Coroner: RFK Jr.'s estranged wife died from hanging
BEDFORD, N.Y. — Mary Richardson Kennedy, the estranged wife of Robert F. Kennedy Jr., died of asphyxiation due to hanging, the Westchester County medical examiner in upstate New York said.
Kennedy, 52, was found dead yesterday in an outbuilding in her home in Bedford, New York.
Kennedy's life had both highlights and troubled moments, just like other members of the famous political family she married into in 1994.
She was an architect who struggled with drug and alcohol abuse, and was the estranged wife of Robert Kennedy Jr.
The 52-year-old mother of four was found dead Wednesday, adding to the list of Kennedy family tragedies.
Her body was discovered at family property in suburban New York City. An autopsy for was scheduled for Thursday, and no cause of death had been released.
The former Mary Richardson married Robert Kennedy Jr., a prominent environmental lawyer and the son of Sen. Robert F. Kennedy and nephew of President John F. Kennedy, in 1994 aboard a boat in the scenic Hudson River Valley. The couple had four children, the youngest born in July 2001. Robert Kennedy Jr. also has two children from a previous marriage.
She was an architect and designer and had overseen the renovation of the couple's home into an environmentally advanced showpiece.
In a statement issued by Robert Kennedy Jr.'s chief of staff, the family said Mary Kennedy "inspired our family with her kindness, her love, her gentle soul and generous spirit.
"Mary was a genius at friendship, a tremendously gifted architect and a pioneer and relentless advocate of green design who enhanced her cutting edge, energy efficient creations with exquisite taste and style," the family said.
Her family cited her devotion to her children in remembering her.
"We deeply regret the death of our beloved sister Mary, whose radiant and creative spirit will be sorely missed by those who loved her," the family said in a statement issued by attorney Kerry Lawrence. "Our heart goes out to her children who she loved without reservation."
Mary Richardson had known the Kennedys for years, through her friendship with Robert Kennedy Jr.'s sister, Kerry Kennedy, whom she met at boarding school when they were teenagers. She had been Kerry Kennedy's maid of honor at her wedding in 1990 to now-Gov. Andrew Cuomo. The couple later divorced.
But recent years had seen darker moments.
She had had trouble with drugs and alcohol and had two high-profile arrests around the time her husband filed for divorce in 2010.
Kennedy was first arrested May 15 of that year on a charge of driving while intoxicated after a police officer reported seeing her drive her car over a curb near the family's Bedford home. Her only passenger was a dog, and police said she had a blood-alcohol level of 0.11 percent; the legal limit is 0.08 percent. Her license was suspended.
At the time of her sentencing, famous family and friends spoke in support of her.
Her mother-in-law, Ethel Kennedy, wrote in a letter that she "is a caring, nourishing mother who has nursed her four children through lifelong bouts of debilitating allergies," according to an account in the local newspaper, The Journal News, at the time.
Kerry Kennedy, in her letter, said, "When I look at my three daughters, my wish for them is that they are as blessed as I have been to have a companion, a confidante, a friend, like Mary Richardson."
Mary Kennedy was charged later that year with driving under the influence of drugs, but that charge was dismissed in July 2011 when a judge said the evidence showed she didn't know the medications she had taken would impair her ability to drive.
There were indications her troubles started earlier. In 2007, Robert F. Kennedy Jr. drove his wife to a hospital for treatment, but she resisted and ran from the car, according to the Journal News, which cited Mount Kisco police records.
"I remember she was acting kind of out of it, kind of crazy," a witness, Rae Kesten, told The Journal News in 2007. "She was running into the street and flailing her arms around. He was trying to restrain her. I didn't know if they were fighting or not, but I was concerned."
The unexpected death of another person connected to the storied Kennedy clan brought to mind the other sorrows the famous family has suffered.
Shopping in Bedford, Diane Glokler said, "I've always just thought that family is very tragic. They keep having tragic things happening to them. It's heart-wrenching."
Neighbor Leslie Lampert, who owns the Cafe of Love restaurant a short drive from the Kennedy home, said Mary Kennedy was "at all times just a lovely individual."
"She was community oriented," Lampert said. "She was always kind in our presence."
Another neighbor, Kim Fraioli, a trauma therapist who lives a few houses down from the Kennedys, said the family was private.
"We left them alone," Fraioli. "We didn't have any interaction. I think it's a tragedy. It's very sad for their family and the surviving children. My heart goes out to the family."
———
Associated Press writer Verena Dobnik contributed to this report.
Top $199,000? Show state why
ALBANY — The Cuomo administration rolled out regulations Wednesday designed to reel in salaries for some of the state's highest-paid human service and health care executives.
