Senator Addabbo: Senate Aims to Strengthen Passenger/Highway Safety, Passes 'Abbagail's Law'

Senator Addabbo: Bill Strengthens Penalties Against Intoxicated Supervising Drivers

NYS Senator Joseph P. Addabbo, Jr. (D-Queens) has announced that the New York State Senate has passed legislation aiming to increase safety for passengers and motorists across the state, by significantly strengthening the penalties against supervising drivers who are intoxicated at the time the vehicle their designee – often a teen driver – is in an accident.

Under this bill, supervising drivers under influence of alcohol and/or drugs may be charged with a class A misdemeanor or a class E felony in an aggravated case. Supervising drivers are defined as drivers supervising drivers with junior licenses and learner’s permits.

This bill comes out of the tragic death of eight year-old Abbagail Buzard, who was in a vehicle operated by a teen driver under the supervision of her intoxicated father, when a preventable accident occurred and took her life.

“Abbagail’s Law is necessary, common-sense legislation that will save lives and deter those who exploit current law from placing children and other passengers in unnecessary danger,” said Senator Addabbo. “A supervising driver must take their role seriously, as the safety and lives of others, including their designated driver, is at stake. If someone is under the influence they must call a cab or a sober, fully legal drive, not someone still in the process of earning their full driver’s license.”

In September 2009, eight year-old Abbagail Buzard of Orleans County was tragically killed in a car accident. While the driver of the car that night violated numerous laws, the supervising adult, Abbagail's father – who was under the influence of alcohol – could not be held responsible for his actions.

The night of the accident, Abbagail’s father convinced his 17 year-old cousin – who had only a learner’s permit – to drive him to the store to purchase more alcohol. Due to the number of children in the back seat, Abbagail was sitting on a 14 year-old’s lap with no seatbelt when, because of reckless speeds, the driver lost control of the vehicle and Abbagail was thrown from the car as it rolled down an embankment. Abbagail had passed by the time paramedics arrived.

“We all have a responsibility, regardless of the laws in place, to exercise sound judgment and not put other drivers, passengers, or our own safety in danger by driving or supervising novice drivers while under the influence of alcohol and drugs,” concluded Addabbo.

Ozone Park Man Convicted in Drunken LIE Hell Ride by Howard Koplowitz - YourNabe.com

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An Ozone Park man was convicted last week of reckless endangerment, vehicular assault, driving while intoxicated and other charges stemming from what Queens District Attorney Richard Brown called a “terrifying ride on the Long Island Expressway” in 2006.

Anthony Rampino, 35, of 103-17 90th St. in Ozone Park, was driving his 2002 Chrysler convertible with the roof down at speeds up to 100 mph while under the influence on the Long Island Expressway near Flushing Meadows Corona Park July 25, 2006, the DA said.

A man was sitting in the front passenger seat and three women in the back passenger seat with another three women sitting on the their laps when Rampino ignored the women’s pleas to slow down and stop weaving in and out of traffic, instead just raising the volume on the car’s radio, Brown said.

Rampino eventually crashed into two mediansand then fled the scene of the accident on foot, the DA said.

One of the passengers was ejected from the convertible and thrown across three lanes of traffic, the DA said. She suffered severe abrasions on her arms, shoulders and face and had to have reconstructive surgery on her knees, Brown said.

Another woman suffered a broken pelvis, while the other four women were all treated at local hospitals for various back injuries and lacerations, the DA said.

“The defendant’s reckless actions left several of his passengers with severe injuries,” the DA said in a statement. “It is a miracle that he did not cause the death of any of his passengers or other motorists on the road that night. This dangerous behavior cannot be tolerated and must be dealt with severely.”

An off-duty police officer saw Rampino leave the scene of the accident and chased him, eventually finding the defendant walking in Flushing Meadows Corona Park, Brown said.

Rampino was arrested and taken to the 112th Precinct, where an Intoxilyzer exam was administered which indicated his blood-alcohol level to be .10, above the legal limit of .08.

He was convicted Dec. 10 of reckless endangerment, vehicular assault, driving while intoxicated, speeding, leaving the scene of an accident, driving without insurance and driving without a license after a two-week jury trial before Queens Supreme Court Justice Kenneth C. Holder, Brown said.

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Rampino faces up to seven years in prison when he is scheduled to be sentenced Dec. 23. He has been remanded without bail until the sentencing.

‘Leandra’s Law’ Protects our Children from Drunk Drivers: Addabbo

Senate Passes Bipartisan Legislation Increasing Penalties for DWI with Child Passenger—Toughest DWI Law in the Nation

New York State Senator Joseph P. Addabbo, Jr., announced that on Wednesday, November 18, the Senate passed legislation drastically increasing the penalty for any person who drives intoxicated with a child passenger. Two recent fatal incidents involving intoxicated drivers with child passengers have highlighted the need for stronger measures to prevent or punish persons who drive intoxicated with children as passengers.

The new bill, called “Leandra’s Law,” honors the memory of 11-year-old Leandra Rosado, who was killed in a tragic alcohol-related car accident in October. Working together with Leandra’s father, Lenny Rosado, Mothers Against Drunk Driving and district attorneys, the Senate made it clear that driving drunk with a child passenger will no longer be tolerated in New York.

