Brown OT PSU

3. Atlanta Falcons
The Falcons were another NFC South team to have a disappointing 2007 season.  The Falcons have been plenty busy during the off season with plenty of players coming and going including a new head coach.  The Falcons were able to improve their draft position with the trade of coveted backup QB Matt Schaub.  High on the list of Day 1 needs will be a defensive end to replace Patrick Kerney and a hard hitting safety since Lawyer Milloy is nearing the end of his career.  With an additional 2nd round pick, the Falcons could attempt to trade up to acquire local product WR Calvin Johnson. 

Key additions: Joey Harrington QB, Toniu Fonoti OG, Joe Horn WR
Key loses: Justin Griffen RB, Patrick Kerney DE, Matt Lehr OG, Ashley Lelie WR, Matt Schaub QB
Team needs: DE, S, OT, WR, DT
Possible draftees: LaRon Landry S LSU, Amobi Okoye DT Louisville, Levi Brown OT PSU, Jamaal Anderson DE Arkansas, Alan Branch DT Michigan

4. Tampa Bay Buccaneers
Age really caught up to the Bucs last season.  The Bucs still have plenty of household names on defense in Ronde Barber, Simeon Rice and Derrick Brooks but the one thing those three have in common is unfortunately age.  It is imperative for the Bucs to get much younger, especially on the defensive side of the ball. Despite having bigger needs on the defensive side of the ball, WR Calvin Johnson is the most likely pick if he is still available when the Bucs pick at the four spot.  This would suit Bucs’ faithful just fine as Johnson is widely considered the top talent in the draft and it is a position of need for the Bucs.

Key additions: Jeff Garcia QB, Kevin Carter DE, Torrie Cox CB, Cato June LB
Key loses: Dewayne White DE, Sean Mahan OG
Team needs: WR, LB, DE, CB (Youth on defense!)
Possible draftees: Calvin Johnson WR Georgia Tech, Gains Adams DE Clemson, Jamaal Anderson DE Arkansas

It is never too early to start betting on the NFL. Log on to MySportsbook.com to checkout all of the NFL futures for the upcoming season.  On the clock: the NFC North

Odds to win the NFC South:
New Orleans Saints 8-5
Carolina Panthers 2-1
Atlanta Falcons 12-5
Tampa Bay Buccaneers 9-2    

Odds to win the NFC:
New Orleans Saints 13-2
Carolina Panthers 7-1
Atlanta Falcons 20-1
Tampa Bay Buccaneers 25-1

Odds to win the Super Bowl:
New Orleans Saints 18-1
Carolina Panthers 20-1
Atlanta Falcons 50-1
Tampa Bay Buccaneers 75-1

To visit this sportsbook get to MySportsbook.com for all your online sportsbook needs. Mysportsbook.com online sportsbook accepts Visa and Mastercard credit cards.