The plan would force top earners to apply for a waiver and justify their compensation if they earn more than $199,000 and their pay is in the upper 25 percent of compensation paid to executives in similar operations.
"The money should not be going into the pockets of bad actors," said Larry Schwartz, Gov. Andrew Cuomo's secretary, who laid out the plan during a briefing at the Capitol.
In his State of the State speech in January, the governor first raised the issue of salary caps. And while he spoke of limiting pay to $199,000, the actual plan focuses more on forcing executives who make significantly more than their peers to justify their compensation.
The regulations apply to both for-profit and nonprofit organizations that receive at least $500,000 in state funds and receive at least 30 percent of their revenues from the state.
Executives earning more than $199,000 could be paid from non-state funds as long as they were in the 75th percentile for comparable operations.
There are other potential waivers as well but overall the measure is designed to bring more accountability to state-funded providers.
The rule applies to organizations that get funding from any one of 13 state agencies, including the Department of Health and the Office for People with Developmental Disabilities.
Administration sources said much of the focus for the reforms will be on not-for-profit groups, which make up the bulk of New York's human services industry outside of state and local government.
Schwartz and others stressed that the rule is aimed at what they described as the few "bad apples" who have been gaming the system.
The plan, set to take effect Jan. 1, will also eventually establish a statewide database of how much executives at state-contracted groups are paid.
"It will be a one-stop approach," said Jeremy Creelan, special counselor to the governor.
The new rules aren't the first attempt by public officials to control executive salaries. The federal government has similar controls, at least for non-profits.
"The IRS requires 'fair and reasonable' compensation" for non-profits, said Lindsay Nichols, spokeswoman for Guidestar, an organization that tracks charitable giving and spending.
While there are no hard numbers attached to that rule, the IRS can levy fines if a non-profit executive is found to be getting an excessive salary.
The $199,000 figure is based on the top scale for most federal employees.
Hospital executives typically earn more than that salary. In the Capitol Region, for instance, annual hospital CEO compensation averages $603,000 according to a report in Becker's Hospital Review that was based on The Business Review's data derived from tax filings.
James Barba, who heads Albany Medical Center, is paid more than $1 million in salary and other compensation, records show.
Organizations that serve the disabled typically pay less, but there have been some outliers in that area as well.
In a 2006 report, the state Commission on Quality of Care found that the median CEO pay among 658 human service agencies that were surveyed was $117,000.
But according to a 2010 Times Union analysis of the data, 82 executives earned more than $200,000. Some had multiple retirement accounts and numerous perks including luxury cars and expense accounts used for trips and lavish meals.
Reaction to the Cuomo plan ranged from approval to caution.
"We recognize the governor's need to promote fiscal responsibility at every level, and we commend his efforts to pursue this in a rational and fair manner," said Jeff Wise, president and CEO of New York State Rehabilitation Association.
"While we continue to review this proposal, we appreciate this effort," said Heather Briccetti, president and CEO of the state Business Council.
"It is an important initiative and will help assure that state funds are well spent," she added
rkarlin@timesunion.com • 518-454-5758 • @RickKarlinTU
NYRA jousts with state
ALBANY — Two combatants continued fighting Wednesday, with the New York Racing Association contending it did nothing wrong by appointing a new president and the Cuomo administration claiming NYRA is lying.
NYRA released a statement indicating it isn't backing down from its decision to appoint Ellen McClain as its new president, a move that infuriated Gov. Andrew Cuomo.
The racing association "doesn't have the public's trust. ... That's what we have to change," Cuomo told reporters Wednesday in Syracuse.
NYRA didn't cower. Relying on the guidance of its outside counsel, Brendan V. Sullivan Jr. — a Washington, D.C. defense lawyer considered one of the top in the business — the association put out a statement saying the promotion of McClain came about at the direction of government regulators.
Sullivan, who has represented Marine Lt. Col. Oliver North, U.S. Sen. Ted Stevens and former New York Stock Exchange Chief Richard Grasso, would not take a reporter's call.
NYRA reacted to Cuomo freezing its video lottery terminal money — more than $3 million monthly — by saying the private not-for-profit made a sound business decision to appoint McClain and secretary Kenneth Handal to remain in compliance with NYRA's bylaws and to conform to the wishes of Racing and Wagering Board Chairman John Sabini.
Sabini fired back that he never told NYRA to appoint a president and secretary, but did urge it to promptly set up interim leaders after it had suspended Charles Hayward and Patrick Kehoe amid a racing board investigation that alleged the two men knew NYRA was cheating bettors by taking an extra percentage point for commissions. NYRA later fired the two.