Addabbo, a member of the Senate’s standing Committee on Transportation, said in support of his fellow Senators, “The bipartisan passage of Leandra’s Law says ‘the party is over’ loud and clear to irresponsible New York drivers who won’t insure the safety of their most vulnerable passengers—children—by driving while being drunk. Leandra Rosado’s senseless death on the Henry Hudson Parkway was the last straw. There have also been numerous news reports of reckless drivers who caused local families great harm while traveling through Queens. Now, the price of such negligence will be a felony charge for DWI driving with a child age 15 and under. And, convictions of all DWI and related crimes mandate having ignition interlock devices installed, plus any other penalty that may be imposed such as jail time and a fine. Local roads have now been made much safer for our children and grandchildren.”

Already being hailed in the press as the toughest DWI law in the country, local media editorials have called the strict penalties for such an offense “good legislation.” Sponsored by Senators Martin Malave Dilan (D-Brooklyn) and Charles Fuschillo, Jr. (R-Merrick) and cosponsored by Senate President Pro Tempore Malcolm A. Smith (D-Queens), the law provides for the harshest penalties and most significant expansion of preventative measures to date for any offender convicted of driving while intoxicated with a child passenger, including:

Any DWI with a child passenger:

· Increases offense from misdemeanor to E felony

· Increases maximum penalties from 1 year in jail to 4 years in state prison

DWI and causing serious injury to a child passenger:

· Increases offense from E felony to D felony

· Increases maximum penalties from 4 years to 7 years in state prison

Driving recklessly while intoxicated and causing serious injury to a child passenger:

· Increases offense from E felony to C felony

· Increases maximum penalties from 4 years to 15 years in state prison

Driving recklessly while intoxicated and causing the death of a child passenger:

· Increases offense from D felony to B felony

· Increases maximum penalties from 7 years to 25 years in state prison

Mandates ignition interlock devices for all DWI convictions:

· All offenders will be required to install an ignition interlock device in their vehicle upon conviction of any abuse or dependence.

Clubgoers Smashed in Suspected Drunk Driving Accident in Queens by Barry Paddock, Maria Clark and Jonathan Lemire - NY Daily News

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An out-of-control BMW with a drunken driver behind the wheel hopped a curb and plowed into a group of young clubgoers in Queens early Sunday, police said.

Six people were hit but escaped life-threatening injuries - two of them by falling backwards into a construction hole, allowing the car to pass overhead.

"It was scary," said Deborah Caceres, 18, who suffered a nasty gash on her head. "You see the car coming and you don't know how to react."

The speeding BMW slammed into a FDNY call box at the corner of Steinway St. and Northern Blvd. in Astoria at 4:30 a.m. and spun wildly into a group of partyers who had just stepped out of the El Noa Noa discotheque.

"I remember trying to run but the car was speeding a lot," Caceres said. "The car came on the sidewalk and hit everyone."

Two of Caceres' friends who were directly in the car's path fell into the hole, likely saving their lives.

"They said we were very lucky," said Caceres, of Staten Island, after her gash was closed by a dozen staples at New York-Presbyterian Hospital Weill Cornell. Her friends also only suffered a few bruises and broken bones, she said.

When the BMW finally came to rest against a concrete wall, its driver, 24-year-old Renis Kuci, staggered out of the smashed vehicle and started weeping, witnesses said.

"He didn't even hit the brakes - all I heard was a bunch of screaming and the car jumped the curb," said witness Luis Lorenzana, 32.

"He looked like he was disoriented [and] he was stumbling out of the car," said Lorenzana, who said Kuci told police "I don't know what I did."

Kuci, of Woodhaven, was charged with operating a motor vehicle while intoxicated, refusing to take a Breathalyzer test and reckless driving, police said.

He kissed his girlfriend goodbye before being led away in handcuffs, witnesses said.

"I still cannot believe he's in jail," said Kuci's mother, who asked that her name not be used. She said that her son called her from the 114th Precinct station house shortly after the accident.

"I'm so sorry, mama, I'm in jail [and] I wish to be [dead]," Kuci told his mother, who cried as she apologized to the victims her son hit.

Drunken Joy Ride in Queens in Stolen Car Ends with One Teen Dead, Another Critically Injured by Barry Paddock - NY Daily News

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Police rope off the car stolen by a drunken thief. Iudici for News

"A drunken car thief stole an idling car early Sunday before striking and killing a teen and a young man who were walking in Queens, police and witnesses said.

Then the boozed up driver sped off, nearly returning to the scene of his first crime - the Middle Village bodega where police say he stole the Kia Spectra.

Paramedics raced to 80th St. between 62nd Ave. and Juniper Blvd. North about 1:30 a.m., but Robert Ogle, 16, couldn't be saved. Alex Paul, 20, was taken to Elmhurst Hospital where he died hours later, cops said.

Robert Ogle, 16, died at the scene. Egan-Chin/News

Kenneth Guyear, 27, was arrested about six blocks away from where he mowed down the pedestrians and a block from the Super Deli where he stole the car, cops said.

Guyear was charged with manslaughter, DWI, assault, leaving the scene of an accident, grand larceny, and driving without a license.

'We left the car running and someone took of with it,' said Joe Guerrero, 26, one of three men who got out of the vehicle and went into the store at Woodhaven Blvd. and Dry Harbor Road.

