Accusations of wrong doing are a legitimate tool to use on the campaign trail, but they do not empower party leaders to overrule the will of Democratic Voters. What is interesting about Espadagate, is not just that he should be considered innocent until proven guilty; but that he has not been charged or "Formally Accused" of a crime.
Senator Diaz speaking on behalf of the Puerto Rican/Latino Caucus of the State Senate also came to the defence of his one time opponent, turn ally: “I am troubled to learn that despite scandals and investigations surrounding several Democratic leaders in the New York State Senate, an effort is underway to oust Senator Pedro Espada, the only Hispanic under investigation, from the Democratic Party..."
"...in this country, people are presumed innocent until proven guilty, not guilty upon accusation, not guilty upon investigation. If they are later proven guilty, then let the chips fall where they may. But until that time, especially in New York State, there should be no selective prosecution of Hispanics” concluded Senator Diaz.
According to attorney Eric Dixon; "Should the Espada disenrollment movement cite his legal troubles, then it would advance the principle that any public office holder who is under investigation or indictment would risk losing his First Amendment 'right to association'." Dixon goes on to say; "If being under criminal indictment [AS OF YET, ESPADA HAS NOT BEEN INDICTED] is an appropriate trigger for disenrollment proceedings, how come another former Bronx state senator, Efrain Gonzalez, was not threatened with disenrollment or expulsion from the chamber?"
Here is Assemblyman Benjamin on the Capitol Tonight show with Liz Benjamin making common sense.