Broome DA candidates Battisti, Korchak at odds over case dismissals: What it means

A month before the Republican primary election for Broome County District Attorney, the question of how cases have been dismissed by prosecutors in recent years has taken center stage.

During a press conference Thursday, Republican candidate Paul Battisti, joined by Broome County Sheriff Fred Akshar and City of Binghamton Mayor Jared Kraham, claimed the current Broome County District Attorney's office under Mike Korchak has failed in its handling of cases, citing state documents indicating more than 7,000 being dismissed.

“Mike Korchak has completely and utterly failed at keeping Broome County families safe,” Battisti said Thursday at a press conference outside Binghamton City Hall. “Victims are not getting justice. Offenders are not being held accountable. Those that are broken are not receiving the help that they so desperately need.”

However, Korchak later called Battisti’s comments “irresponsible” and “fearmongering,” in a subsequent news conference streamed live on Facebook, pointing to the difference between cases and charges — in a multi-count indictment, certain charges may be dismissed in satisfaction of other charges if a defendant pleads guilty and is sentenced to one or more counts — and referencing state statistics regarding the number of felony cases leading to prison sentences in Broome County.

"The Broome County District Attorney's office is doing a great job," Korchak said, "working hard every day for the members of the community."

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Battisti claims crime victims 'have not seen justice served'

The June 27 Republican primary will see a rematch between Battisti and Korchak. Korchak was elected in 2019 by a margin of just 55 votes, running as a Libertarian after losing to Battisti in the Republican primary.

The 7,000 dismissals, Battisti said, represent “potentially 7,000 crime victims who have not seen justice served." He referenced cases including about 600 controlled substance offenses, 100 offenses relating to children, or individuals who are disabled, vulnerable or elderly, 30 sex offenses and 200 assault cases.

“I’ll make sure that the brave men and women of law enforcement don’t see their work go to waste because the district attorney’s office doesn’t prosecute, doesn’t even evaluate their case, or in so many instances, doesn’t even read their police reports,” he said.

Both Akshar and Kraham characterized Korchak’s record as a slight against those in local law enforcement.

Referring to Broome County’s special investigations unit, which he dubbed “the most effective law enforcement unit in Broome County’s history,” Kraham said its officers were “frankly appalled that all of the good police work that they’ve done is wasted because we have a DA’s office that fails to prosecute major cases on time that leads to their dismissal.”

Akshar said many cases were “not just dismissed by a signature on a piece of paper.”

“Many of these cases timed out, meaning Mike Korchak, as the district attorney, did not fulfill his obligation to keep this community safe and make sure crime victims got their day in court,” Akshar said.

Korchak: 'Crime is not up in Broome County'

"The Broome County District Attorney's office sends felons to prison at double the state average," Korchak said Thursday. "Crime is not up in Broome County."

The New York State Division of Criminal Justice Services statistics show that in 2021, the most recent year for which data is available, Broome County reached convictions in 28.1% of felony cases, more than double the state average of 13%.

Korchak said the county prosecutes 1,500 felonies a year, "but we but we have two county judges, so cases have to be resolved through plea bargains or dismissal-in-satisfaction."

“[Battisti's] just placing politics over public safety like he’s done since the beginning of this campaign and like he did four years ago,” he said.

A Republican primary for Broome County District Attorney will be held June 27.

This article originally appeared on Binghamton Press & Sun-Bulletin: Broome DA race: Battisti, Korchak at odds over case dismissals