To the Attorney General of the State of New York: We, the undersigned citizens of the State of New York, hereby request that you prosecute Pedro Espada Jr. for bribe receiving in the second degree, a Class C felony. As you are aware, Mr. Espada was elected to the New York State Senate as a Democrat. On June 8, 2009, Mr. Espada, along with State Senator Hiram Monserrate, voted with the Republicans to install Mr. Espada as majority leader. On June 15, Mr. Monserrate rejoined the Democratic conference, leaving the State Senate deadlocked at 31 Democrats and 31 Republicans. Over the next month the State Senate split along party lines, with Mr. Espada acting with the Republicans to leave the chamber deadlocked at 31-31 and unable to pass legislation. On July 9, 2009, Mr. Espada announced that the Democrats had agreed to name him majority leader and that he would be rejoining the Democratic conference, lending his vote to the very initiatives he had prevented passage of as a Republican. It is clear that Mr. Espada has not had a sudden epiphany that led him to change his position on these issues. Rather, for the second time in 31 days, Mr. Espada's vote has been purchased with the office of Senate Majority Leader, a position which brings with it, among other things, a $40,000 stipend. New York Penal Law Section 200.11 provides as follows: "A public servant is guilty of bribe receiving in the second degree when he solicits, accepts or agrees to accept any benefit valued in excess of ten thousand dollars from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced." Mr. Espada's conduct clearly falls within the ambit of this statute. He has accepted a benefit: the position of Senate Majority Leader. The benefit is worth more than $10,000: it comes with a stipend of over $40,000. And he has accepted the benefit on the clear understanding that his "vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced." Given the strength of the case against Mr. Espada, there are only two conceivable reasons not to prosecute him. First, it may be that the Attorney General, who is widely seen as the front runner in the 2010 gubernatorial race, does not want to initiate a prosecution that will put him at odds with the leaders of his own party. We hope, and believe, that the Attorney General is not following Mr. Espada's lead by putting his own desire for political power and position above his duty to the people of the State of New York, and the office to which he has been elected. Second, it may be that Mr. Espada's conduct is simply viewed as politics as usual, and therefore not criminal, despite the language of the statute. That attitude is precisely why Mr. Espada must be prosecuted for his actions. The idea that politicians may use their elected office primarily as vehicles for personal advancement, rather than public service, has flourished for too long in this state. Even if Mr. Espada were somehow to avoid conviction for his crimes - and we do not believe that he would - it is past time for the People of the State of New York to demand from its public servants that they actually serve the public, not themselves. That, Mr. Cuomo, is what we, the undersigned, have done in signing this Petition. And that, Mr. Cuomo, is what we demand that you do in prosecuting Mr. Espada. Sincerely, The undersigned citizens of the State of New York

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