District Attorney candidates debate at SUNY Broome: Here are the takeaways – Pressconnects

Three contenders for Broome County District Attorney squared off Wednesday in a packed theater at SUNY Broome Community College in Dickinson, tackling public safety issues ranging from how to work with crime victims, fostering community relationships with law enforcement and incarceration concerns at the jail.

Paul Battisti, a Republican; Debra Gelson, a Democrat; and Michael Korchak, a Libertarian, are running to secure a four-year term as District Attorney.

Election day is Nov. 5.

The debate was organized by SUNY Broome, the colleges History, Philosophy and Social Sciences Department, the League of Women Voters of Broome and Tioga Counties, the Binghamton University Center for Civic Engagement, Andrew Goodman Vote Everywhere at Binghamton University and WSKG Public Media.

[Click here for a recording of the full debate by WSKG]

Broome County District Attorney candidates (from left) Paul Battisti, Debra Gelson and Michael Korchak, debate Wednesday, Oct. 23, 2019, at SUNY Broome Community College.(Photo: Anthony Borrelli / Binghamton Press & Sun-Bulletin)

Here are some key takeaways from the debate, based on the order in which candidates responded:

Korchak: This is a very important topic because it involves the issue of plea bargaining. Plea bargaining is a necessary element of the criminal justice system whether you like it or not. We have 1,500 felony cases coming through the criminal justice system every year and two county court judges so it's not possible to try every case.

You have to take into consideration the wishes of the victim; you don't want to re-traumatize the victim. A victim of a rape case should not be forced to testify to make the DA look good. From Day One, I was taught as a prosecutor that victims come first. You treat the victim as if the victim is a member of your own family.

I've worked with sexual abuse victims, I've worked with the families of homicide victims. You can't force someone to testify against their will and that's why sometimes there are plea bargains that the public sees and they're not 100% in agreement with them. You have to take into consideration the wishes of the victim and if they're unable or unwilling to testify, that has to be factored in to the way the case is resolved.

Battisti:When there's been a victim of a crime, they must be advised of all their rights. It doesn't always happen. We've got to ensure face-to-face time with that victim. We have to make sure we're using all our community partners, whether it's the Crime Victims Assistance Center, whether it's RISE, whether it's CPS.

We need to make sure this victim knows we're there for them. We need to ensure that victim has a voice. We need to ensure that victim has an order of protection so they feel safe.

In recent meetings with community agencies, I was made aware of the "buddy system," and it's a new piece of technology ... where a defendant will wear an ankle monitor. The victim of a crime will have a device with them, so if that defendant gets near them, it alerts the victim that they're nearby so they can call for help.

It's things like this that we need to do so that victims are aware that we're there for them, so our actions and not just our words show they mean something to us.

Gelson: I understand what these victims are feeling. Everyone heals different, everyone's circumstances are different. So when I became the director of a sex crimes child abuse unit (in New Jersey), I initiated a vertical prosecution, where I took the case from the very beginning and worked with the victim all the way up through grand jury, including trial.

In my last year as a District Attorney and director of the sex crimes unit, I tried 16 jury trials sexual abuse, rape cases, child abuse cases I won 16 out of 17.

I attribute that to my trial skills, but I attribute that we were able to get victims into a position where they no longer felt guilty. They no longer were afraid. They felt that we supported them. They felt that we would help them. We empowered them.

And by the time the case came ready for trial, they were ready for trial. That's not always the case, but that is what the job, in my opinion, is to do: Advocate as well as to help those victims.

Korchak: If there's a criminal activity or if there is evidence of criminal activity, the District Attorney's Office does investigate. There is a difference between civil liability and criminal liability in a death case. There could be neglect, there could be an incident where someone didn't get proper medical treatment, but that isn't necessarily in and of itself criminal activity.

Many of the individuals who go to the jail are coming in under horrific circumstances: they're detoxing, they're going through withdrawal of drugs or alcohol, and many have pre-existing medical conditions.

The jail unfortunately is not a hospital, they do have a medical unit.Obviously, improvements can be made in the evaluation of individuals coming into the jail, but I can assure you that if there's any criminality involved in the circumstances surrounding someone's death, the Broome County District Attorney's Office does look into that and they're doing that now with every death that comes out of the Broome County jail.

Battisti: The New York State Department of Corrections does in fact have a task force that will look into a death in a correctional facility. The District Attorney's Office can be part of that, if they so choose. If there's allegations of criminal conduct that's brought to the District Attorney's Office, then the DA's office will be involved.

