Public Safety, Racism, and Criminal Justice System Top Issues
By Dominique Kato
ALBANY, NY – Current District Attorney David Soares and DA Candidate Matthew Toporowski faced off in a virtual forum to discuss public safety, racism, and the criminal justice system—voting for the Democratic Primary for District Attorney is scheduled for June 23.
The League of Women Voters hosted a virtual forum for Albany County’s Democratic Primary DA Candidates.
As the virtual forum commenced, the candidates used sly and deliberate comments against one another as they discussed criminal justice reform, public safety, and future goals to change the current system.
David Soares was elected as Albany County DA in 2004 and is currently serving his fourth term. Prior to election he was an Assistant District Attorney and Albany County’s first Community Prosecutor. Soares said he remains committed to reducing street violence through building hope, dealing with the issue of re-entry and prioritizing prevention over prosecution.
DA Candidate Matthew Toporowski has worked for appellate judges, has been a defense attorney and has tried cases as a prosecutor. As a prosecutor Toporowski managed the misdemeanor drug court and veterans court. He has been appointed several times as special prosecutor, handled criminal appeals, and has tried civil cases. Toporowski resigned from the Albany DA’s Office because he says their approach overemphasized punishment and convictions and did not balance civil liberties with safety.
Toporowski went first in the opening statements and stated, “The Justice system has failed us for too long…Instead of empowering communities it (current DA) has over prosecuted them.” He noted that the current DA’s Office rallies with Republicans to roll back reform instead of pushing for a progressive and proactive approach to criminal justice. Toporowski noted that there needs to be an acknowledgment of structural racism and mass incarceration.
Soares followed in discussing his experience as the DA of Albany County.
“I have had the honor and privilege of serving and protecting your communities and engaging in smart reform for the last 16 years. And five years prior as assistant District Attorney,” Soares said. In 
2005 he promised to protect the community, to keep people safe, and to engage in smart reform.
He discussed his accomplishments as the first community prosecutor, how he introduced restorative justice, and how the Albany County crime and prison population has lowered. “As your DA I have continued to represent the voices in the criminal justice system but I also represent the voices of peaceful protesters outside and I have fought for their right to protest”, stated Soares.
Bartolutti asked the first audience question: “In view of the current public concern with racism and police brutality, what would you do to de-escalate tension in Albany County especially between police and civilians both black and white. Will you support greater transparency of records on police misconduct, and what else can the DA do that will help?”
Toporowski stated we need to validate and listen to the feelings of people protesting in the name of George Floyd, and many others who have been killed by the police, noting, “You cannot do this job without listening to the community, without speaking to them, and without addressing structural racism.”
Toporowski mentioned a report by Doctor Green which showed that structural racism was present in Albany County.
He claimed, “The DA’s office failed to respond at all to that report, and ignored it.” He stated that we cannot have an elected DA that ignores the voices of criminal justice experts and community leaders. He ended saying that he will listen to the community, develop policy with the community, and share police misconduct files.
Soares responded to the same question, arguing that racism has been here historically throughout the formation of our country and constitution.
“The experiences that many African American men face, I have experienced myself.” He discussed that these experiences motivated him to work in the system and to change it from within and that his record of 15 years demonstrates that. He stated he was the First District Attorney of Albany County to create the process of presenting all use of force cases to the grand jury.
Toporowksi used his first red card, granting him an extra thirty seconds, to respond to Soares stating, “I don’t think the rhetoric matches the record here.” He stated that there is a lack of people of color handling cases in the current DA’s office. He stated that when discussing racism, you need people in the office who have the same experiences as those of the community.
As the forum continued an audience question asked, “The jail incarceration rate in Albany County continues to be higher than statewide average. Do you agree? If so, what is your path to address and remedy that problem?”
Soares stated that in 2005 when he took office the jail was at maximum capacity and is now no longer so, due to the diversion programs that he has implemented, and the restorative justice practices that they engage in every single day.
He stated that the population had been reduced by 2/3 and again a 66 percent reduction in population has occurred. Soares stated that due to this large reduction it is now called the Albany County Correctional Facility and Rehabilitative Services because they repurposed it to provide people with the opportunity to get treatment regarding mental health and drug use.
“Due in large part to me and my administration, a diverse administration I might add,” responding to Toporowski’s claims that the DA’s office wasn’t diverse. The challenger said, “The Incarceration rate in Albany County has been high since Mr. Soares took office and it has stayed up there.”
He said that reforms were passed in 2019 that Mr. Soares was vocally advocated against. Toporowski stated that there was a key difference between Soares and him stating, “I don’t think jails are the best way to give people treatment.” He argued that treatment is better served outside of jails, and diversion courts are a better route. This is because jails, he said, are often the most ineffective and costly ways to address these issues. Further it is a public health issue and should be treated as such.
As the forum continued, the candidates discussed mental health court, bail reform, excessive time periods of waiting in jail, and the sexual assault case that was dismissed by the DA’s office. Both candidates shared their sides on these issues and the virtual recording can be found here: https://www.youtube.com/watch?v=FLAesylYK5Y&feature=emb_logo
In closing statements, Toporowski stated that he has been a prosecutor, defense attorney, and a civil litigator and has worked for appellate judges in Albany County. “I am a hard worker, a son of a Cuban immigrant, I’m a good listener, I’m open minded, I care about people and I want to be your next District Attorney.”
Soares ending the forum stated, “I was blessed with the honor of serving the people of Albany County because I promised them I would protect their communities and I also engaged in smart reform. Elect me, I’m the person with the record, I’m the person with accomplishments, the person who is going to protect your communities, and I’m the person who is going to continue to fight for those reforms.”
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