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Mayor Demands Former DA Tossed From FDNY Bias Case

By DNAinfo Staff on May 29, 2010 1:52pm  | Updated on May 29, 2010 1:50pm

Mayor Michael Bloomberg's lawyers called for a federal judge to remove former DA Robert Morgenthau from an FDNY case because his
Mayor Michael Bloomberg's lawyers called for a federal judge to remove former DA Robert Morgenthau from an FDNY case because his "distaste" for the Mayor would make him impartial.
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DNAinfo/Shayna Jacobs

By Gabriela Resto-Montero

DNAinfo Reporter/Producer

MANHATTAN — Mayor Michael Bloomberg's lawyers have asked a judge to toss former Manhattan DA Robert Morgenthau off an FDNY racial bias case because the elderly law man’s “distaste” for the Mayor would cloud his judgment, the Daily News reported.

"A reasonable person, knowing all the facts, would conclude that Mr. Morgenthau's impartiality could reasonably be questioned," wrote city lawyer Georgia Pestana in papers submitted to Brooklyn Federal Court.

Morgenthau, 90, who retired as DA in January after 35 years on the job, was chosen to oversee the city's implementation of a new minority hiring policy after a federal judge ruled last year that the FDNY’s entrance exam discriminated against black and hispanic applicants.

Under the new arrangement, Bloomberg's office would have to report to Morgenthau, who publicly criticized the Mayor's office during the last months of his tenure as DA.

The presiding judge on the case, Nicholas Garaufis, hasn't yet ruled on the motion, the Daily News reported.

"My record and independence in my role as district attorney are no secret and I wouldn't have accepted the position if I didn't think I could be impartial," Morgenthau said in a statement.

"Nonetheless, of course I will do what is in the best interest of moving this important matter forward.”