Someone Has to Take Ethics Lead (Cuomo)

CUOMO'S POWER PLAY
The New York Post by FREDRIC U. DICKER, State Editor

May 8, 2008 -- ALBANY - A furious Attorney General Andrew Cuomo yesterday demanded that the state Power Authority disclose who destroyed e-mail and BlackBerry messages involving Daniel Wiese, the agency's suspended inspector general and a central figure in the probe of political-espionage activities by the State Police. Cuomo also revealed that "back-up tapes" containing Wiese's deleted messages may exist at the authority, and he demanded in a letter that its president, Roger Kelley, produce them for his investigators. "During the course of our review of the materials produced by NYPA in response to subpoenas, we have learned that affirmative steps were taken by NYPA personnel to purposefully destroy responsive information, specifically e-mails on the BlackBerry of Daniel Wiese," Cuomo wrote. "This destruction took place on April 1, the day this investigation was announced in the media. In addition, it appears that NYPA's IT system deleted many past e-mails on Wiese's computer system.

"Undoubtedly, you appreciate the seriousness of this extremely troubling conduct," Cuomo continued, noting he had yet to decide "what specific action to take to address this conduct." Sources said Cuomo could seek criminal charges for obstructing an investigation or destroying state records. Cuomo also asked Kelley for a list "of any and all NYPA personnel involved in the deletion" of the records, and requested all e-mails relating to the activities of Laura DiMichelle - a Wiese friend and NYPA travel director - and Albert Swanson, Wiese's deputy.

Kelley spokeswoman Christine Pritchard pledged to "do everything in our power to get to the bottom of the matter and take appropriate action, including holding accountable any personnel who acted in an inappropriate manner." Cuomo's letter confirmed The Post's report Monday that Wiese's official computer was purged of potentially critical e-mail and other information. That happened shortly after Gov. Paterson authorized the attorney general to conduct a sweeping criminal probe of reports that a renegade State Police unit had engaged in political dirty tricks over several years. Wiese, a former State Police colonel and longtime friend of former Govs. George Pataki and Eliot Spitzer, became the PA's inspector general in 2003, but continued to exercise strong control over the State Police.

Early last night, the NYPA announced that, in light of Cuomo's letter, it had changed Wiese's status from suspended with pay to suspended without pay from his $180,000-a-year job.Wiese was linked by the Albany County District Attorney's Office to the Dirty Tricks Scandal last summer in which then-Gov. Spitzer used the State Police to gather purportedly damaging information on Senate Majority Leader Joseph Bruno (R-Rensselaer) and then leaked it to the press. Wiese has not responded to repeated requests for comment. fredric.dicker@nypost.com