conceal their political animosity toward plaintiffs and the Schaffer Administration by misrepresenting to the public, the press, and the court that the prosecution had its origins in a referral to the District Attorney's Office from the New York State Comptroller.


6
They further allege that on March 30, 1997, the day before the indictment was filed, when Kluesener was interviewed at his home by defendant Kelleher and other investigators of the District Attorney's Office and proffered documentary evidence demonstrating his innocence, Kelleher summarily dismissed the proffer stating that District Attorney Catterson was determined "to get" Town Supervisor Schaffer through Kluesener. Id. at ¶ 31. Similarly, in a November 1997 conversation, Suffolk County Republican leader John Powell allegedly told plaintiff Bernard that his indictment was politically motivated and that the DistrictAttorney's Office was pursuing a "witch hunt to get Schaffer." Id. at ¶ 25.

B. The March 31, 1998 Indictment

7
On March 31, 1998, defendants Dunne and McPartland procured a second indictment from the grand jury charging defendants Kluesener and Jacob with grand larceny, falsifying business records, conspiracy, and several counts of official misconduct. Following a jury trial, both defendants were acquitted of all charges.


8
Once again, plaintiffs assert that defendants' sole motive in pursuing these charges was to damage the Babylon Democratic leadership. Toward that end, a "member of the District Attorney's Office" — apparently not any of the named defendants — met with Republican leader Powell and solicited his assistance in securing a witness who could testify against Kluesener and Jacob. Powell and the unidentified member of the District