Westchester DA primary candidates answer questions on crime, public safety


Only two candidates are running in the Democratic primary election for Westchester District Attorney after the third candidate, former prosecutor Adeel Mirza, dropped out of the race Friday.

Susan Cacace, a former Westchester County Court judge, and William Wagstaff, a civil rights attorney, are both vying to be Westchester’s top prosecutor. Mirza’s name will nevertheless remain on the primary ballot.

Although this month’s race is only a primary election, the Democratic registration advantage in Westchester gives the winner a leg up in the general election in the fall. Regardless of the outcome, Wagstaff will be on the November ballot as the Working Families candidate. John Sarcone is the Republican candidate for District Attorney.

Susan Cacace and William Wagstaff III are running for Westchester County District Attorney.

The current district attorney, Mimi Rocah, unseated the incumbent district attorney, Anthony Scarpino, in a surprise victory when she ran in the primary race against him four years ago. She has declined to seek re-election.

Rocah recently endorsed Cacace, while Mirza has thrown his support behind Wagstaff.

In order to help voters choose between the two candidates, The Journal News/lohud queried them about their views on a variety of criminal justice issues. We will be publishing their responses in two parts, edited only for length and clarity. Below is the first part.

Early voting started Saturday and continues through June 23. Election Day is Tuesday, June 25.

Briefly outline your approach to public safety. What is currently working, and what would you do differently?

Cacace: My approach is based on decades of professional experience, beginning as an assistant district attorney in 1989 and continuing through my time as the longest tenured County Court judge of Westchester County, overseeing the sex crimes division in recent years. I have prosecuted or presided over hundreds of cases, and I know every corner of the justice system well.

I believe strongly in making that system fairer and more equitable, while at the same time providing the highest degree of public safety and crime prevention that every Westchester resident deserves. I will increase cooperation between law enforcement agencies, our community leadership throughout the county and the talented and committed team in the District Attorney’s Office.

Wagstaff: Westchester needs a district attorney who will prioritize protecting our communities and standing up for victims while at the same time recognizing that our system does not always lead to just outcomes. I intend to continue and support the Fresh Start program and the Conviction Review Unit. However, I firmly believe we need a stronger focus on data to drive decisions and results to achieve the public’s call for my approach.

The implementation of data-driven solutions can help address gun violence, hate crimes, domestic violence and property crimes — a method that ensures we are serious about safety and results, not just following rhetoric.

My office will optimize the collection and analysis of case data to better understand drivers of crime. It is critical to transition the office from being solely responsive to crime via prosecution, to placing an emphasis on crime prevention in order to improve public safety.

This isn’t just about crime, it’s about being proactive in utilizing the data to inform decisions and policies to achieve increased public safety and improved results. We will be dynamic in understanding, assessing and stopping crime before it escalates further or at all.

Is the structure of the Westchester County District Attorney’s Office compatible with doing justice? If not, how might you reorganize it?

Cacace: The important policy changes undertaken by DA Mimi Rocah must be continued and fully funded, including the Conviction Review Unit and Cold Case Bureau. Hate crimes and incidents are on the rise. That’s why I support the expansion of the Hate Crimes Unit and will create a Bias and Hate Crimes Advisory Board.

I also pledge to strengthen efforts to keep guns off our streets and to use the weight of the office to enforce red-flag and safe storage laws. This includes the important work of educating the community about such laws.

As a former judge who presided over sex offense court, I will do everything in my power to make sure that sex crimes are vigorously prosecuted and that survivors of these crimes get the justice they deserve.

Justice also includes continuing the work of the office to support efforts to safeguard reproductive rights and protecting our most vulnerable residents through a victim-centered approach that balances justice with compassion.

Wagstaff: I do not intend to go into the DA’s office on day one and alter workflows or cut staff. My first step would be to listen to input from the career prosecutors and investigators already in the office, evaluate each bureau and make informed decisions on how to structure the office. The goal is to effect positive change and make our county safer, fairer and stronger, and that is a process that will take time.

There are considerable gaps that need to be addressed. I pledge to have a dedicated Hate Crimes Bureau and form an Immigration Affairs Bureau to focus on these vulnerable communities specifically.

When elected district attorney, my office will dedicate significant time and resources to ensuring we use and explore every tool available to combat hate crimes, including making the Hate Crimes Task Force a reality. This dedicated bureau aims to have trained staff capable of identifying bias-motivated crimes.

An Immigration Affairs Bureau is also critical to the safety of us all and protecting the vulnerable. Data has shown that those fearful of their immigration status are less likely to report crimes, which makes everyone less safe while immigrants are targeted for a plethora of crimes.

