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Upstate NY Democrat goes rogue and launches write-in campaign, breaks with party on bail reform

An upstate New York Democrat is launching an unlikely write-in ballot campaign to keep his job as prosecutor, blasting bail reform and other criminal justice reforms pushed by his own party's leaders in New York.

Albany County District Attorney David Soares, who has held the job since 2005, is campaigning again after losing his party's June primary to rival Lee Kindlon by 10 percentage points.

“The issue that I'm addressing is a statewide issue. I've been the only voice in criticism of bail reform. These reforms are harming our communities,” Soares said on 770 WABC's CATS Roundtable.

Albany County District Attorney David Soares is campaigning again after losing his party's June primary to rival Lee Kindlon by 10 percentage points. Hans Pennink

Criminal justice reform enacted in 2019 under then-Governor Andrew Cuomo and the Democratic-led Legislature eliminated cash bail for mostly nonviolent felonies, a measure that activists say established a system in which people who can't afford bail sit in jail awaiting their trial dates on minor charges.

But several high-profile cases of suspects committing violent crimes just days after being released on other charges have sparked criticism, with some accusing the policy of being soft on crime.

“Young people of color who have free access to the revolving door of the criminal justice system are increasingly being killed by other young people of color on the streets,” said Soares, who is Black.

“I've been here for 20 years,” he continued, “I've seen good times and bad times, and it's never been worse than it is now. The root cause is the irresponsible path that our state government leaders have forced us on.”

Soares blamed his public criticism of reforms such as a cashless bail law and raising the age at which defendants who commit crimes as adults can be tried from 16 to 18 for his primary defeat.

“I think public safety has become too politicized in our community. [that] “If you say the wrong thing or criticize the terrible policies that were passed at the state capital, you can get into big trouble politically,” he said. “In my case, my criticism of bail reform and raising the age put me at a disadvantage in the primary, which is why I'm running for district attorney on November 5th.”

Lee Kindlon rejected Soares as an unnamed candidate. Hans Pennink

He denounced “irresponsible bail laws that essentially take away judges' discretion.” [and] “In many cases, police officers have been stripped of their ability to make arrests, emboldening them to arrest criminals.”

“We live in one of the most important states in the country and we can't handcuff people who are committing crimes, we allow them to continue stealing,” Soares said of the serial shoplifter.

“This is happening in every city in this state,” Soares added. “The idea that our party has set us on this path is problematic. Things have to change. And by things, I mean laws being passed across New York state that are hurting our communities.”

But Kindlon, the winner of the primary, dismissed Soares as an unnamed candidate.

Kindlon said the move stems from a public backlash over Soares' poor performance after he used some of the state's funding to give himself a $23,000 bonus and allegations that the district attorney misled him.

“Soares was bad at his job and stole taxpayer money,” Kindlon said Sunday after hearing Soares' appeal. “I didn't win because I was a bail reform advocate.” Hans Pennink

“Soares was bad at his job and stole taxpayer money,” Kindlon said Sunday after hearing Soares' appeal. “I didn't win because I was a bail reform advocate.”

“I'm as worried about David as I am about the bugs,” he added.

Ralph Ambrosio is the Republican candidate, and the two will face off on Tuesday.

Write-in campaigns are rarely successful.

But in 2021, Buffalo Mayor Byron Brown handily won a fifth term as an unnamed candidate in the general election after suffering a shocking defeat to democratic socialist India Walton in the Democratic primary.

Ambrosio, a Republican who is a former state trooper and assistant prosecutor, said he hopes Soares and Kindlon can win by splitting the Democratic vote.

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