Fossella runs out the clock on House Ethics Committee

In a statement by the House Ethics Committee investigating Fossella's arrest, the committee announced they will not be making any findings or recommendations due to their term expiring before Fossella's appeal is heard;

On May 21, 2008, an investigative subcommittee was established to conduct an inquiry regarding Representative Vito Fossella with respect to his arrest on or about May 1, 2008 in Alexandria, Virginia for the misdemeanor criminal charge of driving a motor vehicle while under the influence of alcohol.

The subcommittee concluded its work without a recommendation of further action against Representative Fossella. The investigative subcommittee had deferred action in this matter because of the pendency of the criminal proceedings involving Representative Fossella. Representative Fossella did not seek re-election, and the Committee will lose jurisdiction over him when his term expires on Jan. 3, 2009.

An investigation and potential removal from Congress by his colleagues would have been disastrous for any future life in politics or lobbying that likely is in Fossella's future. My guess is the appeal of his sentence has more to do with running out the clock on the House Ethics investigation than it has to do with avoiding jail time.

Random items from Fossella's trial

There were a few items that slipped past me that have come out with updates from Fossella's trial.

In his October trial Fossella claimed that his hand sanitizer was the cause of his .17 blood alcohol level;

"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."

Five days is the lightest sentence he could receive;

The maximum penalty on the misdemeanor charge is one year in jail.

Umm;

...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,"

NYTimes on Fossella's court date delay

So Fossella is fighting his DWI instead of helping pass legislation to support the troops, nothing new. New York Times is running an article on the most recent court delay and more stall tactics from Fossella.

Barry J. Pollack, Mr. Fossella’s lawyer, said he had numerous questions regarding the reliability of the breath analysis machine, made by CMI Inc. of Owensboro, Ky.

He said he had issued a subpoena to the Virginia Department of Forensic Science to get materials related to the machine that was used for Mr. Fossella. The state has responded in part, but Mr. Pollack said more information was needed.

The Times nicely points out what may be a bigger issue for Fossella. He failed breath analysis tests on two different machines. Both times he was well over the legal limit.

At the time of Mr. Fossella’s arrest, law enforcement officials said he had been tested on two different breath analysis machines, which produced different readings.

The arrest report said Mr. Fossella failed several sobriety tests on the street, including a preliminary breath test on which he registered a blood alcohol level of 0.133 percent. After he was arrested, he recorded a level of 0.17 percent on another machine. The legal limit in Virginia, as in most states, is 0.08 percent.

Happy August

We are just 28 days away from Rep. Fossella's court date for his DWI arrest! Despite failing several sobriety tests Fossella has hired private investigators and plans on contesting his arrest and subsequent blood alcohol tests. Congratulations to Rep. Fossella for being a role model for everyone.

Fossella's DWI court date delayed

via The Slueth;

Fossella's court date was originally scheduled for June 27 but it has been postponed until July or August, according to Fossella defense attorney Barry Pollack. Pollack cites a number of reasons for the delay, including a typo in his subpoeana to the manufacturer of the breathalizer machine that recorded the congressman's blood alcohol level at twice Virginia's legal limit.

More time for Fossella to support the troops fight his arrest.

Desperate Fossella hires OJ Simpson's private detectives

via the Washington Post;

As first reported in the New York Daily News today, Fossella has hired the very same gumshoes who once worked for the likes of O.J. Simpson, Patty Hearst and mafia boss John Gotti. The private eyes, James Harkins and John McNally, have been spotted interviewing patrons and workers at the Logan Tavern, where Fossella and a drinking buddy were kicked out late on April 30, not long before Fossella was pulled over -- across the river, in Alexandria -- after midnight.

Fossella's arrogance which has ruined his family and career is leading him to fight his DWI;

Pollack says he plans to fight the results of the breathalizer test that was administered to the Staten Island congressman at the Mount Vernon, Va., police station, some three hours after he was pulled over for running a red light. That test was the fourth administered to Fossella. Police gave him a field breathalizer test, which registered at about 1.3, then took him to Alexandria, where the machine wasn't working. Fossella was then taken to Mount Vernon, where a first test was deemed inconclusive and a second registered his blood-alcohol content as 1.7.

