Attorney Kathleen Rice said that Espada could not lead anymore amid the investigations against him. State Senator Eric Schneiderman also called for Espada to not only step down from his senate position, but also forfeit his stipend. On June 9, 2010, residents from the 33rd Bronx Senate district, which Espada represented, descended upon Espada's out-of-district Mamaroneck home in Westchester County to protest for his ousting. 2010 re-election campaign Despite being under investigation by the Bronx District Attorney, the FBI, the IRS, and the New York State Attorney General, Espada ran for re-election to his 33rd State Senate District seat. He was challenged by a number of candidates, including (José) Gustavo Rivera. The New Roosevelt Initiative, an independent expenditure group led by Bill Samuels, pledged to donate $250,000 to a candidate who sought to defeat Espada. The New York State Democratic Committee launched efforts to oust Espada from the party. The week of July 5, the Committee sent a letter to Bronx party leaders calling for the cancellation of Espada's membership. They said Espada did not support party goals because he had joined with Republicans the previous summer in the power play that ground Senate business to a halt for a month. In response, on July 12, 2010, Espada claimed that the charges against him were filed due to racism. Espada said, "If you look brown and you're an immigrant, you're not supposed to have power". Furthermore, Espada proclaimed, "I have God on my side!" On August 9, 2010, two major labor unions — the 1199 SEIU and 32BJ — endorsed Espada's opponent for the 33rd district seat. Espada lost the primary election to Gustavo Rivera on September 14, 2010, 32.66% to 62.21%. In his concession speech, Espada blamed unions, outside influence, and the media for his defeat. Espada also refused to call primary winner Rivera personally. Indictment, demotion, conviction, and aftermath On December 14, 2010, Espada and his son, Pedro Gautier Espada, were indicted on six federal counts of embezzlement and theft. The indictment was by U.S. Attorney Loretta E. Lynch, and also announced by New York State Attorney General and Governor-elect Andrew Cuomo. According to Cuomo, the Espadas embezzled public money for personal use, including purchases of food, Broadway show tickets, and a down payment for a Bentley car. They faced up to 55 years in prison if convicted of all charges. The same day Espada was indicted, he