The trio saw an inebriated man inside the store and believe he was the one who stole the car, Guerrero said. They called 911 after the driver peeled off.

It was the second time"

Teen Killed in Queens Wreck by Edgar Sandoval and Jonathan Lemire - NY Daily News

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A 20-year-old man was arrested after his speeding car flipped over on a Queens highway Monday, killing his friend in the passenger seat, police said.

Armish Singh "reeked of alcohol" and refused to take a Breathalyzer test after he was freed from the wrecked car that claimed the life of his pal 17-year-old Tariq Aslan, police sources said.

Singh was behind the wheel of a 2005 Nissan Altima heading east on Grand Central Parkway when he lost control at 1:30a.m., police said.

Spinning out of control, the car flipped over, and Aslan, who was not wearing a seat belt, was ejected from the Altima, police said.

Alsan, who lived in Queens Village, was killed instantly. Singh, who lives in Ozone Park, was not thrown from the car and only suffered minor injuries.

He was arrested at the grisly scene and would not cooperate with investigators, police said.

He was charged with criminally negligent homicide Monday, and law enforcement sources said additional drunken-driving charges may be added when Singh is arraigned.

jlemire@nydailynews.com

Two Traffic Cops Hurt by DWI Driver in Queens By Alison Gendar and Wil Cruz - NY Daily News

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Two NYPD traffic agents were injured early Saturday when a drunken driver slammed his car head-on into their marked vehicle in Queens, police said.

The unidentified agents were driving on Myrtle Ave. near 74thSt. in Glendale at about 4 a.m. when a westbound 2008 Honda crossed into oncoming traffic and crashed into them. One of the agents suffered a broken hip while the other sustained head injuries, police sources said.

Paramedics rushed them to Jamaica Hospital, where they were listed in stable condition, police said.

Aaron Webb, 27, was arrested at the scene. His blood-alcohol level was above the state's legal limit of .08, sources said.

Webb, of the East Village, was charged with driving while intoxicated and without a license, among other charges.

N.Y. Congressman Gets Five Days in Jail for DUI by Christian Davenport - washingtonpost.com

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U.S. Rep. Vito Fossella, the New York congressman whose political career fell apart after a DUI arrest in Alexandria led to revelations that he fathered a child in an extramarital affair, was sentenced yesterday to five days in jail.

Fossella, who was convicted of driving under the influence in October, had said he made a mistake when he drove after drinking. During yesterday's hearing, he tried to convince General District Court Judge Becky J. Moore that his blood-alcohol level could not have been above 0.15, the level at which jail time is mandatory.

A breath test after his arrest indicated that he had a blood-alcohol level of 0.17, more than twice the legal limit, according to police. Fossella's attorneys claimed that the machine used to measure his blood-alcohol level had a "software glitch" and that the congressman did not appear inebriated in the hours before he was arrested.

Immediately after the verdict, Fossella, 43, appealed the decision and left the court in Old Town Alexandria without talking to reporters. The maximum penalty on the misdemeanor charge is one year in jail.

One of his attorneys, Barry Pollack, said that the hearing was "the first step in a lengthy process" and that "we look forward to taking that next step."

Fossella, New York City's lone Republican congressman, was pulled over shortly after midnight May 1 after an Alexandria police officer said he observed him running a red light at Seminary Road and Library Lane. Fossella told the officer that he was going to visit his sick daughter. That led to the revelation that he had fathered a child out of wedlock with retired Air Force Col. Laura Fay. Fossella is married with three children who live in Staten Island.

After his arrest, Fossella announced that he would not seek reelection. He did not take the stand yesterday.

During his October trial, Fossella testified that he had been at a White House reception April 30 to celebrate the New York Giants' Super Bowl victory. Later, he went back to his Capitol Hill office and cleaned his hands with Purell, a hand sanitizer that is more than 60 percent ethyl alcohol.

The alcohol in the hand sanitizer led to his elevated blood-alcohol reading, his attorneys said. Fossella said he went to a private dinner at Bobby Van's Steakhouse in the District about 8 p.m. and drank not quite two glasses of wine with dinner. He sipped a third at the bar afterward, he said.

About 10 p.m., he went to Logan Tavern with a friend who is a Secret Service agent, he said. The friend was so drunk he fell face first into a table, breaking it, bar employee Alexander Castro testified yesterday. But Fossella did not appear intoxicated, said Castro, the only witness to testify.

The men were asked to leave the restaurant. In pre-sentencing arguments, Fossella's attorneys wrote that Fossella drove his friend to his office in the District and then went straight to Virginia.

At the time of his arrest, he registered a 0.13 blood-alcohol level. He was taken to the Mount Vernon police station in Fairfax County, and police there tried to give him another blood-alcohol test nearly three hours later. Initially, Fossella "claimed he was not able to perform the test and threatened to defecate on the floor of the police station if he was not allowed to use the restroom," Assistant Commonwealth's Attorney David Lord wrote in a pre-sentencing document.

In that test, he registered a 0.17, police said. During the hearing yesterday, defense attorneys argued that the second device, known as Intoxilyzer 5000, had a "software glitch" that led to the elevated reading.

They said the machine twice omitted letters of the name of the officer operating the machine. "Something happened to that machine," attorney Jerry Phillips said. "It left out a letter. It could have been a number."

They also argued that there was no way the level could have risen from 0.13 to 0.17 in between tests because "the alcohol level dissipates over time."