Sabini attempted to allay concerns from the New York Thoroughbred Breeders that denying NYRA its VLT money would devastate breeding and racing. He said breeders will continue to get their share of the gambling proceeds and race purses won't be impacted while NYRA's operating capital funds are held by the Division of the Lottery.
"These actions will not prevent world-class racing from taking place at the Saratoga Race Course this summer," Sabini said.
NYRA added the suggestion that members of NYRA's board or McClain knew something about the excessive commissions being taken by NYRA is "innuendo" and "flawed."
jodato@timesunion.com • 518-454-5083 • @JamesMOdato
New lease on life for nuclear sites
TARRYTOWN — In the midst of a battle over extending the 40-year licenses of two nuclear plants near New York City, federal regulators are looking into whether such plants would be eligible for yet another extension.
That would mean the Indian Point plants and others around the county might still be running after reaching 60 years of age.
Bill Dean, a regional administrator for the Nuclear Regulatory Commission, said Wednesday the agency "is currently looking at research that might be needed to determine whether there could be extensions even beyond" the current 60-year limit for licenses.
He added, however, that there is no procedure in place yet for such an extension.
"That's ongoing research and my guess is it will be several years before we come to some determination," Dean said.
Jerry Nappi, a spokesman for Indian Point owner Entergy Nuclear, said the company's focus "is on this 20-year license renewal and I'm not aware of consideration being given yet to beyond that."
Dean spoke at a news briefing on the 2011 performance of Indian Point 2 and Indian Point 3 in Buchanan, about 35 miles from Manhattan. The plants again performed "within the expected regulatory bounds" and no special oversight is required, the NRC found.
Dean said the two plants underwent 11,000 hours of "inspection activities" last year.
The good grades from the NRC have not cut into the criticism of the plants or the fight to keep them from winning new licenses.
The current licenses expire in 2013 and 2015, although the plants will be allowed to keep running if the licensing procedure goes past their expiration dates.
Gov. Andrew Cuomo has opposed the new licenses, saying it's unsafe to have a nuclear plant in such a densely populated area. More than 17 million people live within 50 miles.
Environmental groups say the plants damage the Hudson River ecology by killing fish and warming the water.
The state has so far withheld a necessary water-use permit that Indian Point will need to keep running. Entergy is appealing.
More than a dozen specific complaints, known as contentions, will be considered during relicensing hearings expected to start in October.
Several plants have already won new licenses including Ginna and Nine Mile Point 1 plants in upstate New York.
Senate broadens shield for disabled
ALBANY — Quickly and with no debate, the state Senate on Wednesday passed Gov. Andrew Cuomo's legislative package designed to better protect the vulnerable and disabled from abuse and neglect.
The measure, which would set up a new agency to police care of the disabled, now heads to the Assembly.
Cuomo said passage of the law was his priority between now and the end of the legislative session, scheduled for June 21.
Sen. Roy McDonald, the Saratoga Republican who carried the bill for Cuomo, said after its passage the legislation "is the first step towards protecting individuals with disabilities from abuse and neglect in facilities across the state. It's our responsibility as elected officials to stand up for the state's most vulnerable residents."
McDonald has two grandsons with autism.
— Rick Karlin
Medical marijuana without societal pain?
ALBANY — New York can legalize medicinal marijuana without causing the sort of problems that have arisen in California, a Manhattan assemblyman said Wednesday.
Assemblyman Dick Gottfried announced that a bill doing so would be brought to a vote in the Democrat-dominated chamber this year. The legislation was advanced through the Health Committee, which he chairs, on Tuesday. The bill has never come up for a vote in the state Senate, where Republicans hold a bare majority, but has passed the Assembly twice.
"It's cruel to deny treatment to patients who are suffering or to turn them into criminals," Gottfried said.
Gov. Andrew Cuomo was previously opposed to legalizing medicinal pot, but more recently said he was "studying" the issue. Gottfried and state Sen. Diane Savino, a Staten Island Democrat who carries the bill in the Senate, said they have spoken to Cuomo's aides.
Studies by the University of California at San Diego show cannabis can be useful for coping with chronic pain. It is legal in 16 other states. Seventeen states — including New Jersey — and the District of Columbia allow medical marijuana, according to NORML, which advocates for liberalized marijuana laws.
Under the bill, marijuana would be available to patients who receive a doctor's prescription, which could only be issued for a "serious, debilitating or life-threatening" condition. Patients would need to register with the state, which would issue a card allowing them to possess up to 2.5 ounces at a time.
