Westchester County District Attorney

Oct. 19, 2018 --A delegation of 20 judges from the city of Guangzhou, China spent a day in the County Courthouse learning about the judicial system and the role of the District Attorney. The group (including interpreters and staff) represented Intermediate Courts in the city of 12 million. The intermediate courts are aligned closely with both our local courts and felony-level county courts. Guangzhou is the capital of Guangdong Province, one of 23 provinces in China. The judges of Guangzhou Intermediate Court are charged with handling local cases in Guangzhou and hearing appeal cases from the basic courts in all districts of the city.

The leader of the delegation was Ms. Xiaoping Wu, Vice President of the Court, tasked with managing a number of judicial departments across the city of Guangzhou, and a former career prosecutor.

In the morning, they toured the courts and met with District Administrative Judge Hon. Kathie E. Davidson and Supervising Judge of Criminal Courts Hon. Barry E. Warhit. Later the delegation organizer told us, “The judges had wonderful communications on the U.S. court system, procedures, and a lot of common topics as judge to judge.”

Later in the day, District Attorney Anthony A. Scarpino, Jr. hosted Judge Davidson and the delegation for a luncheon and presentation. The DA explained his career path to the DA’s Office especially as a sitting judge for more than 30 years, having held judgeships at both the city and county level, as well as being elected to the State Supreme Court and, later, Surrogate’s Court. Questions from both hosts and guests ranged from the role of the prosecutor’s office to how local crime is prosecuted, how law enforcement works across jurisdictions from local up to federal, and more. 

A priority focus of their trip was to learn about the prosecution of cyber-crime. District Attorney Scarpino introduced Second Deputy District Attorney William Schaeffer, Chief of the Investigations Division, Deputy District Attorney Steven Vandervelden and ADA Michael Delohery, Chief of High Technology Crime Bureau. Delohery gave a presentation on investigating “computer” and Internet-related crime and the difficulties in prosecution. Vandervelden notes that one crime investigated here in Westchester was a financial fraud that deposited stolen money with criminals around the region and in China as well.

Calling their visit “an exceptional experience for all,” the Chinese delegation coordinator said, “The delegation is all very happy and honored to have met DA Scarpino. Mr. Scarpino’s expertise and insights impressed all of us.”

Westchester was just one stop on their deep dive into cyber law in the U.S. The delegation also visited New York University Law School and a couple of New York law firms, which specialize in cyber law. After the week of experiential visits in New York, the delegation headed to Michigan State University for a seminar on cyber/internet law studies before returning to China.

The District Attorney’s Office (DAO) has been actively involved in working groups preparing for the change in legal status of 16- and 17-year-old offenders. The law goes into effect Oct. 1, 2018, with the enactment of the New York State 2017-2018 budget legislation which includes raising the age of criminal responsibility to 18. New York was previously one of only two states that automatically prosecuted 16- and 17-year-olds as adults. The new legislation includes statutory amendments that among other things creates a new Adolescent Offender (AO) classification and establishes a new Youth Part in Superior Court.

The law creates a new category of juvenile offender. Any 16- or 17-year-old charged with a felony or a misdemeanor as part of the same crime will be considered an Adolescent Offender (AO).  All AOs will be arraigned in the newly established Youth Part of the Superior Court. Nonviolent felonies will be heard in Family Court unless the District Attorney files a motion to keep the case in the Youth Part. Any case where a the defendant is alleged to have displayed a weapon, committed criminal sexual conduct or caused significant physical injury will remain in the Youth Part. 

An AO diverted to Family Court will be eligible for adjustment services through probation. These programs will be tailored to the specific needs of each individual. Furthermore, special rooms will be made available for questioning youth who have been arrested, similar to what is now available in Family Courts. Parental notification requirements will also be extended to include 16- and 17-year-olds.

