Independent Probe Asked in Pierce Case : HUD: Democrats on the House Judiciary Committee request the appointment of a special prosecutor to investigate the agency.

Democrats on the House Judiciary Committee today requested the appointment of an independent counsel to investigate former HUD Secretary Samuel R. Pierce Jr.

As a result of the request, Atty. Gen. Dick Thornburgh must report to Congress within 30 days whether he has opened a preliminary investigation, the next step in a procedure that could lead to court appointment of an independent counsel, sometimes called a special prosecutor.

Rep. Charles E. Schumer (D-N.Y.) and Rep. Bruce A. Morrison (D-Conn.) announced that 19 of the 20 Democratic members of the House Judiciary Committee had signed a letter requesting Thornburgh to begin the procedure under the independent counsel law.

They said evidence gathered by House investigators probing allegations of massive wrongdoing at the Department of Housing and Urban Development suggests possible conspiracy to defraud the government and perjury.

“Sam Pierce, entrusted with programs for the poor and powerless, instead gave those programs to the very rich and the best politically connected,” Schumer said.

“There is ample evidence of wrongdoing at HUD, but there is stonewalling at the top. The only way to get to the bottom of the mess at HUD is through the appointment of an independent counsel.”

Schumer and Morrison said they met with Thornburgh on Wednesday and informed him that their formal request would be made.

Schumer said the Justice Department has “turned up the burners” in its investigation of allegations of fraud, influence peddling and other wrongdoing at HUD.

At the Justice Department, spokesman Daniel Eramian had no immediate comment on the Democrats’ request.

Pierce and three of his former top assistants at HUD have cited their Fifth Amendment constitutional right against self-incrimination in refusing to testify before the House investigative subcommittee.

Robert Plotkin, one of Pierce’s lawyers, criticized the Democrats’ action and said it will serve to delay further any congressional testimony by the former secretary.

“Normally when you convene a grand jury, as would be the case under a special prosector, you already have some evidence or some idea that some unlawful act occurred,” Plotkin said. “I’m unaware of any wrongful act that anyone says Secretary Pierce has done.”

Justice officials have said they were conducting investigations into HUD activities across the country.