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April 26, 2012PRESS RELEASE
Oneida County District Attorney Scott D. McNamara today announced the conclusion of theinvestigation into alleged Election Law violations associated with the 2011 Onondaga CountyRepublican Party primary process. The Oneida County District Attorney’s Office wasassigned as special prosecutor in this matter by order of Hon. James C. Tormey, III., datedDecember 19, 2011.Just as with a case originating within our own jurisdiction, this matter was evaluated and acharging decision made after taking into account various factors, including but not limited to:-The availability of evidence;-The reliability of such evidence;-The persuasiveness of such evidence;-The applicability of existing law to the conduct at issue;-The extent to which such evidence renders provable, each and everyelement of the applicable statute or statutes, and-Whether or not there is a reasonable likelihood of proving the guilt of thesuspect beyond a reasonable doubt, before a fair and impartial jury.After a thorough investigation and interviews with all relevant parties, this matter is closedwithout resort to criminal prosecution. While the investigation revealed certain irregularitiesand questionable conduct, it did not uncover clear criminality on the part of any individualwithin the scope of the investigation. In particular, the investigation found apparent violationsof the Onondaga County Republican Party’s internal rules and bylaws, resulting in atechnically flawed committee vote. Such apparent rules violations do not, within the contextof the facts of this investigation, rise to the level of criminal conduct. Additionally, theseviolations had no practical effect upon either the outcome of the committee vote or thesubsequent primary election. Moreover, any potential prosecution would be fatallycompromised by the necessity to rely upon a single fact witness with serious and substantialcredibility problems. It is the good faith belief of this office that even if an arguable criminalcharge could be substantiated from the available evidence, the same would never withstandscrutiny of trial. The ethical obligations of a prosecutor do not permit the bringing of criminalcharges on such insubstantial and specious bases.The decision reached today is not entered into lightly. It is without question that open, fair  primaries and elections are a critical prerequisite to a representative, democratic government,the laws of which serve the ends of justice and are reflective of the will of its citizenry.Crimes that seek to undermine the integrity of the election process are offenses that serve toweaken the very foundation upon which such a democratic society of laws is based.However, as prosecutors, we must operate within the confines of our ethical rules as well as
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