The District Attorney has a very important role, but we have to make sure we stay within that role. We need to ensure we're doing our job, specifically our mission. We don't want to see anybody pass (away), but when people come into the correctional facility, sometimes they're not in the best condition.

There are medical units (in jail), the medical units have been expanded; they do transport people to hospitals. They do ensure people are getting care and they are trying to do what they can to ensure people are being treated appropriately and effectively.

Gelson: Things must change in the jail. I've personally represented a number of inmates, and granted, inmates will tell you stories, but I have witnessed some horrific situations. Fortunately, none of my clients passed away. But no one's above the law.

The District Attorney's job is to independently and objectively investigate any allegation of criminality, and that is what I would do with our DA's office as well as coordinate with the Attorney General's office.

Any death must be thoroughly investigated, as well as other issues of neglect and/or abuse. I can tell you that after 35 years, Broome County is one of the toughest jails I have ever worked in.

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Korchak:I've attended Neighborhood Watch meetings, and this is a very important interaction. I've spoken at various senior centers about scams and frauds that have been coming into our community. These are very important issues, and the District Attorney's Office along with the police are already working on it. This information is invaluable.

The District Attorney's Office accepts calls into our investigations unit from any concerned citizen who has a complaint or just has information. The old "See something, say something" line is very applicable to community policing and neighborhood watch groups. This information is then taken out to the streets and can be utilized to make the streets safer.

The District Attorney's Office has, in the past, held events for members of the community in certain neighborhoods where members of the DA's office go out to public parks and basically throw a picnic for members of the community. We field their questions and answer what their concerns are. We need to expand this, but it already in progress.

Battisti:There's got to be an effective working relationship between the District Attorney's Office and law enforcement. If there's an appropriate working relationship that's built on respect and trust, then this can work. We need to ensure that working together, we are the community.

We need to establish trust. We need to establish trust with the men and women that reside in our wonderful community, as well as children. If we can do that, that is much more beneficial for each and every one of us here in this community.

Currently, there are some programs, but they need to be dramatically expanded. We've got to ensure programs are put into effect that do in fact work. We need to ensure the District Attorney is part of those programs, that the DA is in the community, that the DA is working with these agencies putting these programs in place and then assigning tasks to individuals within our office.

I have been humbled throughout this election to have the respect and support of many unions that represent the men and women of law enforcement in Broome County. It's these relationships that have been built over the years that will allow us to work together to reach maximum benefit.

Gelson: I support community policing. During a difficult period, while I was working as a judge in the City of Trenton, there was a great deal of difficulty and lack of public confidence. We implemented a program and training where officers were assigned to various neighborhoods and they worked very hard. The officers did an excellent job of calming the situation down and working within their neighborhoods.

There's no question that law enforcement wants to be close to their own communities. They want to be engaged. We need to build the trust and the public confidence in our law enforcement. And that can be done.

We have so many wonderful officers that I've met. That is the way that we fight crime, that is the way we get witnesses to come forward. Trust. That is the way we successfully prosecute criminal offenses.

We must work together; we all have the same goal to make Broome County the safest community we possibly can.

Paul Battisti has worked as a private-practice defense lawyer representing criminal defendants in the state and federal court levels. The Broome County native has also worked on the Broome Drug Treatment Court Team and is a former president of the Broome County Bar Association.

Paul Battisti(Photo: Provided)

Debra Gelson has worked as a private-practice lawyer in Vestal since 2017 and been assigned or retained for more than 50 criminal cases in the Broome County area. The Herkimer County native previously worked as a prosecutor and attorney in New Jersey, and in 2001, was appointed as a municipal court judge in that state.

Debra Gelson(Photo: Provided photo)

Michael Korchak, currently the chief assistant district attorney, spent six years as a prosecutor in Bronx County before becoming a prosecutor in Broome in 1996. He left the DA's office in 2007 after challenging former DA Gerald Mollen, then returned to the office in 2016. He's also a former Town of Union justice.

Michael Korchak(Photo: Provided photo)

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Broome County District Attorney Steve Cornwell, a Republican, is not seeking a secondterm. In June, he launched a campaign for New York's 22nd Congressional seat, currently held by Democrat Anthony Brindisi.

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District Attorney candidates debate at SUNY Broome: Here are the takeaways - Pressconnects