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DA candidates discuss ARD, child sex cases

A write-in campaign amongst Warren County Democrats during May’s primary means voters will have a rematch of May’s Republican Party primary for Warren County District attorney with Cody Brown, first assistant district attorney, facing off against Casey Strickland, second assistant district attorney.

Both Brown and Strickland are vying for the position held by Rob Greene, who chose not to run for re-election.

The Times Observer recently posed several questions to both candidates in advance of Tuesday’s election focusing on the handling of child sex crimes in Warren County, how the county should handle ARD cases and state legislative issues that could help crime prosecution in Warren County.

Their answers are below.

HOW SHOULD THE DISTRICT ATTORNEY’S OFFICE GO FORWARD WITH ARD CASES UNTIL THERE IS A LEGISLATIVE FIX TO ARD NOT COUNTING AS A PRIOR DUI OFFENSE?

STRICKLAND: Our ARD program (Advanced Rehabilitative Disposition) has been available for first time offenders in non-violent crimes, mostly for first offense DUI cases. In recent years, the higher courts have vacillated between an ARD DUI counting as a conviction and not counting as a conviction when looking at a defendant’s prior record. Recently, the Supreme Court of Pennsylvania held in Shifflett, that a prior acceptance into ARD was neither a criminal conviction nor could be construed to be the same as a conviction. Even in light of this recent holding, I believe ARD should still be available in Warren County. The premise of ARD is for first time offenders of non-violent crimes to be held responsible, get necessary treatment, and to follow the rules and conditions of their term of probation. Upon successful completion, they are released from probation and their underlying criminal charge is expunged. I believe this program is extremely beneficial to the residents of Warren County. Based on the recent Supreme Court holding, I would like there to be more stringent parameters for acceptance into our ARD program, but I do believe it should still be available, particularly for first-offense DUIs that qualify. As the Supreme Court has come to different conclusions on this issue numerous times in the past, I believe it would be unfair to take this rehabilitative program away from our county and this office.

BROWN: When I began my career in the Warren County District Attorney’s Office over ten years ago, the Accelerated Rehabilitative Disposition (ARD) Program was originally intended to give first time, nonviolent offenders, for example a first time DUI offenders a chance to take accountability, receive treatment and avoid having a permanent criminal record. The goal behind the ARD Program was not to punish the individual but to assist in treatment hopes they would not offend again in the future.

Before the most recent Pa Supreme Court decision, if someone was charged with a DUI and accepted into the ARD Program, upon successfully completing their term of probation and treatment, their charges would be dismissed and their record would be expunged. However, if that same offender was arrested for another DUI within ten years, the ARD DUI would still count as a prior offense. That would mean that this new DUI offense would be treated as a second offense and be subject to enhanced penalties, such as mandatory jail time and fines.

With the most recent PA Supreme Court’s ruling, this changed. The Court determined that a DUI that went through the ARD Program would no longer count as a prior offense. In other words, if someone goes through the ARD Program and then gets another DUI within ten years, both are now treated as first offense DUIs. This effectively reduces penalties for repeat offenders and removes the prosecutors tools to deter repeat drunk driving offenders.

Since this ruling, the Warren County District Attorney’s Office has stopped allowing DUIs into the ARD Program. We have stopped admitting DUI cases into the ARD program, because doing so no longer allows those cases to be counted as a prior offense if that individual were to reoffend. Instead, first time offenders that would have been otherwise ARD eligible, plead guilty to DUI General Impairment, resulting in a mandatory six months probation and $300 fine. The key difference is that the conviction now remains on their criminal record. This ensures that if the same individual commits another DUI within ten years, it will be counted as a second offense with stricter penalties.

I believe this is an appropriate approach for DUI cases until the legislature is able to fix the issue. If elected District Attorney, I will continue this practice until the legislature is able to restore the ARD Program to what it was originally intended to do; treating first time offenders while ensuring that repeat offenders face stricter penalties for their actions.

ARE YOU CONCERNED WITH THE NUMBER OF CHILD SEXUAL ABUSE CASES IN THE COUNTY? IS THERE ANYTHING LEGALLY THAT IS CONTRIBUTING TO THE NUMBER OF CHILD SEX ABUSE CASES THAT THE DISTRICT ATTORNEY SHOULD BE ADVOCATING TO CHANGE IN THE FUTURE?

BROWN: There is nothing more heartbreaking than seeing the fear and pain in a child’s eyes after they have been hurt by someone they should be able to trust. I, unfortunately, have seen far too many of these cases in my career. Child sexual abuse cases are among the most emotional and serious cases we handle, and here in Warren County, we have seen a steady rise over the past decade of these cases.

That is why I’ve made protecting children one of the priorities of my career. Early in my career, I became involved in the creation and operations of the Warren County Child Advocacy Center (CAC) and continued to serve as a board member for many years. The CAC offers a safe place for children to share their stories with trained professionals, without fear of judgment. The CAC ensures their voices are heard and law enforcement receives the information needed to bring predators to justice.