Fossella feeling infallible may fight DWI

via the Advance;

On Friday, defense lawyers for Fossella subpoenaed files from the Kentucky manufacturer of the Intoxilyzer 500, the Daily News reported today. The machine determined the congressman's blood-alcohol level to be .17, more than twice the legal limit in Virginia.

Humor at Fossella's expense

HA! Fossella To Spend More Time With One Of His Families;

Congressman Vito Fossella, who was recently arrested for driving while intoxicated, announced today that he will resign from Congress "in order to spend more time with one of his families." Fossella made it clear that he had not yet decided which family he was planning on spending more time with, but told reporters that he would have time to reflect upon the question during an upcoming prison stint.

Go read it all.

If you can believe The Post Fossella not resigning

via NYPost;

Defying disgusted constituents and angry Republican leaders, disgraced Rep. Vito Fossella has told pals he plans to seek re-election.

snip

"He's not just inclined to run. He plans on running," said Molinari, a former congressman and Staten Island borough president who was succeeded by Fossella as the de facto leader of the borough's GOP.

but let's add some confusion via the Advance;

A Fossella spokeswoman did issue the following statement on his behalf at 12:15 Sunday morning: "Congressman Fossella appreciates the support of so many people, including Guy Molinari, but he has not made any decision yet. And he continues to spend time with his family."

Vito Fossella Resignation Watch, Part 2

Today we have several editorials calling for Fossella to resign.

NYPost under the title Time to go, Vito;

Vito Fossella needs to just go away.

Now.

via the Staten Island Advance, Mr. Fossella, resign;

In wake of the widening scandal surrounding Rep. Vito Fossella, the Staten Island Advance today called on the congressman to resign from office.

"Far too much damage has been done to his personal reputation and credibility at this point for him to recover and be an effective public servant," the paper wrote in an editorial today. "And there is too much potential for pointless and endlessly embarrassing digressions into this scandal if he chooses to stay in public life."

Brooklyn Paper calls for resignation;

But the congressman needs to take the logical final step: he must resign sooner, rather than later.

Regardless of the outcome of Fossella’s legal and personal struggles, voters in Bay Ridge and Staten Island will simply not be served during the final six months of Fossella’s current term unless the six-term congressman resigns immediately.

h/t to the Albany Project

Fossella admits to adultery and paternity

via Vito;

“I have had a relationship with Laura Fay, with whom I have a three year old daughter.

"My personal failings and imperfections have caused enormous pain to the people I love and I am truly sorry.

"While I understand that there will be many questions, including those about my political future, making any political decisions right now are furthest from my mind.

“Over the coming weeks and months, I will to continue to do my job and I will work hard to heal the deep wounds I have caused.”

h/t to Azi

Introducing VinoFossella.com

For those of you following the tailspin that is Fossella's career let me introduce VinoFossella.com. This site, live as of an hour ago tracks Vito Fossella's DWI arrest and the media storm that has happened since Wednesday April 30. The purpose it to track what info has come out and when it first appeared with references to the articles.

Vito Fossella Arrest News Roundup, Part IV

I need to get this out a little early tonight, a lot of things to cover...

NEW UPDATES
Vito Fossella losing his seat in Congress for all the wrong reasonsDown With Tyranny
Fossella to call it quits?, Swing State Project

Fossella about to be forced out by his own party
NY-13: Fossella on the Ropes, Swing State Project
Fossella’s Future in Doubt, Roll Call

Privately, however, political leaders and operatives on both sides of the aisle were beginning to express doubt that Fossella can serve out the remainder of his term - let alone remain politically viable in November.

"I think the realization is beginning to sink in that he can't last," said one Washington, D.C., Republican. [...]

Vito still shaking the money tree, Advance;

Fossella said last week that he would not resign from office, but has not stated that he will remain a candidate for re-election this fall.

After Fossella’s D.W.I. Arrest, District Is Puzzled and Torn

Her husband, Andrew, 34, said he would not vote for Mr. Fossella again. “I mean, someone who’s a politician like that is usually gunning for other people doing something wrong,” he said. “I wouldn’t vote for him again.”