In Westchester, ADAs will staff the newly formed Youth Part which will handle violent and certain nonviolent felonies. The Youth Part will operate daily during regular court hours to accommodate all arraignments and returns on warrants issued by the Youth Part.

Raise the age is a major change in the criminal process. New York State further explains the implementation of Raise the Age which affects all law enforcement and the justice system. Read more.

Domestic violence and intimate partner violence are when a person in a relationship or living in the same household uses tactics such as physical violence, sexual assault, economic and emotional abuse, or psychological abuse to exert power over the other person or persons they want to control. This kind of abuse, like any abuse, is against the law. Domestic violence can take the form of one single act or a series of acts and it affects people of all ethnicities, races and genders. Advocates, law enforcement and prosecutors work together to seek justice for victims of abuse. October is a month set aside to raise awareness of how this violence affects individuals and whole communities; calls on citizens to be aware of how social services and the law can help stem abuse, and lets victims know how and where they can get help.

Abuse is a choice. It’s not about an abuser losing control. Domestic violence is about an abuser doing whatever it takes to maintain power and control. Many victims of domestic violence are reluctant to come forward, but in Westchester, victims of domestic violencereceive an enormous amount of support from law enforcement and community agencies when they report being abused. In Westchester, victims are never judged by their economic or immigration status.

The Domestic Violence Bureau of the Westchester County District Attorney’s Special Prosecutions Division handles the thousands of domestic violence cases committed in Westchester each year. Specially trained prosecutors work with a team of domestic violence aides, many of whom are bilingual, to investigate and prosecute cases in every City, Town and Village court and Superior Court in the County, and help victims navigate the criminal justice system. Prosecutors in the Bureau are on call around-the-clock to assist police officers throughout the county on special issues related to domestic violence cases such as mandatory arrest provisions of the Criminal Procedure Law, responding to lethality assessment issues, and issues related to orders of protection and criminal contempt charges, and they work each day in Westchester Courts aggressively prosecuting those who commit domestic violence. 

Victims are supported every step of the way by prosecutors whose passion is to keep them safe and get justice for them no matter their needs. The Special Prosecutions Division is led by Second Deputy District Attorney Fredric I. Green, a prosecutor with decades of experience in the prosecution of special victims cases. The focus of the Special Prosecutions Division is to protect the most vulnerable in society from domestic abuse in all its forms including intimate partner abuse and teen dating abuse. Domestic violence often is the most common form of elder abuse and Westchester prosecutors battle domestic violence committed against the elderly as well. 

Our prosecutors are proactive in their advocacy for victims of interpersonal violence as evidenced by their constant interaction with students throughout Westchester on what healthy dating relationships should look like. Moreover, prosecutors collaborate with many agencies in the County to battle domestic violence through our participation in the Westchester Domestic Violence& Council and the network of committed professionals who fight domestic violence every day in partnership with our office. The DA’s Office has a leadership role in one of Westchester's newest initiatives to combat domestic violence-the "Northern Westchester Risk Reduction Team", a network of professionals collaborating to reduce the risk of lethality in domestic violence cases originating from the communities in the northeast section of Westchester-Pound Ridge, Bedford, Lewisboro, North Salem and Somers.

Recently, the "New York State Justice Center for the Protection of People with Special Needs" honored four New Yorkers for their service to people with special needs by awarding the "Justice Center Champion Award". Among the recipients for 2018 was Special Prosecutions Division Chief Green. The Justice Center noted: “Green has been a tireless advocate for coordination between the Westchester County District Attorney’s Office and the Justice Center. Green has been a dedicated public servant for more than 30 years, focusing on helping victims of abuse.”

Executive Director Denise M. Miranda added, “Mr. Green’s career as an advocate for victims of abuse makes him uniquely qualified to understand the complexities of the cases handled by the Justice Center. His work with both his staff and stakeholders across Westchester County ensures cases are thoroughly investigated and bad actors are held accountable at all levels.”

