Albany District Attorney David Soares. Photo: Tim Roske

Albany County District Attorney David Soares and Matt Toporowski, a former assistant in his office, are set to square off Tuesday in a primary election whose stakes have been amplified by mass demonstrations calling for increased accountability and justice reforms.

Soares, who is seeking his fifth term in office, and Toporowski, an upstart challenger who said he became disillusioned by his former boss' approach to matters of criminal justice, have argued over 2019 changes to New York's bail laws, which eliminated cash bail for most low-level and nonviolent felony offenses, as well as a proposed commission to investigate instances of prosecutorial misconduct.

Voters have already been able to cast their decision through early voting.

Soares has argued in favor of narrower changes to the state's bail laws, and as the former president of the District Attorneys Association of the State of New York launched a successful legal challenge to the constitutionality of the watchdog commission.

He has also touted a record that included declining to prosecute low-level marijuana crimes and advocates for "nontraditional means" for reducing street crime, including "restorative justice community accountability boards."

"While being tough on crime, I have led the fight on smart reform, making sure our laws are equal regardless of your economic status. This hard work has resulted in the reduction of both local and state prison populations, proving that you can improve public safety while addressing mass incarceration," Soares said in a statement posted to his campaign website.

Toporowski, who has also worked as a criminal defense attorney, has said he supports the bail overhauls, and argues that Soares' positions on justice reforms don't go far enough. His policies include harm reduction and diversion strategies that would prioritize treatment and alternatives to prosecution over punishment and incarceration.

The ultimate goal, he said, would be to create an office that is a "champion for racial justice," ending mass incarceration and transferring power to the community.

"Generations of 'tough-on-crime' policies have subjected vulnerable communities, disproportionately low-income neighborhoods and communities of color, to discrimination and cyclical harm," according to Toporowski's campaign website. "More than half of everyone in state prison from Albany County come from just three City Common Council wards, predominantly Black neighborhoods. Fairness and equity are essential to building a justice system that stands up to its name."

The policy debates have taken on increased significance in the weeks leading up to the primary, as thousands of protesters in New York and across the country have taken to the streets demanding more accountability for law enforcement and foundational changes to American systems of policing, particularly in dealing with Black Americans.

Nick Encalada-Malinowski, civil rights campaign director of VOCAL-NY, said that Toporowski's message was much more aligned with the sentiment being expressed by protesters, an asset that he would hope to capitalize on heading into Election Day.

"The fact that he's been able to launch a credible campaign against a powerful incumbent speaks to the failures of Soares and the underlying energy of the public," Encalada-Malinowski said. "The public is sort of having a different type of assumptions around DAs, where they are saying this tough-on-crime mindset is not where they want their DAs to be."

Toporowski has picked up high-profile endorsements from U.S. Sen. Bernie Sanders, I-Vermont, former New York gubernatorial candidate Cynthia Nixon and Grammy Award-winning recording artist John Legend.

Soares, meanwhile, has picked up endorsements from many within the local political establishment, including former Albany Mayor Jerry Jennings, Albany County Sheriff Craig Apple and state Assembly members Pat Fahy and John McDonald.

Across the country, local prosecutorial elections have become virtual referendums on criminal justice reform, attracting lots of outside money and endorsements from national progressive figures.

Last year, first-time candidate Tiffany Cabán nearly beat out former Queens Borough President Melinda Katz in the Queens DA race with the backing of U.S. Rep. Alexandria Ocasio-Cortez, D-New York; Sanders and U.S. Sen. Elizabeth Warren, D-Massachusetts, and progressive Philadelphia DA Larry Krasner.

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