Lord argued in pre-sentencing documents that the machine that registered the 0.13 "does not have so high a degree of scientific reliability that it can be used to determine a specific" blood-alcohol content. It is a preliminary test used "for determining the presence of alcohol in a suspect's system."

The machine that registered the 0.17 was working properly, he argued, and "presents results that are scientifically accurate and reliable for determining a specific" blood-alcohol content.

The rise in alcohol in the blood could also be the result of "slamming" drinks in rapid fashion, he said.

Report: Joba Chamberlain Arrested for DUI -- Newsday.com

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Yankees pitcher Joba Chamberlain was arrested early Saturday morning for DUI, according to report from the Gannett News Service.

According to the news service, the hurler was arrested near his hometown of Lincoln, Neb.

The story quotes Deborah Collins, from the Nebraska State Patrol, who said the pitcher was pulled over after apparently speeding. The spokeswoman told the paper an officer arrested Chamberlain after the odor of alcohol was detected and spotting an open container of alcohol in the front seat of a 2006 BMW 2006 75i.

Chamberlain was arrested, and charged with driving under the influence, having an open container and speeding, the news service says.

Fossella Convicted in Virginia of Drunken Driving - NYTimes.com

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Representative Vito J. Fossella, a Staten Island Republican, was found guilty on Friday of a misdemeanor charge of driving under the influence of alcohol after being stopped on an Alexandria road early one morning last spring.

The decision, by a judge in Alexandria District Court, was the latest chapter in a scandal that began with his arrest in May, led to an admission that he had fathered a child in an extramarital affair, and eventually forced him to abandon his re-election bid. That decision gave New York Democrats a prime opportunity to pick up a Congressional seat that has been safely in Republican hands for decades.

Mr. Fossella, 43, who has a wife and three children in Staten Island, sat expressionless as Judge Becky J. Moore handed down her verdict. Under Virginia law, Mr. Fossella can appeal to have his case heard by a jury.

The prosecution is seeking a five-day jail sentence, the penalty for drivers who register a blood alcohol content of at least 0.15 percent. According to his arrest report, Mr. Fossella registered 0.133 percent during a roadside breath analysis test. After his arrest, prosecutors have said, he registered 0.17 percent on another machine. The legal limit in Virginia, as in most states, is 0.08 percent.

During the one-day trial, Mr. Fossella’s lawyers tried to undercut the prosecution’s case by challenging the accuracy of the breath analysis machines, a tactic that has been used with varying degrees of success around the country. Judge Moore set a court hearing for Dec. 8 to determine whether the prosecution had established that Mr. Fossella met the legal threshold for the five-day jail penalty.

Neither Mr. Fossella’s wife, Mary Pat Fossella, nor his mistress, Laura Fay, were in the courtroom.

In a statement released after the trial, Mr. Fossella said, “I made a serious mistake, and I want to again apologize for setting the wrong example,” The Associated Press reported. “I believe we live in a nation of laws, that no one person is above the law, and I look forward to the judge’s final determination in December.”

Judge Moore heard testimony from a handful of witnesses, including the arresting officer, Jamie Garnett, who delivered the most damaging account.

Officer Garnett said he stopped Mr. Fossella after the congressman drove through a red light during the predawn hours of May 1. As he approached the congressman in his car, Officer Garnett testified, he noticed that Mr. Fossella’s lips were stained red and his eyes bloodshot, and that the car smelled of alcohol.

He also said that Mr. Fossella swayed when he got out of the car and that he had difficulty completing a series of sobriety field tests, including standing on one leg and reciting the alphabet from D to T.

In his testimony, Mr. Fossella said he had drunk about two glasses of wine at two restaurants where he had gathered with friends and acquaintances.

Mr. Fossella said that sometime later that night, he rushed to Virginia, where Ms. Fay and their 3-year-old daughter live, after receiving news about the girl. “I was told that my daughter was sick,” he said, in the only mention during the trial of the child he had with Ms. Fay.

Earlier on Friday, defense lawyers called to the witness stand several people who had spent part of the evening with Mr. Fossella before his arrest. They testified that Mr. Fossella did not appear to be drunk at any point.

The witnesses included Dr. John D’Ana, a surgeon and friend of Mr. Fossella’s whose testimony was clearly aimed at undercutting that of the arresting officer. Under direct examination by the defense, Dr. D’Ana said Mr. Fossella did not have bloodshot eyes or red stains on his lips, nor was he staggering.

“He appeared as he always does — composed and in control,” he said.

By almost any standard, Mr. Fossella’s fall was rapid and dramatic.

The case might not have generated the kind of tabloid headlines it did if not for the explanation Mr. Fossella gave Officer Garnett the night the officer stopped him on a dark stretch of Seminary Road: that he was on his way to visit his sick daughter in Alexandria.

Once reporters began investigating the circumstances surrounding the arrest, his statement to the officer became public. And Mr. Fossella was eventually forced to admit that he had had an affair with Ms. Fay, a retired Air Force colonel who served as a military liaison to Congress, and that the two had a young daughter — secrets he had kept even from some of his closest friends.

The case upended a promising political career. Mr. Fossella had been a member of the New York City Council before leaders of the once-formidable Staten Island Republican Party tapped him to run for Congress in a special election in 1997, representing a district that includes all of Staten Island and a portion of Brooklyn. He has served five full terms and part of a sixth.