There is often a gap between perception of crime and the actual incidence of crime. Why do you think that is, and how does that manifest itself in Westchester?

Cacace: Everyone in Westchester, in every community, has the right to personal safety, and our law enforcement community strives to keep crime levels low. Yet we know crime does occur despite the best efforts of the justice system, and the concerns of residents for themselves, their families, their homes, businesses and houses of worship, and their communities, cannot be ignored simply because the data shifts in one direction.

We know, for example, that the influx of guns from out of state — despite our own tough gun laws — makes our streets less safe. Understandably, gun crimes command the headlines. Similarly, hate crimes gain disproportionate public attention for a valid reason: they threaten entire communities based on race, religion, gender, age and sexual orientation.

I strongly believe that Westchester neighbors want to pull together in good faith to prevent an increase in crime and support the work of a fair justice system and well-trained law enforcement. That’s what can change perception in our communities, and I’m committed to increasing those levels of cooperation.

Wagstaff: The public perception of crime and safety in communities is what drives the people to vote and to choose where to live and raise a family. Too many career politicians know that and will skew narratives to fit their needs. The lack of transparency in the justice system often allows these narratives to play out.

One example is public perception and confidence in law enforcement. As a Black man and son of Mount Vernon, I know there are many — even in Westchester County — who are wary of interacting with police. When crimes aren’t being reported, there’s a glaring gap in reality versus perception.

I’m serious about safety and the need to support our police. We need to hold bad actors accountable while supporting law enforcement. As special prosecutor for police discipline in Mount Vernon, I have the experience of doing both — prosecuting where required, and still advocating for officers when the current district attorney wanted to place officers on the “bad cop” list without providing objective evidence to support that designation.

We need to be releasing dash-cam and body-cam footage, when it will not compromise investigations or prosecutions, to increase public confidence in cases with misconduct allegations. I will also make available to the public the policies and protocols related to officer misconduct and issue public reports detailing the investigatory findings.

When are alternatives to incarceration appropriate, and when is incarceration a necessary penalty?

Cacace: Supporting diversion programs for youth, mental health and substance abuse treatment are vitally important because they help stem recidivism rates and give people a chance to get their lives back on track. Incarceration is not always the solution. My experience as a prosecutor and judge taught me first-hand that some people simply deserve a second chance. I will continue to support specialty courts and programs like Fresh Start, which gives certain first-time, low-level offenders the social services they need instead of jail time.

I also strongly support the efforts of my colleagues in Westchester County government, including County Executive George Latimer’s office, to establish mobile mental health crisis units to deal with situations before they make their way into criminal court and our justice system. The teams are made up of police and mental health professionals who are trained to respond to a crisis, and they follow up with individuals to connect them with services like housing and substance abuse treatment.

These teams are part of Westchester’s Project Alliance work, which was a response to calls for police reform after the George Floyd protests. I support these cooperative efforts at all levels of government, along with our social services sector, to provide alternatives to arrests and criminal charges.

Of course, when it comes to the most heinous crimes, incarceration is a necessary penalty. The penalty should fit the crime, and as a former assistant district attorney and veteran judge, I will never hesitate to seek appropriate sentences for serious crimes.

We are a nation of laws, and while we all work to improve the system, there must be consequences for breaking those laws and ultimately harming others.

Wagstaff: The determination of the punishment must be guided by the specific facts of the case. My policies are driven by data. And I will use the data to ensure we do more to prosecute serious crimes such as gun violence, gang activity, domestic violence and child and elder abuse.

There are diversionary programs that work for those with substance-use disorders or mental health issues.

Statistics that were recently shared by The Journal News/lohud on the reduction in opioid-related deaths were promising. However, there is still a long way to go to reduce the death toll, rehabilitate those suffering from addiction and ultimately remove these drugs from the region.

My office will focus on holding those who commit crimes accountable while ensuring access to diversionary programs so that they can enter recovery and receive the treatment they need to break both their addiction and the cycle of crime.

This same method will be applied to those suffering from mental illness because the data doesn’t lie. Providing access to diversionary programs allows people to heal while they remain accountable for their actions — and it is a critical investment in our community.

We have seen the traditional path of prosecuting people regardless of the underlying drivers of crime, which only perpetuates this cycle. To move forward, we need to use methods that have been proven to be effective by reputable organizations, in order to restore confidence in our criminal legal system and break the cycle of crime.

This article originally appeared on Rockland/Westchester Journal News: Westchester DA candidates Cacace, Wagstaff answer questions

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