Westchester DA primary candidates answer questions about bail reform, public safety


On Monday, The Journal News/lohud published part one of its survey of the Democratic candidates for Westchester County District Attorney. You can read the candidates’ answers to our first set of questions here.

William Wagstaff III, a civil rights attorney, and Susan Cacace, a former Westchester County Court judge, are both vying for the Democratic nomination. They responded to a series of questions surveying their positions on multiple issues important to the work of the DA’s office.

Below are their responses from the second part of our survey, covering criminal justice issues that have come to dominate the public discourse around crime and public safety, such as bail reform and sex offenses. The candidates’ responses have only been edited for length and clarity.

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

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

What new legislation would you propose to improve the criminal justice system?

Wagstaff: I intend to work closely with legislators to end existing loopholes in New York’s laws that allow criminals to prey on the vulnerable and skirt justice.

For instance, I’ve ardently advocated for the passage of legislation that would empower survivors of domestic and sexual violence to seek justice, which includes measures to prohibit the defense of voluntary intoxication in sex crimes and would add extreme risk protection orders to the statewide computerized registry of protection orders. The so-called “voluntary intoxication loophole” has allowed heinous cases where victims of sexual assault, who can literally no longer walk on their own or are unable to form complete sentences, are technically in consent.

Cacace: During my 14 years overseeing sex offense court, I saw firsthand how hard it is for many victims of sexual assault to find justice. That’s why I support legislation introduced this past session by Sen. Michael Gianaris (D-Queens) and Assemblywoman Amy Paulin (D-Scarsdale) that would allow New York state courts to make evidence of prior sexual offenses admissible at trial.

The legislation was a response to the reversal of Harvey Weinstein’s 2020 rape conviction by New York’s highest court. The conviction was overturned because the judge in Weinstein’s trial admitted testimony based on allegations unrelated to the case. Evidence of other sexual assaults by the abuser should be admissible in court as long as it doesn’t create an unfair bias. Victims should not be silenced. Our legal system must evolve to better support survivors and hold perpetrators accountable. This legislation is a step in that direction.

New York has enacted a number of criminal justice reforms in recent years, such as the elimination of bail for non-violent crimes. Are these reforms, on the whole, beneficial for the criminal justice system? Do they go too far, or not far enough?

Wagstaff: Following the data, because bail reform tackles disparities in the criminal legal system, it is advantageous for both people and public safety. Reform initiatives make sure that people aren’t imprisoned just because they can’t afford bail by lowering the dependency on cash bail, which upholds justice and cuts down on needless pretrial detention.

This also lessens the possibility that they will commit crimes again by enabling them to keep their jobs, homes and relationships with family. There are a lot of resources spent discussing bail reform that should be instead spent prioritizing investments in evidence-backed solutions that actually build safety and justice in communities.

But we do need to strike a balance, and use data to better inform the discretion judges have been granted to prevent egregious, repeat offenders from being let directly back onto our streets to commit more crimes.

These repeat offenders are in the minority, but they are a threat to the fabric of our safety and communities. As DA, I want to use data from judges’ discretionary bail decisions to further ensure we don’t let those who are going to commit crimes right back out.

Cacace: This is a complex issue, and in my 35 years of work within the justice system, I know that change was needed to make that system fairer and more equitable, and ultimately more effective. Our residents must know that the justice system is working effectively and that prosecutors have the public’s best interests in mind in every case they consider.

So while reform is welcome, I also believe that the legislature needed to adjust its original package of bail reform laws to give judges more leeway in considering individual cases, and individual defendants, who come before them.

I know that room for judicial latitude is vital to public safety because I’ve seen hundreds of defendants in real life. So I support giving judges the ability to require bail for defendants they judge as dangers to the community, even where the charged felony may be “nonviolent” in that specific case.

Give one or two specific examples from your own life that instruct what kind of district attorney you would be for Westchester.

Wagstaff: My life experiences and journey to this point are unlike any candidate in the history of the Westchester County District Attorney’s Office.

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 bring that unique background and perspective to meet the moment.

I became a lawyer with a focus on civil rights because I wanted to make an impact, and became frustrated with the lip service given to criminal justice reform and how the system doesn’t work to keep our communities safe, our families intact and rehabilitation an option.

I’ve handled some of the area’s highest-profile civil rights cases: lawsuits against the city of Poughkeepsie police for using excessive force on teenage sisters, representation of a Hudson Valley chapter of Black Lives Matter and its members who were victims of illegal police surveillance and a suit on behalf of the family of an unarmed man shot by New Rochelle police.

Put simply, if you want more of the same, and don’t want to effectuate positive change, you can vote for those who have spent their entire careers inside the DA’s office. Or you can vote for someone who has driven meaningful change inside and outside the DA’s office to lead our county in a better direction.

Cacace: As a lifelong Westchester County resident and long-term public servant, I truly understand the needs of our community. I was born and raised in Yonkers and served the public while working in Peekskill, Greenburgh, Mount Vernon and White Plains.

I’ve built relationships with city, town and community leaders, and I will use those relationships and my experience to build a DA’s office that is community-minded, safety-motivated and appropriately transparent.

As a mother of three daughters, I have always aimed to be a positive role model for them in both my personal and professional lives. To act with integrity. To be tough when necessary but compassionate. To work hard and be resilient. And ultimately, to be proud of the work that I do. And that’s how I will approach my job as DA.

This article originally appeared on Rockland/Westchester Journal News: Westchester DA primary candidates answer on bail reform, experiences

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