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Legislators call on governor to initiate investigation for potential removal of St. Lawrence County DA Rain

Posted 4/18/16

By JIMMY LAWTON CANTON – St. Lawrence County legislators voted 11-3 in favor of calling on the state to initiate an investigation for the potential removal of District Attorney Mary Rain at a …

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Legislators call on governor to initiate investigation for potential removal of St. Lawrence County DA Rain

Posted

By JIMMY LAWTON

CANTON – St. Lawrence County legislators voted 11-3 in favor of calling on the state to initiate an investigation for the potential removal of District Attorney Mary Rain at a services committee meeting Monday.

“St. Lawrence County Board of Legislators respectfully requests that the Governor of the State of New York, authorize and order an investigation to determine if the current district attorney possesses the demeanor, the ethical fitness and requisite judgmental ability and the integrity needed to fulfill the duties and responsibilities of a duly elected district attorney , and to make a determination of whether or not there are reasonable grounds to believe that crimes may have been committed by the district attorney," the resolution says.

Rain was not present at the meeting.

The vote followed a lengthy debate during which legislator David Forsythe and Chairman John Burke spoke in opposition of the resolution. Though both supported an investigation, they did not support much of the language included in the resolution.

The strongly worded resolution put forward by legislator Joseph Lightfoot revisited mishaps that have been alleged since Rain was elected to office in 2014.

“Since taking office her tenure has been marked by complaints of sexual harassment within the office environment, the loss of grant funded positions because of lack of oversight and attention to detail by the District Attorney, the firing and forced resignation of assistant district attorneys, one of which has resulted in a suite being brought against the county; the resignations of several other ADAs which have left the current office minimally staffed with inexperienced attorneys,” the resolution says. “ This recently resulted in allowing a law school graduate, not yet admitted to practice without 'immediate' supervision, to prosecute a felony grade case in St. Lawrence County Court, which was subsequently dismissed after which Me. Rain was publicly accused of fraud by the sitting county court judge.”

Forsythe cautioned his fellow legislators from acting in anger.

“I think we are being judge, jury and executioner here,” he said.

Forsythe acknowledged problems within the DA's office, but referred to much of the resolution as “grandstanding.” He also pointed out that some of the allegations against Rain, may be politically driven.

Burke also opposed much of the wording in the resolution. He said he did not believe the county legislators were qualified to determine whether or not Rain was “unfit” to do her job. He said such a determination should be made by more qualified individuals.

Legislator Travis Dann voted against the resolution as well.

But Lightfoot said the supporting information provided in the resolution helped drive home the reason the county was calling for an investigation.

“This isn't grandstanding. They call it documentation,” he said.

The resolution included references to recent statements that Rain planned to indict individuals she didn't like.

“Ms. Rain's tenure has been marked by continued failings, allegations of incompetence, short comings in the performance of her sworn duties, and now having an enemies list that she wants to use to silence and demoralize her critics, all of which bring dishonor upon not only the office of the district attorney, but County of St. Lawrence and its citizens as well.”

The resolution will likely resurface May 2 at the County Legislators meeting, where it would need to be approved by the legislature to become official.