Bail reform and the messy race for Albany County DA

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Jun 17, 2024 View in browser
 
POLITICO New York Playbook PM

By Jason Beeferman

Albany County District Attorney David Soares

Albany County District Attorney David Soares received an endorsement from former Gov. David Paterson in his bid for reelection from Albany today. | Jason Beeferman/POLITICO

BAIL REFORM IS BACK: In 2004, the Working Families Party backed Albany County District Attorney David Soares. He had presented himself as a reformer, promising to undo the Rockefeller-era drug laws that established mandatory minimums for certain crimes.

Two decades later, Soares, a Democrat, is running against the left-leaning party, positioning himself as the tough-on-crime candidate that rails against bail reform and the state’s “raise the age” law. He’s also blaming the policies for the consistently high crime levels in Albany — even as the same programs have coincided with decreased crime elsewhere in the state.

“We were fighting for reforms that I felt were long overdue,” said Soares, who was endorsed today by former Gov. David Paterson. “I have been a staunch critic of where we are in terms of public safety right now. We understand what the original intent of the statues were, but we have not taken the opportunity to measure the impact.”

While Soares isn’t well known outside the capital region, the race for Albany County DA has become emblematic of the way bail reform continues to define the debate around criminal justice for Democrats, five years after the then-Gov. Andrew Cuomo signed the changes into law.

Soares and Paterson say the race has laid bare a shift in the party.

“The progressives don't even want to talk about this,” Paterson said of the bail reforms, saying its proponents are driven by “unaddressed anger” and not facts.

Soares’ challenger, defense attorney Lee Kindlon, embraces bail reform, saying in a debate that it “stopped punishing people for being poor.” He also told POLITICO he would like to see bail laws adjusted for violent offenders, accused sex criminals and domestic violence perpetrators.

Kindlon said Soares has intentionally politicized the race for DA — drawing attention to criminal justice reforms as a way to distract from scandals in the office. The attorney says those misdeeds actually propelled him to challenge Soares.

The incumbent got into hot water in April when he was found to have given himself a $24,000 bonus from state grants. He has since returned the money. A separate audit also alleges Soares improperly directed money from the county’s civil forfeiture fund.

Soares told POLITICO today he returned the money to “get that whole issue off the table” and that he has put it toward funding an elementary school.

As Soares seeks a fifth term, he has also made a name for himself as a mudslinger. After Albany Mayor Kathy Sheehan, Assemblymember Phil Steck and County Executive Dan McCoy endorsed Kindlon, Soares issued statements deriding each of them.

He called Sheehan a “feckless” leader and compared her to Marie Antoinette.

He later said that his description of the mayor was accurate and not personal.

“I don’t do character attacks,” he said. — Jason Beeferman

 

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From the Capitol

Assembly Speaker Carl Heastie in Saratoga Springs.

Assembly Speaker Carl Heastie discussed a proposed mask ban from Saratoga Springs, New York, today. | Nick Reisman/POLITICO

TO MASK OR NOT MASK: State officials are grappling with basic questions over how to regulate masks in public areas like mass transit and at protests: What to do about people who genuinely cover their face for either religious or health reasons?

Assembly Speaker Carl Heastie told reporters today those questions are yet to be resolved.

“If people are trying to hide their faces while trying to commit crimes, the natural instinct is to say we have to do something about it,” he said of a proposed mask ban during an unrelated stop in Saratoga Springs this afternoon. “Those are the things that will have to be figured out if the policy goes forward.”

But Heastie pointed to both the health and religious considerations when Hochul broached the idea of banning masks with him recently and as Mayor Eric Adams has called for limits.

Adams wants new mask rules amid a spate of antisemitic activity on mass transit and as demonstrations opposing the war in Gaza have continued this spring.

During his weekly off-topic news conference today, he reiterated his support for banning face coverings on subways and at protests in order to reduce potential violence.

“It’s all about the proper implementation,” Adams said, adding, “Cowards cover their faces.”

Last week, Hochul acknowledged issues with a blanket mask ban on subways, as well as at protests.

For now, lawmakers in the Assembly are yet to privately huddle to discuss the specifics of a potential mask ban. — Nick Reisman

IN OTHER NEWS

COURT HEARS ERA APPEAL: A Rochester-based appellate court heard oral arguments today over the case that got the Equal Rights Amendment tossed off New York’s ballot. The Republican led-case — on which the GOP notched a preliminary win in a Livingston County court last month — rests on the idea that the Legislature rushed its 2022 vote on the amendment.

The panel of appellate judges seemed mostly interested in a technical question about timing. The attorney general’s office is arguing that the type of challenge Republicans brought needed to be brought within four months rather than the 15 it took.

“If that gets resolved in your favor, that’s game, set and match, correct?” asked Presiding Justice Gerald Whalen.

Republicans argued that the suit isn’t subject to the same timing restrictions as procedural questions. It isn’t a simple question of procedure, their attorney argued, but one of whether the Legislature had “the authority, the constitutional power to vote” on the amendment when it did.

Regardless of what the appellate court decides, most observers predict the case will appear before the Court of Appeals late this summer. Democrats hope to use the ERA as the center of their GOTV efforts in New York. — Bill Mahoney

NIXON’S THE ONE: Actor and left-leaning activist Cynthia Nixon today endorsed four Democrats running in state legislative races this year — highlighting how the onetime gubernatorial candidate hasn’t completely abandoned politics.

Nixon’s endorsements of Assembly candidates Claire Valdez, Claire Cousin and Gabriella Romero and state Sen. Kristen Gonzalez demonstrates her staying power on the New York political left.

Best known for her role as Miranda on “Sex and the City” and most recently the period drama “The Gilded Age,” Nixon challenged Cuomo’s reelection bid in 2018 and came up quite short.

Two years ago, she openly supported Yuh-Line Niou’s “gorgeously inspiring” congressional bid. — Nick Reisman

AROUND NEW YORK

— ‘BLING BISHOP’ SENTENCED: Ex-pal of Adams, Lamor Whitehead, was convicted of defrauding a parishioner’s mother and attempting to commit extortion. (New York Times)

— TEACHERS UNION OVERHAUL: Allies of United Federation of Teachers President Michael Mulgrew were ousted from their seats after being voted out by a disgruntled faction of retired educators. (New York Post)

A CONGESTION-BIRTHED OPPORTUNITY: Lobbyists are circling the governor with new ideas — like online gambling — to fill the $1 billion budget hole left by the indefinite pause of congestion pricing. (Gothamist)

Missed this morning’s New York Playbook? Read it here.

 

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