Lawyer: No wrongdoing by Paterson despite report of disputed statement in aide’s domestic case

By Michael Virtanen, AP
Friday, March 26, 2010

Lawyer: No wrongdoing by Paterson over statement

ALBANY, N.Y. — Gov. David Paterson’s attorney said Friday the governor has done nothing wrong amid a media report that he helped draft what would have been a misleading public statement about a top aide’s domestic violence case.

The New York Times reported Friday that Paterson told his press secretary on Feb. 16 the key points to include in a press release about a dispute between David Johnson and his then-girlfriend Sherr-una Booker last Oct. 31, including that it was not violent.

The newspaper, citing unnamed sources, reported that Booker refused to endorse the statement and told an intermediary that she would not participate in “a lie.”

The next day, Paterson issued a statement that instead said there was “no independent evidence presented that would substantiate any claims of violence committed by David Johnson against a woman.”

A week later, Paterson suspended Johnson and requested an investigation amid further questions about Booker’s specific allegations and contacts by Paterson and state police with her before she missed a court date.

Paterson’s attorney, Theodore Wells Jr., denied any wrongdoing by the governor.

“The governor has not done anything wrong, and he looks forward to the conclusion of (Former Chief Judge Judith) Kaye’s investigation,” Wells said responding to the Times report. He noted Paterson will answer all questions there.

Several administration officials have resigned since the incident, including Paterson’s deputy secretary for public safety, two top state police officials and the governor’s press secretary.

While Paterson has dropped plans to run for a full term this fall, he has said he intends to finish the year in office.

Oscar Michelen, Johnson’s lawyer, said Friday his client was never arrested or charged, remains suspended without pay with the investigation pending, and looks forward to Kaye’s report so he can move on. He said New York City police arrived at Booker’s Bronx home Halloween night and “made a determination there was no evidence a crime had been committed.”

Booker, 40, filed a police report saying Johnson had choked her, thrown her against a mirror and tried to rip her Halloween costume off. She appeared three times after that in Family Court, which issued an order of protection that wasn’t served, according to court records. There are varying accounts of why the order wasn’t served.

Johnson, 37, who had been living with Booker, moved out, Michelen said.

“The allegation is that there was an argument over a costume,” he said, but declined to discuss specifics.

The case was halted when Booker didn’t return to court Feb. 8, a day after a phone conversation with Paterson. The protection order was dismissed without prejudice, meaning she could seek to have it reinstated.

The attorney general’s office won’t comment on any aspect of its investigation, spokesman John Milgrim said.

Booker’s lawyer, Lawrence Saftler, declined to comment with the investigation pending.

Calls to Kaye were not immediately returned.

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