I also saw a need for something more. Working with a small group of dedicated officers, I developed the WRATH Program. A local task force dedicated to tracking down and prosecuting online predators who are targeting our most vulnerable for their desires or whom are sharing child sexual abuse materials. These are your modern predators. They hide behind the screens, but with WRATH, we discover their true identity and hold them accountable for their actions. Every arrest is one less predator on our streets preying on our children. But prosecutors could use some help.

1. Strengthening and modernizing laws: I will continue to advocate for the modernizations of our laws. Pennsylvania’s laws on internet crimes against children need to keep pace with ever evolving technology, including artificial intelligence and the dark web. Our laws need to be as tough on them as they try to make it on law enforcement to catch them.

2. Expansion of Mandatory Sentences for all Sex Crimes: I believe every sex related crime, whether it is against a child or an adult, deserves to have a mandatory jail sentence. Some crimes, like unlawful contact with minors and violations of Megan’s Law, lack mandatory sentences. This is completely unacceptable. These are the most intimate crimes a victim can face and their perpetrators should face very severe consequences for their actions.

3. Support for healing and growth: I will keep advocating for the full funding of the CAC, Children and Youth and the Safe Place. These organizations not only help in the prosecution of these predators, but help our children heal, show them that they can feel safe again and that there truly is good in the world.

As not only a prosecutor, but a father and lifelong member of this community, I understand the weights of these cases and carry them with me everyday. Protecting children is not only my job

but also part of who I am. I will continue to fight to protect and ensure that the children of Warren County can grow up safe and live a happy life.

STRICKLAND: I am absolutely concerned with the number of child sexual abuse cases in Warren County. This is neither a new problem nor a local problem, as child sexual abuse has always been a pervasive issue. In the past, this issue was often not discussed publicly and victims rarely came forward, either because of fear of consequences or a fear of not being believed. Thankfully, children are being educated earlier, society has made it easier and safer for victims to come forward, and in Warren County, I want all victims to know that they will be believed and supported. The access, ease, and scope of modern communication (cell phones, internet, apps) have made access to victims significantly easier and more widespread. While there are already numerous laws in place to protect this type of predatory behavior, I believe it ultimately falls to the District Attorney’s Office to aggressively prosecute these cases and to hold offenders accountable to the highest extent of the law.

WHY SHOULD VOTERS ELECT YOU TO SERVE AS THE NEXT DISTRICT ATTORNEY?

STRICKLAND: The voters of Warren County should elect me as the next District Attorney because I am a fearless prosecutor and I am here to serve the residents of Warren County. I have always and will continue to treat every victim, witness and defendant with respect and fairness. I am confident in making difficult decisions and I am not afraid to stand up for what is right, even if it is not the easy or popular decision. I will enforce the laws fairly and equally and I will never give into outside pressures or influences. I will always strive to hold offenders accountable, to make Warren County a safer community, and to support and advocate for victims so they receive the justice they deserve.

BROWN: I’ve spent my career fighting for justice here in Warren County. Every case matters to me because it affects the people I care about most, family, friends, neighbors and Warren County citizens. Over the last ten plus years, I’ve prosecuted more than 1,400 cases, including homicides, drug trafficking, child abuse, robberies, financial crimes, aggravate assaults and much more. Through my work, I’ve helped victims and their families find justice and peace, and I’ve worked to make sure dangerous criminals are taken off our streets. I’ve also fought to secure more than $750,000 in restitution owed to victims, helping them recover from the financial impact they are facing as a result of the crime committed against them. In addition, I’ve seized and forfeited vehicles and other property used by drug dealers to transport poison into our communities, turning their instruments of crime into resources supporting law enforcement’s efforts to stop them.

Throughout my career, I’ve identified problems and worked to create solutions to make Warren County safer. Working alongside passionate officers, I created the Web Response Against Traffickers and Harmers. (WRATH). WRATH is dedicated to catching online predators who attempt to victimize children through online communications or by possessing and distributing child pornography. I also helped in the development and operations of the Warren County Child Advocacy Center (CAC), giving child victims a safe place to share their story to trained professionals and law enforcement.

In addition, I’ve worked with officers to deploy license plate recognition systems to help law enforcement locate vehicles of interest and to identify suspects more efficiently. Finally, we brought the TruNarc drug detection device to Warren County in order to enhance officer safety during drug investigations. This device allows officers to test a substance in a safe manner to not expose them to potentially deadly toxins.

For over the past eight years, I’ve also served as a board member of the Warren County Children’s Advocacy Center, helping ensure that children’s voices are heard, their stories are believed, and their safety always comes first. Every case, every long night, every moment in the courtroom is all about keeping Warren County safe.

For over 8 years, I have served as the First Assistant District Attorney, the second in command to the elected District Attorney. In that role, I am able to assume the leadership of the office when the District Attorney is unavailable and play a key role in major decision making that affects the office. I also manage state funds and reporting requirements, ensuring compliance with state agencies. I also help mentor and train new prosecutors, working to ensure the high standards our community expects from its prosecutors.

