Why William Wagstaff must be Westchester County's next district attorney

As most people know, I served 16 years in prison — from age 17 to 32 — for a murder and rape that I didn’t commit. My conviction, by an overzealous Westchester District Attorney's office under Carl Vergari, despite a pre-trial negative DNA Test, was caused in part by prosecutorial misconduct and then sustained by former Westchester District Attorney Jeanine Pirro’s office fighting arguments that I was innocent based on the DNA; repeated denials of further DNA Testing; and the DA’s office getting my Habeas Corpus Petition dismissed because it arrived four days too late — a lateness caused by misinformation by the court clerk regarding the filing procedure. Ultimately, I was exonerated through DNA Testing via the Databank, testing agreed to by Pirro’s successor, Janet DiFiore.

While I have previously been critical of DiFiore as a prosecutor and chief judge of the Court of Appeals, she did the right thing in my case.

In my 18 years of freedom, I have become an advocate with a large body of work, including founding The Jeffrey Deskovic Foundation for Justice, which has freed 14 wrongfully convicted people and helped pass three laws, and an additional six as a key member of the national coalition group, “It Could Happen To You”; and becoming an attorney. I wrote a thesis en route to getting a Masters' Degree in Criminal Justice. I know from first-hand experience, as well as from being an attorney and advocate, the importance of having a district attorney who is committed to justice.

Here is how I see the upcoming Democratic Primary for the Westchester County District Attorney’s race.

This election is not just about selecting a chief law enforcement officer; it’s about voting for a leader who will make our entire county safer, fairer, and stronger while restoring public trust in the justice system. Maintaining the status quo will not get us there; we need to confront the challenges of today with a fresh perspective and ability to enact real change, especially with a spike in hate crimes against AAPI and our Jewish neighbors, per the Anti-Defamation League report in 2023.

Additionally, having a fully functioning conviction review unit is essential to exonerating the innocent while speaking up in favor of wrongful conviction prevention legislation, as well as other criminal justice reform measures that will make the justice system fairer while also maintaining public safety. It is critical to facilitate long-overdue policy changes while helping to restore public trust in the justice system.

Let me turn to the candidates: Susan Cacace and Willliam O. Wagstaff III.

Cacace is a former county court judge and a former ADA who worked primarily on animal abuse cases and also a defense attorney. Through Keith Olson, working with the Cacace for DA campaign, statements were made in his op-ed to the effect that trying to enact any change is equivalent to being an activist, while also insisting that Westchester is an exception to the issues that plague the rest of New York and the nation. Her time on the bench and as a candidate in the race are similar: she operates within the system, she does not try to improve it from within. Rather than engaging in the broad-ranging reform that is needed to drive change, Cacace is only interested in upholding the system as it currently exists.

Similarly, while she worked as a defense attorney, there were no noteworthy cases or causes that I can find that stand out. There are examples of judges and district attorney candidates trying to improve the system from within while staying well within the bounds of what is lawful and proper.

During the Warren era of the U.S. Supreme Court, many important rights we take for granted were established through judicial decisions: Miranda Warnings and the Right To Counsel. In Brooklyn, the late Kenneth Thompson ran for district attorney in part on an anti-wrongful conviction plank. His Conviction Review Unit subsequentlyexonerated 23 people in two-and-a-half years.

Someone convinced that the system is working is unlikely to implement any changes — a view backed up by her “activist” statement.

Lastly, her campaign filing objections to Wagstaff appearing on the ballot in the primary is troubling because, rather than respecting the democratic process by engaging in public debate, sharing competing ideas and visions, and then letting the voters decide at the ballot box, Cacace decided to try to deprive the voters of a say at all. Is this a foreshadowing of how, if elected, a Cacace administration would fight against arguments by defendants — rather than engage on the merits, let’s instead attempt to use technicalities?

Wagstaff is a civil rights attorney with a body of work in the area since 2016.

He has handled some of the highest profile civil rights cases: lawsuits against the city of Poughkeepsie police for using excessive force, a lawsuit on behalf of the family of an unarmed man shot by New Rochelle police, and victims of illegal police surveillance.

Wagstaff is formerly justice involved, having committed a misdemeanor in his youth. Federal Judge Lisa Magaret Smith, who sentenced Wagstaff, many years later wrote a recommendation letter on his behalf to the Character and Fitness Committee of both New York and New Jersey. A former federal prosecutor, Smith’s letter should allayconcerns about his record, particularly since he has significantly added to society since then.

Seeing the criminal justice system up close and personal gives him insight into the justice system, which is important when seeking justice. His perspective is unique and the type of approach that Westchester County needs to adopt to become more equitable.

In terms of experience, Wagstaff serves as the city of Mount Vernon’s Special Prosecutor for Police Discipline, holding bad actors accountable while also defending law enforcement officers who are upholding their oath. His creation of training modules for the Mount Vernon Police Department regarding use of force and mental health issues shows that he can work effectively with law enforcement.

Wagstaff has handled complex criminal cases as a criminal defense attorney and is no stranger to working in the criminal courts throughout New York State; he knows the criminal law.

Lastly, Wagstaff has an MBA from Fordham Business School, which gives him the education to manage an office the size of the DA’s office, something Cacace has never done, and she lacks any education that suggests she is capable.

Wagstaff, by miles, is far and away the better choice.

Jeffrey Deskovic is executive director of The Jeffrey Deskovic Foundation for Justice, a criminal justice advocate, an exoneree and an attorney.

This article originally appeared on NorthJersey.com: William Wagstaff must be Westchester County' District Attorney