Marijuana would be dispensed at hospitals or pharmacies, but New Yorkers who live more than 20 miles from a licensed distributor could grow their own.
Scott Reif, a spokesman for Senate Republicans, said it was "unlikely" the bill would advance in the chamber.
Savino has just one formal co-sponsor, but said there is "significant support ... in both parties" based on conversations with her colleagues.
In California, marijuana shops have proliferated — even near schools — and it has been difficult for authorities to enforce existing laws.
Some prosecutors, including Warren County District Attorney Kate Hogan, believe legalizing marijuana for one reason might lead down a slippery slope.
"I'm very cautious," the Republican prosecutor said. "I have a grave concerns we would develop the exponential expansion beyond what was intended by statute, like in California. It's not a question of not wanting to provide comfort; it's the unintended consequence of the statute that gives me pause."
Other district attorneys support the measure, although the statewide association has no position.
A poll released Wednesday by the Siena Research Institute shows 57 percent of voters surveyed support legalizing medical marijuana.
jvielkind@timesunion.com • 518-454-5081 • @JimmyVielkind
RFK Jr.'s estranged wife dead
BEDFORD — Robert F. Kennedy Jr.'s estranged wife, Mary Richardson Kennedy, who had fought drug and alcohol problems, was found dead in her home Wednesday.
An autopsy for the 52-year-old was scheduled for Thursday, and no cause of death had been released.
In a statement issued by Robert Kennedy Jr.'s chief of staff, the family described Mary Kennedy as "a genius at friendship."
"Mary inspired our family with her kindness, her love, her gentle soul and generous spirit," the family said.
The former Mary Richardson, a longtime connection of the Kennedy clan, married Robert Kennedy Jr., a prominent environmental lawyer and the son of Sen. Robert F. Kennedy and nephew of President John F. Kennedy, in 1994. The couple had four children, the youngest born in July 2001. Robert Kennedy Jr. also has two children from a previous marriage. He filed for divorce in 2010.
Mary Kennedy was an architect and designer and had overseen the renovation of the couple's home into an environmentally advanced showpiece. Her family cited her devotion to her children in remembering her.
"We deeply regret the death of our beloved sister Mary, whose radiant and creative spirit will be sorely missed by those who loved her," the family said in a statement. "Our heart goes out to her children who she loved without reservation."
Bronx girl draws cheers as justice
NEW YORK — U.S. Supreme Court Justice Sonia Sotomayor came home to the Bronx Wednesday for New York University's commencement ceremony at Yankee Stadium, marveling at the circumstances leading to her return.
"This is awesome," Sotomayor told the 8,000 graduates in purple robes cheering from the stands behind home plate.
Sotomayor, who grew up in a housing project not far from the stadium, said that receiving their degrees there might not be so meaningful for students who are not from New York — or for "misguided" Mets fans like New York Times columnist David Brooks, a fellow honoree.
"Nothing in my childhood hinted to me that I would be in a position someday to stand on this field and speak to such a large crowd," Sotomayor said. "As a child I only saw the stadium on television when I watched baseball games next to my dad on the sofa."
Sotomayor and other dignitaries sat in a tent behind second base. She spoke after receiving an honorary Doctor of Laws degree; Brooks received an honorary Doctor of Humane Letters degree.
Sotomayor, the third woman and the first Hispanic justice on the Supreme Court, told the graduates that she loves New York City and all it has given her.
"I hope that you will always carry with you the excitement of your student days in the city," she said.
She concluded, "dream big and achieve much."
Cops: Pizzeria owner sold pills with pepperoni
WEST BABYLON — The owner of a Long Island restaurant has pleaded not guilty to charges he sold prescription pills along with pepperoni pizzas.
Francesco Miceli was arraigned Wednesday on charges he sold oxycodone hydrochloride pills to undercover police. Miceli was arrested at his West Babylon pizzeria on Tuesday night.
Defense attorney Carmelo Garufi said at the court hearing in Central Islip that his client maintains his innocence. The lawyer said his client had never been arrested before Tuesday night. Bail was set at $40,000.
Police say the arrest came after a three-month investigation.
Miceli, who is 50, lives in Rockville Centre.
— Associated Press
NY students treated after pepper spray discharged
SYRACUSE — Authorities say several Syracuse elementary school students have been treated after pepper spray was discharged on their school bus.
The Post-Standard of Syracuse reports (http://bit.ly/JvuG77 ) that emergency crews treated eight six students for eye irritation after the spray was discharged around 7:30 a.m. Wednesday morning while the bus was taking them to school.
There were about 30 students on the bus at the time. All were evacuated from the vehicle.
Syracuse police say one of the students discharged the pepper spray but officers were still trying to determine which one it was.
