In this ruling, a New York judge upheld Governor George Pataki's removal of the Bronx district attorney from prosecuting the case of a murdered police officer.
Justice Howard Silver of state Supreme Court dismissed District Attorney Robert Johnson's challenge to the governor, clearing the way for state Attorney General Dennis Vacco, whom the governor named to take over for Johnson, to continue prosecuting the case. Vacco plans to seek the death penalty against Angel Diaz, who is accused of killing Officer Kevin Gillespie during a shootout in the Bronx in March.
The governor removed Johnson from the case because he felt Johnson was not seriously considering seeking the death penalty in the case. He also contended that such a stance could undermine the whole death penalty statute, since defendants might challenge the law by arguing that it was not being enforced uniformly throughout the state.
Johnson sued, claiming he never ruled out the death penalty in the case and that the governor had overstepped his powers.
