Pubdate: Wed, 22 Nov 2000 Source: Newsday (NY) Copyright: 2000, Newsday Inc. Contact: (516)843-2986 Website: http://www.newsday.com/ Author: Curtis L. Taylor. Staff Writer PROBING RUDY'S RELEASE OF RECORDS Judge Orders Inquiry In Dorismond Case Invoking a rarely used city law, a state Supreme Court judge yesterday ordered a court probe into Mayor Rudolph Giuliani's release of police shooting victim Patrick Dorismond's sealed criminal record. Public Advocate Mark Green had requested the probe, called a summary judicial inquiry, to determine whether Giuliani "violated or neglected his duties" by releasing the records in violation of state law "and his oath of office." Dorismond, a 26-year-old security guard, was unarmed when an undercover police detective fatally shot him March 16 in Manhattan. A fight broke out when Dorismond angrily rebuffed a query by undercover officers on where they could buy marijuana. No criminal charges were filed against Det. Anthony Vasquez, who shot Dorismond once in the chest. After the slaying, Giuliani and Police Commissioner Howard Safir sought to deflect criticism of police by disclosing that Dorismond had been arrested on a robbery charge in 1987, when he was 13. The case was never prosecuted, and the record was supposed to be secret by law. Green filed suit seeking a judicial inquiry under a section of the City Charter that has been used infrequently since it was created in 1873. "The court's decision today recognizes that Mayor Giuliani, Commissioner Safir and others must be held accountable for their conduct during this tragic incident," Green said at an afternoon news conference at City Hall. " Expediency cannot be a justification for ignoring the law and the rights of individual New Yorkers." City attorneys had argued that the law was unconstitutional and that, at any rate, it was designed to fight municipal corruption. They also argued that since Dorismond was dead, it was legal to release the records. But State Supreme Court Justice Louise Gruner Gans said the law's legality had been upheld before and that it applied to illegal release of juvenile court records. She also rejected the claim that Dorismond's records could be released legally after his death. "The ability and willingness of the mayor...to bypass the sealing safeguards...to ignore the procedures for judicial unsealing and disseminate information contained in sealed records at will, presents a question as to the functioning of municipal government of sufficient importance to warrant a summary inquiry," the judge ruled. Under the law, the mayor, police commissioner and other officials could be forced to testify under oath, questioned by lawyers for Green. They could not be charged with a crime, but a report could be issued. Green said he preferred not to conduct an inquiry and would withdraw the case if Giuliani apologized and promised not to repeat his actions. Giuliani has acknowledged it was a mistake not to show more compassion toward the Dorismond family. Giuliani accused Green, a likely candidate for mayor next year, of seeking publicity and said the decision will be appealed. Eric Lane, Hofstra University law professor and director of the 1989 Charter Revision Commission, cautioned that yesterday's ruling did not find the mayor guilty but allowed an inquiry "that allows the public to know what happened." - --- MAP posted-by: Richard Lake