For a year State Police have been investigating illegal gambling in Broome County.

So far, four people have plead guilty.

But former county legislator Michael Schafer wants a separate investigation of a person only considered a witness, 24 year old Michael Mollen of Binghamton.

He is the son of the Broome District Attorney, Gerald Mollen.

DA Gerald Mollen said his son did play in poker games here at 428 Court Street.

3 other people plead guilty to profiting illegally, by taking tips or a cut of the pot.

But Mollen says his son was only betting, and by law that's not a crime.

But Schafer wants the Governor to appoint a special prosecutor.

"I think it's ludicrous that a father can be investigating an alleged criminal act that his son is involved in. I don't feel this is fair to the people in Broome County and the voters," says Schafer.

Mollen says investigation of his son has been independent, and there was no evidence to charge him.

"The New York State police are a different organization from the Broome County DA's office. They are a statewide police organization. They don't answer to me, they don't answer in my direction," says Mollen.

Mollen also issued a warning.

"I don't care how politically connected the targets are. I don't care how much money they have. My duty is to the people of the state of New York and I guarantee Mr. Schafer and his associates that as long as I'm in this office, I will fulfill that duty," says Mollen.

Mollen says if new evidence does surface leading to charges against his son, he would not prosecute that case himself.

Mollen is a democrat running for re-election this year.

Schafer says he was not pushed to action by anyone in his Republican Party.