As the only Republican in the city’s Congressional delegation, he was uniquely positioned to run for citywide office, including the mayoralty, a prospect that some of his allies frequently mentioned in private.

Fossella Convicted Of DWI Charges by Molly Kroon - NY1

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Five months after being pulled over on his way from a White House event, Staten Island-Brooklyn Congressman Vito Fossella was convicted of drunken driving charges Friday in a Virginia courtroom.

Fosella, who appeared before a judge, could serve up to five days in prison. He will be sentenced at a separate session.

"I'm grateful that this matter was presented in fuller detail before the court today and for the public to hear for the first time an honest and straightforward account of what happened that night instead of sensationalized media accounts," Fossella said in a statement following the judge's ruling. "As I have said before, I made a serious mistake and I want to again apologize for setting the wrong example. I believe we live in nation of laws, that no one person is above the law and I look forward to the judge's final determination in December."

One of the arresting officers testified that there was a strong odor of alcohol coming from Fossella's car when he was pulled over, and that the lawmaker's lips were stained red.

He said that the politician admitted to having two or three glasses of wine.

Police charge that Fossella's blood alcohol level was .17, more than twice the state's legal limit.

The charges stem from his May 1 arrest outside Washington D.C., after the Congressman celebrated the Giants' Super Bowl victory at the White House.

That arrest eventually led Fossella to admit that he had fathered a child with a Virginia woman who was his mistress. He later announced that he would not seek re-election.

During his court appearance, Fossella appeared with neither his wife or his mistress, and did not wear a wedding ring.

Man Run Over While Fixing His Car by Jonathan Lemire - NY Daily News

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A Queens woman driving drunk and without a license ran over a 52-year-old man who was trying to fix his stalled car in Brooklyn, police said Sunday.

Lisa Smith, 38, was behind the wheel of a 1997 Mercury sedan and was heading south on Patchen Ave. in Brownsville at 9:30 p.m. Saturday, police said.

Just before she reached the intersection of Bainbridge St., Smith's sedan slammed into the man, who was making repairs to his own car that he had double-parked on Patchen, police said.

Smith fled the scene without stopping but was caught after she crashed into an unoccupied car three blocks away near Fulton St., police said.

Smith, of Ozone Park, was charged with driving while intoxicated, vehicular assault and driving without a license.

The victim - whose name was not released - was in critical condition at Kings County Hospital Sunday.

Vito Fossella's Wife: 'I Had No Idea' by Maggie Haberman - New York Post

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The heartbroken wife of disgraced Staten Island Rep. Vito Fossella yesterday broke her silence over the scandal that has rocked her family, saying she had "no idea" of his secret life and has struggled as she's watched her world "unravel."

"This has been a very painful time for my family and I," Mary Pat Fossella wrote in an e-mail to The Post after word broke of her husband's decision not to seek re-election in the wake of revelations he had fathered a child with another woman.

MORE: DA Is Early Fave For His Seat

She made clear her main concern is protecting her two sons, 10 and 12, and daughter, 4.

"I have known Vito since I was 16 years old, and this is not what I envisioned for him and my family," she wrote.

"I had no idea of this world he was living.

"I am very saddened by how the world I was living unraveled before my eyes and everyone else's," she added.

"My focus will continue to be on [my] three children, as it has been, as I have always maintained a very private life."

It was the first statement from Mary Pat about her ordeal since her husband's drunken-driving arrest on May 1 led to the exposure of his affair with a former Air Force lieutenant colonel, Laura Fay, and the child they had together.

Mrs. Fossella, 42, has always been low-key and avoided the spotlight, rarely speaking publicly.

She has not been seen with her 43-year-old husband since a press conference on May 2 about the arrest, and several family friends had described her as being unsure of her future with the man who was her high-school sweetheart.

Appearing pained at times but holding her head high, Mary Pat has gone for drives with neighbors, attended her godchild's First Communion, and attended her son's ballgames.

The congressman, meanwhile, has not said anything publicly about his personal life.

In his statement announcing he would not run for a sixth term this fall, Fossella said he wanted to "concentrate on healing the wounds that I have caused to my wife and family."

Fossella, after announcing his long-awaited decision about his political future, was on Capitol Hill yesterday with his dad.

Long Island Rep. Pete King, his closest friend in Congress and the main public face of Fossella's supporters, said, "Vito did the right thing for is family, his district and himself. He's been an outstanding congressman."

maggie.haberman@nypost.com

Vito's School Fling by Carolyn Salazar, James Fanelli and Brad Hamilton - New York Post

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Before he fathered a lovechild with a Beltway mistress, Rep. Vito Fossella led a double life in law school, lying about his marriage while dating a fellow student, sources said.

The future pol and Wharton School grad began a relationship with budding legal eagle Catherine Hoffman while the two were full-time students at Fordham Law School in the early '90s, according to sources.

The romance blossomed as the slick-haired Staten Islander wasn't wearing his wedding band and told Hoffman he was single, sources said.

In reality, Fossella had married his high school sweetheart, Mary Pat, on June 15, 1990, months before starting classes at the Midtown school.

"He said he was not married," said a source with close knowledge of the relationship.

Law students who graduated the same year as the couple in 1993 said the two were once inseparable and were often seen walking on campus together.