Under the leadership of Chief Green, the Domestic Violence team is made up of men and women equally passionate about their work-getting justice for those who need it most. Meet Deputy Bureau Chief of the Domestic Violence/Child Abuse Bureaus Joyce Miller. She tells her story of “Why I Became a Prosecutor” in this video describing her passion for her work with victims of domestic violence.

If you have suffered domestic violence, call the Domestic Violence Bureau at the DA's Office at 914-995-3000. Remember, in an emergency, you should always call 911!

Sept. 18, 2018 -- With the school year underway, Westchester County District Attorney Anthony A. Scarpino, Jr. kicked off the first meeting of the Westchester County School Safety Commission (WSSC). In attendance were Deputy County Executive Ken Jenkins and leaders representing schools, students, educators, mental health experts and law enforcement throughout Westchester County. The Commission has been formed in collaboration with County Executive George Latimer. 

The mission of the WSSC is to implement best practices in safety evaluation and procedures in schools of all levels throughout Westchester County to keep our students safe in the event of a credible threat or violent incident.  A primary focus is to increase and enhance communication and cooperation between schools and local law enforcement, and issue guidelines for countywide protocols.

In his opening remarks, DA Scarpino said: “This is what keeps me up at night--What happens when someone bent on violence enters one of our schools?” And in light of that, he told the commission what he would like it to accomplish: “The State already mandates that each public school and BOCES file annual updated building-level Emergency Response Plans. Part of our agenda is to explore how those individual plans can be incorporated into countywide responsiveness. And that ties in with the greater mission of this Commission: to create a program of consistent protocols in response to threats or emergencies in any building, on any campus-public or private; and appropriate training and understanding for all stakeholders including students, parents and community members.”

DA Scarpino also renewed his call for the State Legislature to pass the Extreme Risk Protection Order bill, or so-called Red Flag Law, that empowers community members to report concerns about people in crisis, and give law enforcement and the legal system a way to temporarily take weapons out the hands of someone who may harm themselves or others.

Special Presentations
As part of the kickoff, several attendees gave presentations on key area of concerns:

• “Active Shooter” presentation by Joe Tadrick, Protective Security Advisor, US Dept. of Homeland Security, Office of Infrastructure Protection.
• School Resource Officers training presentation (SRO) by Sergeant Amery Bernhardt of the Westchester County Department of Public Safety
• Mental Health training and services presentation by Commissioner Michael Orth, Westchester County Department of Public Health.
• Presentation on student health and education privacy laws (FERPA/HIPAA) by Attorney Adrienne Arkontaky, V.P./Managing Attorney at Cuddy Law Firm, White Plains

Next Steps
The members of WSSC are assigned to committees to work on specific research and reporting. The two committees are “Crisis Management” and “Threat Prevention and Intervention.” They will collaborate on how to evaluate and secure buildings in advance of and during an incident; how to communicate with law enforcement, other facilities, families and students before, during and after an incident; learn awareness about the red flags that a person in crisis may be exhibiting; and train teachers, staff and volunteers in these best practices. Dates for future meetings are pending. The WSSC expects to release a report by the end of the 2018-2019 school year.

County Executive Latimer said of the Commission:  “As Westchester school children head back for the beginning of the year, County officials are continually working to ensure the safety of all of our schools. This Commission, a joint effort between my Administration and DA Scarpino, is tasked with finding solutions which meet the needs of all parties involved by both keeping our children safe while also making sure schools are places where our kids feel at ease and can focus on learning. That is why these efforts and those undertaken by our County Police, including constantly working to be prepared through communication and training for any type of horrific incident, are so important. I look forward to many positive meetings like the one we held today.”

Scarpino reminded the gathering that the School Safety Commission supports the District Attorney’s mission to create a safer community. “By bringing together a group of stakeholders with the knowledge, expertise and communications skills to develop protocols focused on keeping our schools safe places for teaching and learning, we will be better positioned to respond to and take a more proactive approach to possible threats in the future.”