Troubled GOP Rep. Fossella On His Way Out?, Washington Post;

GOP aides speaking on the condition of anonymity said they expected Fossella would announce imminently that he won't seek reelection. But Fossella spokesman Craig Donner tells the Sleuth that no announcement or press conference is planned.

Problems Mounting For Embattled Fossella, CBS2


Is Fossella the father?
Omerta on Vito 'baby talk', NY Post

Fay's flurry of calls is designed to shore up a wall of silence since details of her relationship with Fossella emerged when she curiously signed him out of jail after his arrest for drunk driving in Alexandria, Va. last Thursday, the relative said.

When he was stopped, "the subject stated that he was driving down from Washington D.C. to Grimm St. because his daughter was sick and needed to go to the hospital," the police report said.

Fay lives on Grimm Drive.

Vito Fossella told cops he was on way to see 'my sick kid' at mystery gal's address, Daily News
Fossella Scandal at "Highly Inappropriate Question" Phase, Gothamist

ABC7 News Coverage of Fossella's arrest

Fossella Five to visit Fossella in jail

via Fossella Five;

Sally Jones and Thomas Good, members of the Fossella Five*, have released the following statement on the arrest of Congressman Vito Fossella for driving while intoxicated:

While we would never advocate placing a human being in a cage and calling that rehabilitation, we are aware that this is precisely what the great state of Virginia may do to Vito Fossella should he be convicted of driving while intoxicated.

There is one possibility for salvaging this regrettable state of affairs: both the congressman’s self described “error in judgment” and the Old Dominion’s punitive approach to treating alcohol abuse. We pledge that should Vito Fossella indeed be incarcerated for drunken driving, we will visit him in jail. We would do so in order to comfort the congressman in his hour of need and because this might be our only opportunity to meet with our representative — previously Mr. Fossella has been unavailable to meet with his constituents. We would gladly put time aside to meet with our fellow Staten Islander to discuss both his present difficulties and his positions on the Iraq War, health care, the Patriot Act, and immigration. We hope to see something positive come from this unfortunate situation and we want to support our congressman - we know what it is like to be incarcerated as we were arrested in the congressman’s office when we attempted to speak with him, a little over a year ago.

[*The Fossella Five were arrested in Rep. Vito Fossella’s Staten Island office on March 23, 2007, for reading the names of the (US) war dead aloud and demanding a meeting with their representative so they might discuss the position he holds on continuing the U.S. occupation of Iraq. ]

Fossella's drunk drive potentially 10.5 miles long

Today we got a little more information about Vito Fossella's drunken escapades including where we was last known to be drinking and that he and a companion were cut off and asked to leave their final bar. via the Daily News;

A hammered Vito Fossella and a stumbling drinking buddy were asked to leave a Washington bar hours before the Staten Island congressman was busted for drunken driving, witnesses said Monday.

"I can't imagine him [Fossella] getting into a car. They were [both] incapable of driving," Josh Hahn, a waiter who was working Wednesday night at the Logan Tavern, said of Fossella and his plastered pal named "Brian."

snip

Hahn said he helped the men to the street and flagged down a cab for them. It's unclear if the two men got into the cab or walked off, possibly to Fossella's car.

Google Maps shows us that the route from Logan Tavern, in Wasington DC to the intersection where he was pulled over in Alexandria, VA is about 10.5 miles. This is no short ride down the street to the neighborhood bar.

Republicans very concerned about Fossella's seat

via Politico;

Fallout from New York Republican Rep. Vito Fossella’s drunken driving arrest last week could seriously jeopardize his hold on the Staten Island district and possibly cost the GOP yet another seat in the Empire State.

snip

“The prospect of jail time would make it very hard for him to run again,” said Cook Political Report House analyst David Wasserman. “The difference between serving jail time and pleading down to a lesser charge makes a huge difference in Fossella’s political future.”

snip

Fossella’s scandal also puts his lagging fundraising in greater focus. Fossella has been one of the weakest Republican fundraisers, and he has less cash on hand than Recchia.

via the Daily News;

Critics in his own party wondered whey he called Fay instead of his chief of staff, who also lives in Alexandria.

via the Advance (note, not necessarily a Republican);

One Island political observer was puzzled by Fossella's strategy.