"People knew he was married. But if you didn't [know Mary Pat], you would think [Catherine] was his wife," a classmate said.

But the relationship went south during their third year of law school, sources said.

"Suddenly, in [his] third year, something big happened" with Vito and the Catherine, and they weren't seen together anymore, another source said.

Hoffman, 42, an insurance attorney, is now married and lives on a quiet, suburban street in Union, NJ. She declined to comment on the past relationship.

She isn't the only woman to have been duped by the randy Republican.

Revelations that the congressman had fathered a 3-year-old illegitimate child with retired Air Force Lt. Col. Laura Fay emerged after he was busted for DWI near his mistress's Alexandria, Va., home on May 1.

But Cheato Vito wasn't talking about his wife, Fay, or Hoffman yesterday as he marched in a Memorial Day parade just blocks from his family home in the Great Kills section.

"We're here to march in the parade to honor our nation's fallen," he repeatedly responded to a reporter peppering him with questions about his infidelities.

The scandal-scarred Fossella was generally well received at the parade. In between scarfing down hot dogs, he glad-handed and hugged well-wishers.

"He's a very good man that made a mistake," said Denise Endall, a longtime friend who embraced the pol. "I told him we're praying for him and his family."

Fossella's wife and three children were not by his side yesterday. The Staten Island Advance reported that information about his spouse and kids were deleted from his congressional Web site sometime between August 2007 and mid-February of this year.

The parade route wasn't completely pro-Fossella, though. A few detractors called his infidelities a disgrace and said he should resign.

Despite the intense media scrutiny, Fossella has defied mounting pressure to step down - or decide whether he's seeking re-election.

Island Republicans, fearing a voter backlash, are even mulling pulling Fossella's name off some "team petitions" in order to shield other GOP candidates from guilt by association with Cheato Vito.

"It's ugly on every level," said one GOP insider.

Additional reporting by Chuck Bennett, Lorena Mongelli, Jeane MacIntosh and Carl Campanile

brad.hamilton@nypost.com

Pol's Aide Ratted Out Vito's Gal Says She Shirked Duties by Carl Campanile & Chuck Bennett in NY and Daphne Retter in DC - New York Post

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Rep. Vito Fossella's Air Force mistress was so distracted by their affair that she couldn't perform her official duties on a junket they attended - so the top aide to then-House Speaker Dennis Hastert reported her to the Pentagon, he claims.

Scott Palmer, then chief-of-staff to Hastert, revealed for the first time yesterday that he made a formal complaint to Air Force brass about the unprofessional behavior he witnessed by Laura Fay, the military's top liaison and director of logistics for the 10-day trip to Europe in 2003.

"I lost confidence in her and I'm not going to kid you - I was also concerned with this other relationship thing. It didn't look like it should," the now-retired Palmer told The Post.

It was the first time a government official has publicly acknowledged long-standing concerns about the illicit affair.

"I remember making the call - it was a very awkward call. I didn't want to unfairly say anything," Palmer recalled of reporting Fay to her Pentagon superiors after returning from Europe in August 2003.

Another source, who asked not to be identified, said, "She just seemed to be distracted. Now, in hindsight, I see precisely why she was distracted.

"The person in charge from the military sticks like glue to the chairman or speaker, and she didn't, frankly. She was not always on top of things."

By the time of Hastert's next European trip for the September 2003 G8 meeting, Fay was gone, Palmer said.

The married Fossella was busted May 1 for drunken driving and soon after admitted a long-standing affair with Fay - and siring a child with her.

Sources said Fay and the Staten Island Republican could have hooked up during the European junket, which took them through 10 counties.

Their hanky-panky was well under way in July 2003, when he joined the congressional delegation on a tour of Britain, the Netherlands, Denmark and Spain to thank them for supporting the Iraq war, sources said.

Fossella's paramour, then still married, was the official military escort.

"At the end of the trip, it became obvious that . . . they were doing something more than briefing each other," said another staffer on the trip.

A tour of the Alhambra Palace in Granada, Spain, got everyone's tongue wagging.

"They showed up late and together. The excuse they gave was that they were getting water for everybody. We had plenty of water," an aide said.

Fossella also did some traveling alone.

He made individual trips, the Congressional Record shows, to Cuba and Bermuda in 2002, as well as a single trip to Italy in 2004. No other House member accompanied him on these fact-finding missions.

Political support for Fossella, who hasn't said whether he'll resign or seek re-election, is thin.

Fossella and Fay remained in seclusion yesterday.

Additional reporting by Perry Chiaramonte

Their Romance Amid the Ruins: Vito Fossella's Illicit Affair Flamed in Malta by Adam Lisberg - NY Daily News

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VALLETTA, Malta - Vito Fossella's illicit romance with the mother of his love child was a whirlwind affair that began on a rocky Mediterranean island and blossomed among the ancient ruins of Spain.

Malta - a tough, craggy speck of rock in the middle of the Mediterranean Sea - is known for its battles and knights, not its beaches and sunsets.

But when Vito Fossella arrived here on a military jet five years ago, the married congressman found love.

Fossella and a married Air Force colonel, then named Laura Shoaf, were part of a taxpayer-funded congressional junket that hopscotched across Europe, visiting five countries in 10 days. They stopped in Poland and Luxembourg before touching down in Malta on Dec. 6, 2002.