— Associated Press
DA: Woman raped by NYC neighborhood watch impostor
NEW YORK — Prosecutors say a New York City man posed as a neighborhood watch member to approach a woman who needed help and then raped her.
Ivan Ramos is being held on $500,000 bond. He pleaded not guilty Wednesday. His lawyer didn't immediately return a call.
The Manhattan district attorney's office says Ramos went up to the 29-year-old woman early on April 15. She was intoxicated and had lost her cell phone and cash.
Prosecutors say the 22-year-old Ramos falsely claimed he was with a watch group. They say he persuaded her to give him her bank card to help her withdraw cash for a taxi.
They say she then asked him to take her to a police station, but he led her instead to a nearby building stairwell and attacked her.
— Associated Press
Is Quebec power good for state?
ALBANY — There's a power struggle over power lines in the Hudson Valley.
And it has made for some strange bedfellows.
The cliches hold up in the debate over a proposal to build an underwater transmission line running though Lake Champlain and then down the Hudson River to bring electricity from Quebec's massive hydroelectric system to New York City.
On the one side is TDI, a company which is part of the Blackstone Group private equity and hedge fund. They say their proposed line will bring cheap, clean and badly needed power to the New York City area.
"The Champlain Hudson Power Express is an overwhelmingly positive project for the people of New York,'' said TDI President Donald Jessome. The company hopes to start the 1,000 megawatt line in three years.
Statewide, New York is a 40,000 megawatt electricity market.
There's opposition from a coalition of lawmakers, state power plant owners, and even an environmental group.
Critics contend that buying Canadian power would cost jobs in the state because it could speed the closure of some aging western and upstate New York plants. "Relying on foreign-generated power instead of upgrading in-state energy infrastructure does not put the interests of New Yorkers first," said Gavin Donohue, president and CEO of the Independent Power Producers, which represents in-state power plant operators.
Donohue noted many New York plants are running well under capacity but if they had more demand they could afford to modernize and upgrade. "We've got a ton of generation in the state," he said.
The fight has moved to the state Capitol where a bipartisan group of upstate senators said they were pushing a bill sponsored by western New York GOP Sen. George Maziarz that would block the project from using eminent domain laws.
Both sides claim their positions would save or create jobs: the power producers point out jobs at generating stations while TDI says the estimated $650 million in electricity cost savings would create more jobs overall.
Environmentalists appear split.
The League of Conservation Voters supports the plan — hydroelectric power creates less air pollution than coal, gas or oil-burning plants — and they like the idea of a submerged line.
The Sierra Club's Atlantic Chapter wants more solar and wind power. "It sets a bad precedent," said Roger Downs, the club's conservation director.
The state Public Service Commission, as well as federal Department of Energy and Army Corps of Engineer must decide on the project, Jessome said.
Gov. Andrew Cuomo in his state of the state address, didn't explicitly endorse TDI but he mentioned Quebec as a potential future source of electricity as well as the western New York plants.
'Stunt' alleged in ethics pursuit
ALBANY — Officials on Tuesday struck back at a Times Union article about the Joint Commission on Public Ethics' decision to pursue a complaint against state Sen. Tom Libous.
The Binghamton Republican was the subject of a complaint filed with JCOPE concerning allegations brought by a witness in an unrelated federal case. The witness, former attorney and felon Anthony Mangone, said the lawmaker had pressed for a job and an enhanced salary for his son, Matthew Libous, with Mangone's law firm.
James Odato reported on Tuesday that JCOPE is pursuing the complaint, citing sources familiar with a letter sent to Libous from the ethics panel.
"I'm sure (the complaint) is all garbage," said Senate Majority Leader Dean Skelos at a Tuesday news conference.
He noted that JCOPE's decision to open an investigation "is not supposed to be public" and that any improper disclosure of information would constitute a misdemeanor. "So whoever in JCOPE is leaking this is committing a crime," Skelos said.
He noted Binghamton Mayor Matt Ryan, a Democrat, first pushed for the inquiry. "If this is a political stunt, that's all it is," Skelos said.
In a brief statement, JCOPE Commissioner Ravi Batra went further. "Without confirming or denying the contents of Jim Odato's story in Times Union ... what is clear is that JCOPE needs confidentiality to be able to freely and honestly deliberate in private so as to function as an independent and impartial ethics watchdog, capable of living up to its promise and to deter public corruption.
Batra called for an investigation "to identify the primary and secondary sources of any leaked confidential information."
JCOPE spokesman John Milgrim told reporters that Odato's story was "inaccurate and misleading," but wouldn't identify what was wrong with the article.
