DA: Paterson will not face perjury charge

Former Gov. David A. Paterson will not face a criminal charge that he lied about taking free New York Yankees World Series tickets while in office, the Albany County district attorney said on Saturday.

District Attorney David Soares said there was insufficient evidence against Paterson to convince a jury "beyond a reasonable doubt" that he had committed perjury.

"Even in our review of the facts we found reasonable doubt," Soares said.

Paterson's office said he would have no comment on the district attorney's decision.

Previously, a state ethics panel and an independent counsel had said there was reason to believe Paterson lied under oath about receiving five free tickets to a Yankees-Phillies World Series game in 2009. Paterson had contended he planned to pay for the tickets, but the Commission on Public Integrity said he had presented a backdated check as evidence.

Eventually, the commission determined Paterson violated state ethics laws and fined him a record $62,125.

Soares began looking into the case in 2010. He said his office "interviewed witnesses that had not been interviewed" by the ethics panel and resolved that a perjury case "would be very difficult to prove."

"We concluded that it would not withstand the test of guilty beyond a reasonable doubt," Soares said.

His office informed Paterson by letter of the decision. In it, Soares said he noted that the previous investigations looked at whether it was "reasonably likely" that a criminal offense had been committed. "By contrast, a criminal conviction requires proof beyond a reasonable doubt."

The letter arrived on Friday, Paterson's 57th birthday. The district attorney said he didn't notice the coincidence.