Traveling with then-House Speaker Dennis Hastert (R-Ill.), the delegation was supposed to be studying foreign affairs. Somewhere amid Malta's limestone outcroppings and crashing waves, Vito and Laura were first noticed eying each other.

A photograph snapped of Fossella and his love at a bar in Malta shows them standing side by side, smiling gleefully.

"They were spending a lot of time together, and they had just met," a source who traveled with them said. ". . . . All of a sudden, they were inseparable."

The source said their attraction was obvious, and they soon become more daring, sneaking off together in the after-hours and skipping official functions when the delegation moved on to Italy and finally Portugal.

The trip forever changed their lives and encouraged the brash behavior that finally was exposed when Fossella was arrested for drunken driving near Fay's Virginia home a little more than a week ago.

In the summer of 2003, the pair jetted off to Europe, again as part of a congressional delegation. This time, they spent 10 days traveling to the United Kingdom, Denmark, the Netherlands and Spain. Once again, taxpayers picked up the tab.

It was in Granada, Spain, the last stop of the trip, that the lovers began flaunting their affair, sources said.

Several top congressional officials first noticed the couple snuggling and kissing there, according to a source who was on the trip, once again led by Hastert.

"We had a weekend in Granada at the end of the trip," the source said. "That's when people began to notice Vito and Laura acting very affectionately.

"They showed up late together for a tour of the [Moorish fortress of] Alhambra, and they were walking together," the source said.

Word about the affair spread, and Republican officials soon became concerned, fearing it would be exposed, sources said.

Shortly after the second trip, Fossella's girlfriend was reassigned from being Air Force legislative liaison to an intelligence desk job at the Pentagon. She wouldn't be accompanying Hastert on any more junkets.

She split from her husband, Guy Shoaf, the day after Christmas in 2003 - about five months after cozying up in public with Fossella in Spain. It was her second divorce. They had no children.

She changed her name to Laura Fay and gave birth to Fossella's secret love child, raising the girl in a townhouse in Alexandria, Va., where Fossella was a regular visitor. Their daughter, Natalie, is now 3.

Fossella repeatedly lied to Fay, telling her he had separated from his wife, Mary Pat, his former high school sweetheart and the mother of his three children in Staten Island, a source said.

Fay only realized the extent of his deception when he confessed to fathering a love child last week, but made no mention of leaving his wife.

Malta is not an obvious place for a love affair to flourish. Not unlike Staten Island, it tends to be a conservative place.

It's a predominantly Catholic country where churches are the biggest monuments, more than half the populace attends Mass on Sunday and divorce is illegal.

Crowds of tourists mill through the narrow streets of the old city of Valletta, snapping photos of landmarks - including the Auberge de Castille, where then-Prime Minister Eddie Fenech Adami greeted Fossella and Fay's delegation in 2002.

The rocky hills are studded with military relics, and while other spots on the island have their share of ocean vistas and quiet lagoons, no one would call its capital city sexy.

"I don't think it's the kind of place you would come to for romance," said Vivian O'Boyle, a British tourist visiting Malta with her her husband, Paddy. "It's more for history."

alisberg@nydailynews.com

Fossella Shuns His Gay Sister - Source by by Melissa Grace and Tina Moore - NY Daily News

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Vito Fossella built a career as a staunch "family values" pol, polishing his image in his predominantly Catholic district with a string of anti-gay votes.

He even shuns his gay sister, Victoria Fossella, refusing to go to family events if she and her partner attend, a source close to the family said.

His double life is now exposed with the news he has a 3-year-old love child with a divorced Air Force colonel, and critics are calling him a hypocrite.

"Has the Catholic Church now sanctioned adultery?" asked John Adrian, a 64-year-old gay activist on Staten Island.

"That just makes him that more hypocritical."

As congressman, Fossella voted to prohibit any funding for joint adoptions by gay couples.

He has voted for the Marriage Protection Amendment, a federal prohibition on gay marriage.

He also demanded housing funds be held back from San Francisco unless it repealed its domestic partnership law.

Victoria Fossella is openly gay and marched in Staten Island's gay pride parade with her partner, according to an article published in Gay City News.

She adopted twins who were delivered by her partner, according to the story.

"She is known in the gay community and she is known in the gay community as an out lesbian," Adrian said.

A man who answered the door yesterday at Victoria Fossella's house refused to talk to a reporter.

"Nobody in the gay community likes [Vito Fossella]," Adrian said. "That speaks to his opposition to gay rights legislation."

Feds Probe Fossella Trip Financing by James Gordon Meek in Washington and Celeste Katz in New York - NY Daily News

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Democratic and GOP congressional officials are scrutinizing Rep. Vito Fossella's mysterious and pricey January 2003 trip to France, the Daily News has learned.

He was the sole lawmaker authorized to go - and his mistress is suspected of joining him.

The Staten Island Republican visited La Hague, France, supposedly on a "fact-finding" mission.

Lawmakers commonly visit La Hague to tour its nuclear fuel reprocessing plants, which have 6,000 people on its payroll, making it the largest employer in the region.

But "it's highly unusual for a member to go on the France trip alone, as he did," said a committee source.

Now the question is whether Fossella was less interested in nuclear power than in fueling a relationship with retired Air Force Col. Laura Fay: Last week he admitted fathering Fay's 3-year-old daughter.

