Governor Says He Will Testify In Ethics Investigation

ALBANY — Governor Spitzer said yesterday he will testify about what he knew of the scheme involving two top aides who used state police to track the whereabouts of the Senate majority leader, Joseph Bruno, during a campaign to smear the governor's political rival.

"I said I'm happy to, going to, look forward to it," Mr. Spitzer said during a press conference in Syracuse. "If they call me, I'd love to, and even if they don't, I'd love to send them my statement just because this needs to be clarified and made perfectly clear."

Mr. Bruno — and half of New Yorkers in three separate polls — said Mr. Spitzer should testify about what he knew of the plot to compile records on Mr. Bruno's use of a state helicopter and a state police driver on days he mixed state business with political fund-raisers. The information gathered by state police was then released to a reporter by the Spitzer operatives.

Mr. Spitzer has denied knowing anything about the scheme. He suspended Communications Director Darren Dopp without pay and transferred public safety deputy William Howard out of the governor's office when it was brought to light by Attorney General Cuomo's office on July 23.

Mr. Spitzer, however, has rejected the Senate Republican majority's call for a special prosecutor or referral to the State Investigations Commission or the Senate's investigations committee. As of late last week, the investigation was in the hands of the state Ethics Commission. A Spitzer spokeswoman, Christine Anderson, said Tuesday the governor has agreed to testify before that panel even though his counsel had advised two aides not to be interviewed during Mr. Cuomo's initial investigation.

But Mr. Bruno said an investigation by the ethics commission — a board that includes Spitzer appointees — "does not satisfy the people of New York state."

In a press conference in his district in Troy, Mr. Bruno called for the case to be referred to the state Investigation Commission or possibly to the Albany County district attorney, David Soares. If there is no independent investigation, the Senate Investigations Committee would do it as "a last resort" and has subpoena power, he said.

Formed in the 1950s to investigate organized crime and corrupt officials, the state Investigation Commission has broad powers. "All governmental bodies in the state are statutorily required to cooperate with and assist the commission in the performance of its duties," according to the commission's Web site. The commission also can grant immunity and hire independent investigators.

The SIC has two commissioners appointed by Mr. Bruno, two by Democratic Assembly Speaker Sheldon Silver, and two — including the chairman — by Governor Pataki.