"It's hard to figure out what's going on," the observer said. "This thing with the woman, it's a totally different environment. These questions have to be answered. He can't keep saying 'no comment.'"

via the Daily News;

"Until you see something worse [than DWI] and he resigns, he's going to be the candidate," said a Republican operative in Washington. "At this point in the game, a wounded incumbent is better than a no-name candidate."

Staten Island DA Donovan zero tolerance for drunk drivers

D.A. Donovan: Contrary to National Trend, DWI Fatalities on the Rise in New York State, 2004;

According to statistics released on August 25th by the NHTSA, a total of 17,013 alcohol related fatalities were recorded in 2003. This is down by 511, or nearly 3%, from the total of 17,524. “Law enforcement agencies across the nation, including my office, have been working tirelessly to end drunk driving and its tragic consequences,” stated District Attorney Donovan. “While the national statistics are encouraging, the numbers for our own state should convince anyone that our work is far from done.” District Attorney Donovan noted that in New York State, alcohol related fatalities on our roads increased by 47, or 9.8% from 2002 to 2003, from a total of 482 in 2002 to 529 in 2003. In 2003, drunk driving accounted for 35% of auto fatalities in New York State. Ironically, this increase in fatalities in New York occurred after the State lowered the Blood Alcohol Content limit to .08% from .10%.

“If these statistics don’t wake people up to the dangers of drunk driving, I don’t know what will,” stated the District Attorney. “My office will continue to vigorously prosecute anyone who is arrested for drunk driving on the roads of Staten Island.”

With police enforcement on roadways and at bridge crossings, drunk driving arrests should reach another record on Staten Island this year. As of September 1st, there had been 543 DWI related arrests in 2004. At the current pace, this years arrests will far exceed the totals in 2002 and 2003, when there were 626 and 665 respectively.

“On Staten Island we have been fortunate that we have not had any alcohol related fatalities this year,” noted Donovan. “However, I would rather depend on zero tolerance for drunk driving than luck.” [bolded for emphasis]

D.A. Dan Donovan, 2007;

“When I was a candidate for District Attorney, I told the people of this community that I would aggressively target the drunk drivers who endanger all of our lives on the road, stated District Attorney Donovan [bolded for emphasis]

Fossella's arrest on ABC 7 at 11PM

I am hearing that ABC 7 is going to have a chronological report on Rep. Vito Fossella's arrest tonight at 11pm.

Vito Fossella Arrest News Roundup, Part III

Laura Fay
Vito's Mystery Pal A Mom, NY Post;

When asked whether Fay's 3-year-old was the same girl Fossella had to take to the hospital, his spokeswoman declined to comment.

Vito Fossella & pal were pickled at pub, had to be kicked out, waiters say, Daily News
It's lucky Vito Fossella's boozy antics didn't end in tragedy, Daily News;

I do not care if Fossella was on his way to see a lover or a "longtime friend" or whatever else the mystery woman might be. None of that would get anyone killed or injured.

What did outrage me was what this duly elected representative of the people was effectively saying by climbing behind the wheel with a snoot full: "I do not care if I put some innocent soul in the morgue, no matter how young."

Vito lays low; questions mushroom, Advance;

One Island political observer was puzzled by Fossella's strategy.

"It's hard to figure out what's going on," the observer said. "This thing with the woman, it's a totally different environment. These questions have to be answered. He can't keep saying 'no comment.'"

Congressman Vito Fossella Arrested for Drunk Driving in DC, Weird Long Beard Press;

Roberto was holding the cab door open not ten feet away, but Vito Fossella decided he and Brian were well enough to walk ... and apparently drive back to Alexandria ... drunk and delirious.

Vito, Vito, Vito: Fossella's "Wild Night" Before His DWI Arrest, Village Voice
House, Senate, Governor Roundup 5/6, DailyKos
Fossella to resign?, Rochester Turning

see also:
Vito Fossella Arrest News Roundup, Part II
Rep. Vito Fossella Arrested News Roundup Part I

update: had some formatting issues to take care of and fixed that really long Weird Long Beard Press link