In early 2003, she was a top Air Force legislative liaison officer who often traveled with congressional delegations.

House leaders are also eying Fossella's other overseas jaunts, since Fay is known to have traveled with him on official business more than once.

Fossella could be ordered to repay taxpayers for his whopping travel expenses if they conclude he mingled pleasure with business, sources said.

Team Fossella has refused to answer questions about the France trip, despite discrepancies in his official records.

He filed two forms with the House clerk: One said he was in France on Jan. 16 and 17, listing the trip as privately financed travel costing $388.48.

The second form listed the trip as from Jan. 14 to 18 and authorized by the Energy and Commerce Committee, with a cost to taxpayers of about $6,900.

In New York, Staten Island politicos remained abuzz with questions about Fossella's fate.

The Staten Island Advance reported that Fossella mentor and former Borough President Guy Molinari said the congressman "had every intention" of running for reelection. He later retracted that statement, saying Fossella never actually said that.

A national Republican source said party chiefs were anxiously awaiting Fossella's decision over the weekend, but hesitated to push him too hard.

"There's this kind of delicate dance going on right now where [the leaders] see the writing on the wall," the source said.

"Fossella "has not made any decision yet," his spokeswoman said.

A procedural hearing on Fossella's drunken-driving arrest - which ultimately exposed his double life - is slated for a Virginia courtroom Monday.

He is not expected to attend.

jmeek@nydailynews.com

With Stephanie Gaskell

The Crypt: Boehner Advises Fossella to Make a Decision Over the Weekend - Politico.com

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House Minority Leader John A. Boehner (R-Ohio) said Thursday that fellow Republican Rep. Vito Fossella (R-N.Y.) should do some serious thinking over the weekend about his political future.

Earlier in the day, Fossella acknowledged that he “had a relationship” with Laura Fay, a retired Air Force officer who paid his bail after he was arrested last week for drunk driving — and that he is the father of her 3-year-old daughter.

“I think Mr. Fossella is going to have some decisions to make over the weekend,” Boehner said at a press conference with reporters.

“I would hope and frankly expect, that this is a decision between he and his family," Boehner said.

Fossella said Thursday he will be making no immediate decisions about his political future.

Boehner side-stepped questions on whether or not he thought Fossella should resign, saying it is a decision for Fossella to make after consulting with his family and his constituents.

Boehner said he had spoken “briefly” with Fossella, but did not disclose the details of their conversation.

Wife May Veto Vito Amid 'Baby' Shock Lukas I Alpert - New York Post

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Embattled Staten Island Rep. Vito Fossella's wife was blindsided by allegations he may have fathered a love child, and is unlikely to stay at his side if it turns out to be true, a source close to the family said.

"She's not going to be standing by her man," the source told The Post yesterday.

Mary Pat Fossella, 42, may have known that her husband had been having an affair but was "shocked" to hear about reports that he told police he was going to be with his "sick daughter" when they arrested him for drunken driving last week, the source said.

If she decided to leave the veteran congressman, it would complicate matters for him politically. He also faces possible jail time.

Vito Fossella, 43, zipped back to the city late Tues day to attend his son's con firmation at the Church of St. Claire's on Staten Island yesterday. He then returned to his Washington office, where he declined to answer questions.

"The congressman has no comment," said an aide as they left the office late yesterday.

EXIT STAGE RIGHT: Conservative SI Rep. Vito Fossella scoots out of his office yesterday, avoiding questions about his DWI bust.

His wife was seen late in the day playing basketball with their three children in the driveway of their Staten Island home. She also declined to comment.

Word of a possible affair emerged in the aftermath of the DWI arrest when it was revealed that he had called his friend, former Air Force Col. Laura Fay, to sign him out of jail.

When he was stopped, he told police he was driving to "Grimm Street" in Alexandria, Va., to pick up his "sick daughter."

Fay lives on Grimm Drive and has a 3-year-old daughter.

The drumbeat of daily stories detailing Fossella's relationship with Fay has begun to take its toll and the congressman is said to be mulling his political future, several sources said. He faces re-election in the fall.

Word swirled yesterday through GOP political circles that Fossella was going to hold an afternoon press conference to discuss the arrest and answer questions - but he apparently changed his mind, sources said.

One source familiar with the situation said Fossella "really doesn't know what he is going to do."

Fossella, who was elected in 1997, is an arch-conservative with close ties to the Bush White House, which may make it more difficult for him to recover.

EXIT STAGE RIGHT: Conservative SI Rep. Vito Fossella scoots out of his office yesterday, avoiding questions about his DWI bust.

"When you espouse family values and you're the one that falls, it's a little harder to get up," said one GOP source.

Fossella is said to have been calling numerous GOP officials to both gauge their support and see if there was a way he could avoid serving jail time, several top state Republicans said.

Some said he should do the jail time and get it over with, and that he could still survive. But others said he couldn't survive politically if he did that.

"He cannot do a day in jail," said one GOP source.

But the godfather of the Staten Island GOP said yesterday he will continue to back Fossella's re-election bid.

"I'm going to be with Vito - no matter what," said Guy Molinari, the longtime GOP boss, former congressman and borough president.

Additional reporting by Kevin Fasick in Washington and Carl Campanile, Rich Calder and Joe Mollica in New York

lukas.alpert@nypost.com