NORTH GREENBUSH – Rensselaer County District Attorney Joel E. Abelove has declined to seek a special prosecutor to investigate Supervisor Lou Desso, a fellow Republican whose son works for Abelove.

Ron Sinico, who ran unsuccessfully as the Democratic candidate against Desso last year, asked Abelove to seek a special prosecutor in response to a Times Union July 8 article outlining actions in the town allegedly involving Desso.

"The article detailed numerous inappropriate favors worth substantial amounts of money given to Supervisor Desso by developers and contractors," Sinco wrote in his July 11 letter to Abelove.

Sinico cited Desso for allegedly failing to pay $10,000 for a special sewer district hookup; appearing before the town Planning Board to support projects; $1,250 not declared as a campaign contribution after a lawsuit by a restaurateur recovered $5,000 from Desso; and an alleged gift of topsoil to be used as fill at a lot where a home may be built for Desso's son. Jon Desso works for Abelove as a spokesman and grant writer.

"Obviously your office cannot examine these issues given the fact that your employee benefited from the free topsoil delivered to a lot intended for his new home. Accordingly, I ask that you request the County Court Judge to appoint a Special District Attorney to examine the questions presented in this article," Sinico said in his July 11 letter asking Abelove to take action.

Abelove responded to Sinico in a July 19 letter saying that it was "premature" to seek an outside prosecutor.

"Given the nature of your request, I encourage you to contact either the New York State Police or the Rensselaer County Sheriff, in order to file a complaint or request a criminal investigation concerning the allegations you reference in your letter," Abelove wrote.

"As there is not a criminal case or investigation pending in this office, your request that I seek a Special Prosecutor is premature," Abelove continued.

Sinico said he was disappointed that Abelove did not go to a judge to request the appointment of a special prosecutor. Sinico said he is weighing was he next step will be. He said he is considering going to the state attorney general, the FBI, the State Police or the Rensselaer County Sheriff's Office to file a complaint.

Lou Desso said Sinico's letter to Abelove followed the town Democrats' typical pattern of behavior for the last decade in calling for investigations.

"I'm not afraid to be investigated by anybody," Desso said Friday.

"I've followed the letter of the law to the best of my ability in everything I've done since being in public office," Desso said.

On Friday, Sinico said of the situation in the town: "It's a morass."