Paterson probe

A special prosecutor's investigation into Gov. David A. Paterson's intervention in a domestic violence case on behalf of an aide cleared him of criminal wrongdoing but fell well short of vindicating the governor.

Retired Court of Appeals Chief Judge Judith S. Kaye said the governor's action did not rise to the level of witness tampering or other criminal offense when he contacted a woman claiming she had been assaulted by Gov. Paterson's aide, David Johnson.

Sheer-Una Booker has claimed that Mr. Johnson choked her, threw her against a mirror and tried to tear off her Halloween costume last Oct. 31.

Gov. Paterson, members of his state police security detail and other administration officials contacted Ms. Booker, which may have influenced her to stop pursuing legal action against Mr. Johnson.

Judge Kaye criticized Gov. Paterson for contacting the woman, which he said he had done to determine how she was doing and not to dissuade her from filing criminal charges.

Gov. Paterson did not attempt to confirm reports that an order of protection had been issued, Judge Kaye noted in her report. The governor ordered his communications director to prepare a statement denying the order existed, which led to the director's resignation.

The governor also phoned Ms. Booker asking her to help him because some reports were making it appear that he had caused her to drop the legal action.

Gov. Paterson later had an aide draft a false statement for Ms. Booker to sign claiming there was "nothing acrimonious" in her breakup with Mr. Johnson. Questioned whether he considered that to be an accurate statement, Gov. Paterson told investigators that "it was neither" but a "statement designed to get the media off my back." In other words, he was looking out for himself.

Judge Kaye concluded, "It is hard to reconcile this conduct with the governor's expressed commitment to the cause of domestic violence prevention."

She said that "regardless of good-faith reasons on the part of the governor for the contacts that he initiated, these were errors in judgment."

Gov. Paterson can breathe a sigh of relief that he has been spared criminal charges, but that is about all he can salvage from Judge Kaye's report.