"The commission does not comment on confidential matters that may or may not be pending before the commission," Milgrim told the Times Union on Tuesday evening.
cseiler@timesunion.com • 518-454-5619 • @CaseySeiler
Is $1.25 hourly minimum wage rise too costly a price on dignity?
ALBANY — The Democratic majority in the Assembly passed a $1.25 per hour increase in the state minimum wage Tuesday, but the bill faces a dismal future in the Republican-ruled Senate.
The increase to $8.50 per hour offers a basic measure of economic fairness, supporters say, while critics contend it will hurt small-business operators and discourage hiring.
Assembly approval was expected because Speaker Sheldon Silver, D-Manhattan, called for an increase in January. He hailed the 98-49 vote for passage as "a matter of human dignity."
But it's unclear if the bill will become law soon. Senate Majority Leader Dean Skelos, R-Long Island, pointedly refused to rule out an increase this year but said the GOP-controlled chamber "will not pass" Silver's bill.
Skelos said he believes an increase will hurt small businesses and stymie hiring. It will also hurt the working poor by making them ineligible to benefit from some government assistance programs.
Silver countered workers earning the minimum wage — $15,080 a year — would spend any increased income. It would pump $366 million into the state economy that will help businesses.
Gov. Andrew Cuomo skipped the minimum wage increase when outlining his end-of-session priorities. He has taken a stance of laissez-faire support: he backs an increase "in concept" but said, politically, it probably won't pass this year.
"The governor supports raising the minimum wage, as we have made clear repeatedly," his spokesman Josh Vlasto said. "Unfortunately, we do not believe there will be an agreement this session as we have also said repeatedly."
The issue is a nearly perfect partisan litmus test. Democrats, as well as labor groups that are consistently core constituencies, favor the increase and watched gleefully as Silver touted the bill's merits. Business groups that historically align with Republicans oppose an increase, arguing that it discourage small businesses from making new hires..
With Cuomo sitting on the sidelines, the face-off between Skelos and Silver seems headed for Albany's traditional status quo: partisan stalemate.
Even if that happens, Silver can claim credit for advancing the issue, and Democrats will have a cudgel for this year's elections: a Siena Research Institute Poll released Monday found 78 percent of voters surveyed, including 58 percent of Republicans and 64 percent of self-identified conservatives support an increase.
This will be particularly important in Senate campaigns, where the GOP holds a bare 32-seat majority.
"They're going to have a very difficult time showing up before Election Day and saying, I'm opposed to this," said Silver. He also held out hope that Cuomo, a popular Democrat, would use his skills to leverage Republicans.
Skelos said, "Our focus, in terms of a moral imperative, is creating jobs." Republicans have offered a menu of business tax credits that Silver has rejected, and announced a $402 million package to help families pay for college.
Both lawmakers insist their proposals should not be fused into an omnibus package, a "big ugly" bill, for consideration at the end of the session. Similar denials have preceded similar bills, normally passed after nightfall.
"Nothing is dead in Albany," said Mike Durant, New York director of the National Federation of Independent Businesses. "My hope is that the governor and the Senate majority will continue to be committed to turning New York's trajectory around. I view minimum wage as playing roulette with small business owners."
jvielkind@timesunion.com • 518-454-5081 • @JimmyVielkind
At NYRA, new boss, new flap
ALBANY — State watchdogs blasted the New York Racing Association on Tuesday for promoting an executive when it isn't clear whether she knew NYRA was taking heavier commissions than allowed from horse race bettors.
NYRA's board said it promoted Chief Operating Officer Ellen McClain to president on Monday to succeed Charlie Hayward. State officials were so infuriated by the move that the Division of Lottery arranged for NYRA to be stripped of its share of video lottery terminal revenues from the Aqueduct racino in Queens.
McClain took the job after Hayward was fired after a preliminary investigation claimed he knew NYRA was overcharging bettors and let it continue. The 15-month-long violation of racing law resulted in bettors being cheated of $8.5 million. The NYRA board also fired General Counsel Patrick Kehoe over the incident. On Monday, the board also said it had a new acting general counsel, Kenneth Handal, who was also made secretary.
"We believe these actions are entirely inappropriate, violate regulatory standards and NYRA's own bylaws, and neither the Racing and Wagering Board nor the Franchise Oversight Board recognize the validity of these appointments," said a letter to NYRA Chairman C. Steven Duncker.
The letter was signed by Robert Megna, chairman of the Franchise Oversight Board, and John Sabini, chairman of the Racing and Wagering Board.
