But Filicetti has said the DWI charge was not brought at the time because Caughel's supervisor that night, Lt. Steve Broderick, was doing a favor for Winter's father, Ronald J. Winter, the former assistant Niagara County district attorney. Filicetti said the ex-prosecutor came to Sheriff's Headquarters that night and talked to Broderick.

The department later brought an unspecified "administrative action" against Broderick, who is also Town of Lewiston supervisor.

Cardone was named special prosecutor in the case because of the connections of Ronald Winter, who now serves as confidential law clerk to State Supreme Court Justice Richard C. Kloch Sr.

Asked if he is being investigated by the state court agency that employs him, Ronald Winter said, "Not to my knowledge."

"I feel this was very improperly handled by the Niagara County Sheriff's Department, that there was inadequate proof of her (Rachel Winter's) intoxication," Cardone said.

"Joe Cardone did not do his job," Filicetti said. "Right out of the gate, when he first met with me, he did not want Rachel Winter charged with DWI. He discouraged us from laying the proper charge that the deputy intended to lay that night."

"I think his comments are inappropriate," Cardone responded.