Cortland County District Attorney explains why he denied his pornographic past

Keith Dayton

There are new developments in the case of a 70's porn star who became the Cortland County District Attorney.

D.A. Mark Suben spoke out on Cortland radio station WXHC three days after he publicly admitted to performing in the adult film industry in the early '70's, and apologized for denying his past to the media prior to his reelection. Suben told WXHC radio host Eric Mulvihill that he will not resign.

Listen to the WXHC interview.

Though Suben denied his involvement in pornography, and says he "continues to apologize for the denial," Suben accused the media of making "themselves instruments of a smear campaign."

Suben explained that he deceived the media because the story had "no relevance to the DAâ??s office and what we do there." Suben continued to say, "I was also responding to something that was irrelevant to the campaign issues but which had the potential to sway the election."

Suben says he was "faced with a choice to allow this election to be hijacked." Suben continued to blame his Republican opponent Keith Dayton and his supporters for waging this alleged smear campaign.

For his part, Dayton denies any involvement in leaking allegations that Suben was a pornographic actor to the media. Dayton did, however, tell CNYCentral's Jim Kenyon on Monday that he intends to convene a meeting this week of the Criminal Justice Committee of the Cortland County Bar Association, of which he is chair.

Dayton says the committee will discuss Suben's lie to the media and whether it violates ethical behavior.

Suben says that be believes the public will continue to find him credible. When asked if his role in the films may undermine his work as a prosecutor, Suben says it would not. "What happened 40 years ago was not illegal... it was another time, it was another place. It has no relevance to my job and my work in the DAâ??s office on a day to day basis," Suben says.

Not only did Suben deceive CNYcentral's Jim Kenyon last month, he also made the same denials to The Post-Standard reporter John O'Brien. The Post-Standard reported that Suben even threatened a lawsuit if the story was published.