Posted at: 08/29/2012 4:52 PM
| Updated at: 08/29/2012 6:19 PM
By: Bill Lambdin
ALBANY - Albany County District Attorney David Soares was first privately admonished for telling a Times Union editorial board that former Guilderland Police Chief Murley was engaged in a plea bargaining discussion, violating ethical restrictions.
Then he was privately admonished a second time for comparing the Signature pharmacists his office was prosecuting to fictional arch villain Tony Montana from "Scarface."
Details of the two separate admonishments were discussed in a deposition of Soares taken last Friday by lawyers suing Soares and Albany County on behalf of the Florida-based pharmacists. A transcript of the deposition has been placed in a federal court file made available to public inspection.
Both of the disciplinary occurrences would have stayed private if Soares hadn't complained in the media that Judge Herrick was handing the Signature five a "get out of jail free card" by dismissing their case and ruling that Soares' office could not re-file an indictment. Instead, Albany County would have to use a special prosecutor because of a conflict of interest between defending the civil lawsuit and prosecuting the plaintiffs criminally. That's when the earlier admonishments became public.
By the way, at the deposition Soares could not produce those two previous admonishments because he had shredded them.
"I think it is outrageous that David Soares would shred evidence in a case," said Lee Kindlon, who is opposing Soares in the Sept. 13 Democratic primary.
Soares invited WNYT to a media event to announce that three unions were supporting him in the election.
He walked off, ignoring questions about the deposition and the newly revealed information until we asked if that really was how he wanted to appear on the news. He then turned around.
"Have you ever heard of anyone with a lawsuit that is taking place comment on a lawsuit other than to refer all questions to an attorney?" Soares said.
Telephone calls to attorneys for Soares have not been returned.