Former State Health Commissioner Faces Criminal Charges

ALBANY _ Former state Health Commissioner Antonia Novello was charged criminally Tuesday morning for allegedly misusing her office and stealing services from the state during her seven-year tenure as the state's top health official.

Novello, 64, health commissioner from 1999 to 2006, pleaded not guilty Tuesday morning in Albany County Supreme Court to a 20-count indictment, including four felony charges that she defrauded the government and offered false instruments.

The other counts claim she stole state services.

She could face a maximum of 12 years in prison if convicted on all counts, said Albany County District Attorney David Soares.

Albany county Judge Stephen Herrick allowed her to be freed without bail.

In a report in January, the state Inspector General's Office alleged that Novello used state workers to provide personal services for her, including taking her on lavish shopping sprees and requiring workers to rack up about $50,000 in overtime to tend to her.

The inspector general said she used state workers for such chores as buying her groceries, moving furniture and watering her plants.

Her attorney, E. Stewart Jones, today blasted prosecutors for bringing criminal charges.

"This could have been resolved civilly," he said. "This is selective prosecution."

"Politics is a contact sport," he continued. "There are people who are vindictive and have been determined to get her ever since she left the state."

Novello also served as U.S. surgeon general from 1990 to 1993. She declined comment today.

Soares, who said he doesn't expect the case to come to trial before late summer at the earliest, expressed frustration that the penalties Novello faces if convicted aren't stiffer.
He said theft of services - the most common charge Novello is facing - should carry the same penalties as theft of goods.

He said he planned to send a letter to Gov. David Paterson and legislative leaders today asking them to toughen the penalties.
The charges against Novello come just two days after state Sen. Kevin Parker, D-Brooklyn, was arrested for allegedly assaulting a newspaper photographer.

On Friday, former Bronx Sen. Efrain Gonzales pleaded guilty to funneling $200,000 in state funds to two Bronx nonprofits so that he could pay off credit-card bills. And in December of 2006, former Comptroller Alabn Hevesi pleaded guilty to felony charges that he used state workers to chauffeur his wife and run other errands for her. He quit his office and paid more than $1 million in fines and penalties, but escaped time behind bars.

Jay Gallagher/ Gannett News Service