Megna, who also serves as Gov. Andrew Cuomo's budget director, and Sabini told Duncker that two state investigations on the NYRA commissions were ongoing.
"There are unanswered questions as to which executives — and potentially NYRA board members — were aware of or participated in this misconduct," the letter to Duncker said. "Since the role of Ms. McClain in the improper takeout as the chief operating officer remains unclear, the board's action is entirely inappropriate."
As punishment, the Division of Lottery is instructing Genting, the operators of the racino at Aqueduct, to withhold NYRA's share of video lottery terminal betting; those payments will be sent to a dedicated Lottery account.
That will take more than $3 million monthly out of NYRA's revenue stream.
Megna and Sabini said NYRA could be heading for a hearing concerning the potential revocation of its franchise because of a series of missteps.
The letter lists a failure to provide documents sought by investigators; a rash of horse deaths during the recent Aqueduct meet; and poor dormitory conditions for backstretch workers at Saratoga.
NYRA said it would respond after consultation with an outside lawyer, Brendan V. Sullivan Jr. However, two people close to the association said NYRA was ordered to fill the positions of president and secretary by Sabini to be in compliance with racing law.
Cuomo is also planning a NYRA reform bill expected to involve reshaping the NYRA board of trustees.
jodato@timesunion.com • 518-454-5083 • @JamesMOdato
RFK Jr.'s troubled estranged wife found dead in NY
BEDFORD, N.Y. — Mary Richardson Kennedy's life had both highlights and troubled moments, just like other members of the famous political family she married into in 1994.
She was an architect who struggled with drug and alcohol abuse, and was the estranged wife of Robert Kennedy Jr.
The 52-year-old mother of four was found dead Wednesday, adding to the list of Kennedy family tragedies.
Her body was discovered at family property in suburban New York City. An autopsy for was scheduled for Thursday, and no cause of death had been released.
The former Mary Richardson married Robert Kennedy Jr., a prominent environmental lawyer and the son of Sen. Robert F. Kennedy and nephew of President John F. Kennedy, in 1994 aboard a boat in the scenic Hudson River Valley. The couple had four children, the youngest born in July 2001. Robert Kennedy Jr. also has two children from a previous marriage.
She was an architect and designer and had overseen the renovation of the couple's home into an environmentally advanced showpiece.
In a statement issued by Robert Kennedy Jr.'s chief of staff, the family said Mary Kennedy "inspired our family with her kindness, her love, her gentle soul and generous spirit.
"Mary was a genius at friendship, a tremendously gifted architect and a pioneer and relentless advocate of green design who enhanced her cutting edge, energy efficient creations with exquisite taste and style," the family said.
Her family cited her devotion to her children in remembering her.
"We deeply regret the death of our beloved sister Mary, whose radiant and creative spirit will be sorely missed by those who loved her," the family said in a statement issued by attorney Kerry Lawrence. "Our heart goes out to her children who she loved without reservation."
Mary Richardson had known the Kennedys for years, through her friendship with Robert Kennedy Jr.'s sister, Kerry Kennedy, whom she met at boarding school when they were teenagers. She had been Kerry Kennedy's maid of honor at her wedding in 1990 to now-Gov. Andrew Cuomo. The couple later divorced.
But recent years had seen darker moments.
She had had trouble with drugs and alcohol and had two high-profile arrests around the time her husband filed for divorce in 2010.
Kennedy was first arrested May 15 of that year on a charge of driving while intoxicated after a police officer reported seeing her drive her car over a curb near the family's Bedford home. Her only passenger was a dog, and police said she had a blood-alcohol level of 0.11 percent; the legal limit is 0.08 percent. Her license was suspended.
At the time of her sentencing, famous family and friends spoke in support of her.
Her mother-in-law, Ethel Kennedy, wrote in a letter that she "is a caring, nourishing mother who has nursed her four children through lifelong bouts of debilitating allergies," according to an account in the local newspaper, The Journal News, at the time.
Kerry Kennedy, in her letter, said, "When I look at my three daughters, my wish for them is that they are as blessed as I have been to have a companion, a confidante, a friend, like Mary Richardson."
Mary Kennedy was charged later that year with driving under the influence of drugs, but that charge was dismissed in July 2011 when a judge said the evidence showed she didn't know the medications she had taken would impair her ability to drive.
There were indications her troubles started earlier. In 2007, Robert F. Kennedy Jr. drove his wife to a hospital for treatment, but she resisted and ran from the car, according to the Journal News, which cited Mount Kisco police records.
"I remember she was acting kind of out of it, kind of crazy," a witness, Rae Kesten, told The Journal News in 2007. "She was running into the street and flailing her arms around. He was trying to restrain her. I didn't know if they were fighting or not, but I was concerned."
