SI prosecutor McMahon rips Manhattan DA Bragg’s soft-on-crime approach

Staten Island District Attorney Michael McMahon blasted the soft-on-crime approach of fellow Democratic prosecutor, Alvin Bragg of Manhattan, who says he will spare most crooks prison time and downgrade felony charges in cases including armed robberies and drug dealing. In his first memo to staff on Monday, Bragg said his office “will not seek a carceral sentence” save for homicides and a handful of other cases, including domestic violence felonies, some sex crimes and public corruption.

These policies roll out the welcome mat for would-be criminals to commit serious offenses without ever facing any consequences, and it is a fantasy to believe our City will be safer or fairer as a result.

On Staten Island, the DA’s office will continue to fully prosecute crimes on the merits of each case, and we will never institute blanket policies which simultaneously disregard the laws set forth by our state Legislature, ignore the rights of victims, and seriously threaten public safety as a whole. We cannot turn a blind eye to crime or wave a magic wand to make it disappear — this pollyannish thinking is especially dangerous now as shootings and gang violence in our communities as well as violent incidents in our children’s schools continue to endanger the lives of young people.

Some New Yorkers fear that DA Alvin Bragg’s new policies will increase crime.
Some New Yorkers fear that DA Alvin Bragg’s new policies will increase crime.
AP

At a time when law enforcement is needed most to keep our communities safe, prosecutors and police are essentially being removed from the public safety equation without any alternatives being offered in our place. The end result will be more crime, less accountability, and a loss of justice for victims. This is especially true when it comes to cases involving firearms and dangerous weapons.

Because of the seriousness of these crimes, my ADAs are instructed to always charge these cases as felonies if warranted by the facts and evidence, which is what the law and public safety demands.

But under Manhattan’s new policies, defendants would have charges against them dismissed or reduced for a raft of serious crimes that my office regularly pursues, especially in cases where a firearm or weapon is present. If actually convicted under these new guidelines, defendants would still face the possibility of less jail time as prosecutors have been instructed not to seek sentences of more than 20 years. What message does this send to victims and their families who have suffered the most heinous crimes and only want to see justice?

Michael Cammarata Jeanine Cammarata
Michael Cammarata was convicted of killing his wife, Jeanine Cammarata, and hiding her remains.
Richard Harbus; Gregory P. Mango

My office is proud of our record in holding serious criminals accountable, and can point to several examples of where polices such as these would be disastrous for Staten Island:

  • Defendant Michael Cammarata was convicted at trial of second-degree murder, concealment of a human corpse, and all related counts for killing his wife, Jeanine Cammarata, and hiding her remains in a Staten Island storage unit. He was sentenced to more than 23 years to life in prison.
  • Defendant Michael Sykes was sentenced to two consecutive terms of life in prison without parole for fatally stabbing his girlfriend, Rebecca Cutler and her two baby daughters, Ziana Cutler and Maliyah Sykes, and seriously injuring her third child, Miracle Cutler.
  • Defendant Courtland Lovelace convicted at trial of sexually abusing two young children and endangering a third child. He was sentenced to 27 years in prison and seven years’ post-release supervision.
  • In a pending case, defendant Demis Pacheco was arrested on March 9, 2020 and charged with Assault 1 for an alleged slashing. We requested bail of $25,000, but the defendant was placed on Supervised Release. Just three months later, the defendant allegedly set up a transaction to rob another victim, punching the victim in the face, and nearly running the victim over in his vehicle. In that case, we requested $35,000 bail, but bail was set at $5,000. While out on bail in that case, the defendant allegedly targeted the same victim, attempting to rob him at knifepoint and attempting to assault him with a baseball bat. The defendant is currently being held on $50,000 bail in the most recent case.
  • In a pending case, police received a call of shots fired and a description of an individual walking a pitbull. When police arrived, the defendant, Juan Parrilla, allegedly released the dog and fled to a home, where the police ultimately got a search warrant and arrested him for Criminal Possession of a Weapon 2 for possessing a loaded firearm. The defendant also has an extensive criminal record including 16 total convictions, 1 of which is a felony and 15 misdemeanor convictions. The defendant also has 4 failures to appear in Court. In this case, he is currently indicted on CPW 2, a C violent felony. Bail was requested and set at $100,000.

While my office takes violent crimes very seriously, we also recognize that incarceration is not always the answer and we are proud to offer a wide array of diversion programming for defendants to address the underlying causes of their criminal behavior such as with mental illness or substance use disorder. In fact, approximately 40% of all dispositions involve defendant enrollment in diversion programs.

Rebecca Cutler and Michael Sykes
Michael Sykes was sentenced to two consecutive terms of life in prison without parole for fatally stabbing his girlfriend, Rebecca Cutler and her two baby daughters.

My ADAs are encouraged to evaluate each case on the merits and equities, and to consider these alternative to incarceration programs pre-arraignment, post-arraignment, as well as at sentencing.

At the same time, we cannot sacrifice public safety by simply dismissing cases or outright reducing charges without any consideration for the facts. This not only does a disservice to victims of crime and the public we are trying to protect, but it also removes any possibility for a defendant to be connected with services through the criminal justice system.

Above all, my job as DA is to protect the people of the community I represent, not make it easier for criminals to avoid responsibility for their actions after they victimize innocent New Yorkers. I fear these new policies from Manhattan and the general disregard for the rule of law it shows will lead to more crime and make us less safe, with no one suffering more than our vulnerable citizens especially the young people of this City.”

source: nypost.com