To do my job well, I’ve spent years getting advanced training to become the best prosecutor I can be. I’ve completed courses through the Pennsylvania District Attorney Association and the Attorney General’s Office in homicide, drug delivery resulting in death, child abuse, and death penalty cases. I also graduated from Top Gun, a special undercover narcotics program that trains prosecutors to work directly with police to stop drug dealers and criminal networks. These training sessions have given me the tools, knowledge, and experience to handle any case that comes through our courts. I’ve seen firsthand the damage that crime causes, and I’m determined to fight for the victims and families who deserve justice.

Warren County is my home. It’s where my wife and I grew up, where we are raising our children and where we both work and volunteer. I am a member of numerous community organizations and hold leadership roles in many of them. I have dedicated my career to making our communities safer. I know the people who live here, their values, their struggles, and their hopes for the future. As District Attorney, I will keep fighting for victims, supporting law enforcement, and doing what’s right.

As your District Attorney, I will continue to expand programs that protect children, including catching online predators through our WRATH Program. I will aggressively combat drug trafficking and overdose deaths, ensuring that those who bring poison into our communities are held accountable. I will work to strengthen partnerships with law enforcement, treatment providers, schools and local organizations to bring greater awareness and crime prevention and safety. I will continue community outreach efforts by visiting schools, local organizations, and community organizations to educate residents on crime trends and how to better keep themself safe. By keeping our community informed, we can prevent crime before it happens and work to keep Warren County a safe place to live and raise your family. I am ready to lead on day one and will continue building a safer, stronger Warren County for every family.

There’s far more to being a prosecutor than standing in a courtroom. As First Assistant District Attorney, I’ve taken on countless responsibilities beyond trial work that are critical to our community. I attend crime scenes at all hours of the day and night, helping law enforcement in investigations and ensuring that evidence is properly collected. I’ve participated in DUI checkpoints, DUI patrols, school drills, wiretaps, officer involved shootings and interrogations. I played a key role in the multi agency effort to capture Michael Burham, working with local, state and federal agencies to ensure the safety of the community and to bring him to

justice. These experiences have given me a firsthand understanding of the challenges a DA could face and the importance of teamwork and calm decision making. Like I stated, the role of a DA goes beyond the courtroom. It requires leadership, commitment, and the ability to see community needs and the ability to address them. I have been there and I’m ready to continue that commitment as our next District Attorney.

WHAT LAWS, IF ANY, SHOULD BE PURSUED AT THE STATE LEVEL TO ADDRESS POSSIBLE SHORTCOMINGS THAT MAY BE SHOWING UP IN CASES HERE IN WARREN COUNTY?

STRICKLAND: I believe the Warren County District Attorney’s Office does an excellent job of handling the prosecution of cases at the local level. Warren County is home to highly qualified and dedicated law enforcement agencies and officers who are trained to handle the investigations of all types of violations of the law. As an Assistant District Attorney, I have had numerous cases where local law enforcement received assistance from the Attorney General’s Office as well as the FBI, if needed. Having open communication and strong relationships with local and state law enforcement has made the prosecution of bigger cases in Warren County possible and successful. I am confident in our local law enforcement agencies, officers, and the District Attorney’s Office in investigating and prosecuting all types of cases. If elected District Attorney, I promise that every case will be investigated thoroughly and properly, either by local law enforcement alone or in conjunction with state and federal assistance.

BROWN: As a prosecutor, we are responsible for enforcing the laws that are provided to use by the legislature, but we are in a unique position to see firsthand where improvements could strengthen safety and hold offenders accountable. One such example is the issues we face with the ARD Program. I am encouraged to see that there has been a bill introduced in an attempt to correct this issue and allow the ARD Program to be restored to its original intent of holding first time DUI offenders accountable while still giving them a chance at rehabilitation. I will continue to advocate for a bill to correct this issue and for any measure that upholds the legislature’s original intent.

Another area that I would encourage the legislature and the Pennsylvania Commission on Sentencing to review is the new sentencing guidelines. These are guidelines that the Commission enacted to give judges guidance for sentencing for every crime on the books in Pennsylvania. However, the new guidelines have a tendency to be disproportionate to the crime that they are attached to. Also, the new guidelines allows for individuals’ prior records to not always be fully counted when determining a defendant’s prior record score for sentencing. For example, I have had cases where prior to the enactment of the new guidelines, the defendant would have had a significant prior record score and would have been looking at a lengthy jail sentence. However, with the new guidelines, the majority, if not all of their prior record did not count and they were determined to have a zero prior record for sentencing purposes. Issues like this are very frustrating for a prosecutor when you know a defendant has a significant history of crime but yet their record score when it comes to sentencing does not fully reflect that.

As a parent and prosecutor, many things hit home but nothing like a threat against our schools. When a school is threatened, it’s not just an inconvenience, it’s panic for students, teachers and parents. I’ve seen, heard and felt the fear parents have when a threat of violence is made against a school and its students. I have had experience prosecuting numerous school bomb threats over the years and feel that the current statues don’t fit the crime. I will advocate for stronger laws with increased grading and penalties for anyone who makes threats against schools. Those who terrorize our students must be held accountable. Students deserve to feel

safe walking into their classroom and parents deserve to feel safe sending their children to school.

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