The unexpected death of another person connected to the storied Kennedy clan brought to mind the other sorrows the famous family has suffered.
Shopping in Bedford, Diane Glokler said, "I've always just thought that family is very tragic. They keep having tragic things happening to them. It's heart-wrenching."
Neighbor Leslie Lampert, who owns the Cafe of Love restaurant a short drive from the Kennedy home, said Mary Kennedy was "at all times just a lovely individual."
"She was community oriented," Lampert said. "She was always kind in our presence."
Another neighbor, Kim Fraioli, a trauma therapist who lives a few houses down from the Kennedys, said the family was private.
"We left them alone," Fraioli. "We didn't have any interaction. I think it's a tragedy. It's very sad for their family and the surviving children. My heart goes out to the family."
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Associated Press writer Verena Dobnik contributed to this report.
NY whistleblowers fault plan to protect disabled
ALBANY — Three former whistleblowers who worked in state-funded institutions caring for the disabled say Gov. Andrew Cuomo's legislative proposal to create a new oversight agency is unlikely to halt decades of abuses and cover-ups embedded in the culture.
They say Cuomo should get rid an entire layer of administrators in the system.
The whistleblowers, who say they lost or quit jobs after reporting staff abuses, say Tuesday that informing higher-ups often meant complaints went nowhere and they themselves were investigated or transferred.
They cite abuses like a developmentally disabled client often hit with a stick, another whose fingernails were cut so short all his fingers bled, staff sleeping on the job and others making false medication reports.
Administration officials say they have already imposed changes and the bill will do more.
— Associated Press
NY funeral for soldier who died during video chat
ROCHESTER — With American flags flapping from their motorcycles, Patriot Guard riders escorted the body of Capt. Bruce Kevin Clark to an upstate New York church where bagpipers played and uniformed pallbearers slowly carried his flag-draped casket inside.
The U.S. Army nurse collapsed and died in Afghanistan during a computer video chat last month with his wife.
Susan Orellana-Clark was joined by family and friends for her husband's funeral Tuesday at St. Mary's Roman Catholic Church in Spencerport, her hometown and the community where they lived before he joined the Army. The couple's 3- and 9-year-old daughters, in matching black dresses, followed their mother's lead and placed their right hands on their hearts as they stood in the sunshine and watched.
Orellana-Clark was in Texas chatting with her husband from his base in Tarin Kot, Afghanistan, via Skype on April 30 when he pitched forward. Initially, Clark's family said they believed he had been shot, and that after he fell his wife could see a bullet hole in the closet behind him. But the Army said last week that there was no bullet wound on his body and no evidence of foul play. Autopsy toxicology results are pending as the death remains under investigation.
— Associated Press
Ruling: NY boy can play on girls field hockey team
SMITHTOWN — The biggest goal of Keeling Pilaro's field hockey career happened far from an athletic field on Tuesday.
An athletics committee determined the 13-year-old boy can keep playing on the girls' varsity team at Southampton High School, at least for one more season. The decision at an appeals hearing Tuesday reverses earlier rulings that claimed Keeling's skills as a field hockey player, which he developed growing up in Dublin, Ireland, had developed to a level superior to those of girls.
"I was jumping up and down; I was so excited when I heard," Keeling said in a telephone interview. "I can play!"
Kevin Seaman, the attorney for the committee that oversees public school athletics in Suffolk County, said panelists determined that Keeling's continued participation on the team ultimately would not have "a significant adverse effect" on girls' opportunity to participate in interschool competition. That was the same criteria used earlier this year when officials for the committee said Keeling's skills had exceeded those of his female teammates and competitors.
— Associated Press
Strauss-Kahn countersues NYC hotel maid for $1M
NEW YORK — Dominique Strauss-Kahn is suing the hotel housekeeper who accused him of sexually assaulting her, saying she seriously damaged his reputation with what he calls a bogus allegation.
The former International Monetary Fund leader and French presidential hopeful struck back at maid Nafissatou Diallo's lawsuit against him with denials and a $1 million defamation claim of his own Monday, exactly a year after she told police he tried to rape her in his Manhattan hotel suite. He says whatever happened was consensual.
He was arrested, resigned from the IMF, and spent several days behind bars and three months on house arrest before prosecutors dropped the case, saying they'd lost confidence in Diallo's trustworthiness because she'd lied about her background and changed her account of what she did right after leaving Strauss-Kahn's room. Although prosecutors didn't say they believed she misrepresented the encounter itself, Strauss-Kahn's court papers blast her claims as intentional lies.
— Associated Press
