Campaign 2006: The Prosecutor's Debate
Oct 10, 2006 12:52 PM EDT
The ads started mid summer. "Experienced, tested, tough. A tough competitor who will be a tough prosecutor." The charges and counter charges came later.
"She has less experience than an intern in my office."
"I actually have more relevant experience for this job."
The race for prosecutor is hot and close. Tonight, Democratic challenger Melina Kennedy and Republican incumbent Carl Brizzi answer questions from you, the viewers, from Jim Shella and from each other.
Live from WISH-TV, channel 8this is "Campaign 2006: The Prosecutor's Debate."
SHELLA: Welcome to our "Campaign 2006: The Prosecutor's Debate." We begin with opening statements. By agreement, the first opening statement comes from challenger Melina Kennedy.
KENNEDY: Over the last four years our city has witnessed a dramatic rise in crime. And let me get right to the point, we are at risk of losing the war on crime. We are not losing the war on the streets, arrests are up. We are losing the war in the courtroom where conviction rates are down. As deputy mayor I've been in the neighborhoods and I've seen firsthand how crime impacts our families, and I can remember listening to a woman on the east side in tears because she couldn't walk just three blocks from where she worked back to her own home.
When I listened to her I was heart sick, but I was also angry, because she needed that job, and she needs a prosecutor who will fight for her. We need a change. We need new leadership, and I have a strategy to attack this war on crime.
SHELLA: Thank you. Now an opening statement from Republican incumbent, Carl Brizzi.
BRIZZI: Thank you, Jim. We have a 94% conviction rate for murders that go to trial. We have a 95% conviction rate for those who use, make and sell methamphetamine. When I was elected four years ago to the office of prosecutor we came in the office with a philosophy that criminals have a choice and victims don't. And this isn't just some catchy campaign slogan. This is a pledge to do whatever we can do to help protect the citizens and cities of Marion County. We've made great progress over the last four years. We've increased child support by over 16%, and we have a plan to protect the citizens of this county, and we are implementing it.
SHELLA: First question now goes to Melina Kennedy. To what degree is the prosecutor responsible for the crime rate in general and our recent crime wave in particular?
KENNEDY: The prosecutor has a tremendous role to play in fighting crime and also, frankly, when we see a rise in crime. Every time the prosecutor let's dangerous criminals back on the street with a failed prosecution or a weak plea that's another criminal back on our streets. What we see over and over is that the most dangerous criminals oftentimes are the repeat criminals who commit a large majority of the crimes. So when we see someone who is let out because of a weak plea or failed prosecution who should be put away for a long time that person will substantially contribute to our rise in crime.
SHELLA: Carl Brizzi.
BRIZZI: The prosecutor's office is part of a law enforcement team that includes both the sheriff, the mayor and others in the criminal justice system. For so long we have suffered because safety has been funded with what's left over after everything else is funded. We have a library project that is $15 million over budget. This is money that could help alleviate jail overcrowding, to make sure we don't lay police officers off, increase policing, not decrease policing, and make sure the ones on the front line have the resources they need to make sure they make a difference.
SHELLA: Is the jail overcrowding problem solved, and what can or should be done to prevent a repeat in the future? This goes to Carl Brizzi.
BRIZZI: I think we are well on our way to making progress on jail overcrowding thanks to significant bipartisan effort not only from the prosecutor's office but also the sheriff and the mayor. We have not had an early release since August of this year. But we should not congratulate ourselves too quickly. We need to remain vigilant and make sure that the resources continue to be dedicated to not only the prosecutor's office, the public defenders, the judges, the police, and also make sure we have enough jail space for those who need to be incarcerated. We recently saw we have prisoners now coming from California to be housed in our jail, and that's space that we could be using for Marion county inmates as well.
SHELLA: Melina Kennedy.
KENNEDY: I would agree that we've got to remain vigilant and make sure that we keep our eye on the ball every day to make sure we don't let criminals out on our street because of jail overcrowding. I'm proud of what I did as deputy mayor to alleviate jail overcrowding. I partnered with Frank Anderson to move female inmates to another facility, thereby making room in the jail. At the end of the day we need a tough prosecutor to make sure the people prosecuted are sent through the system and sent to the final destination, which is State prison, and that's what it's all about.
SHELLA: First to Melina Kennedy, it's a short one. Are all the smear ads necessary?
KENNEDY: I don't believe negative campaigning is the way that we should be telling our story. Frankly, my campaigns sticks to facts. I talk about my opponent's record because that's relevant here. Just like any business in corporate America, how you've performed is important. I won't hire an actor and put them in a bad light as my opponent has done to me here. I'm going to stick to the issue. I want to stick to making our community safe and the prosecutor can play a great role in doing that.
BRIZZI: What we've seen in these political ads is an attempt to politicize some tragic ending cases, and I am not allowed by ethical rules to comment on those pending cases. Not only does that re-victimize the victims, but it also jeopardizes potential prosecutions. The ads that you will see and continue to see from my campaign will deal with experience, which is the critical issue in this race, and also compare our plans to help make Marion county a better place to live.
SHELLA: Let me ask a follow-up there, and we'll start with Carl Brizzi. Because you're both using negative advertising, is it necessary?
BRIZZI: The ad that you saw from our campaign highlights the fact that my opponent has never worked in the prosecutor's office, never tried a case, never put a criminal in jail, and I think when you're talking about leading an office of 168 trial attorneys the fact that someone has never done that is a critical issue to the race.
SHELLA: Melina Kennedy.
KENNEDY: My ads address the records of the prosecutor. Any CEO has to stand by his or her record to determine whether or not they keep their job. To know, for example, that domestic violence conviction rates went down to 9% from 37% is information for the public to know. Are they being served well? I would argue they just aren't.
SHELLA: We have promised in this debate to give each of you an opportunity to ask the other a question. We'll begin with Melina Kennedy, your question for Carl Brizzi.
KENNEDY: Carl, as you know, jail overcrowding is an extremely important issue, and I think it's very important to be honest with the public with the facts. Last summer we had a terrible tragedy where Terence "mob" Anderson, as he's known, was released from jail then went out on a killing spree killing possibly two people. Last summer you were quoted numerous times in the "Indianapolis Star" saying he was let out the most recent time for jail overcrowding, and in fact he was the poster child for jail overcrowding. Most recently you've acknowledged that your office decided to release him from jail because you didn't believe you had enough evidence to prosecute him. I'm not questioning that if that's the case. I guess I want to know, which is it? Was he released because of jail overcrowding then went on a killing spree, or was he released because you didn't think you had enough evidence?
BRIZZI: This is a question that goes to what I said earlier about being ethically prohibited from commenting because of 3.6, the rules of professional conduct, I'm sure you know that rule as well. What I can say, generally, is that jail overcrowding has caused the release of thousands upon thousands of inmates from the Marion county jail that should have been incarcerated. And but for the fact that there was no money, that there was not a priority, that these people were released over my objection, time and time again, this is something that we ought not be tolerating as a society.
SHELLA: Carl Brizzi, your question for Melina Kennedy.
BRIZZI: On page 15 of your plan you propose granting amnesty to gun toting gang members who have committed felonies. How do you explain to victims that your plan puts gangs in control?
KENNEDY: Clearly you haven't read the plan in detail, because what my plan proposes is looking at what California has done, using a step act to address gangs. In fact, I think you've visited California yourself and talked about some of the things they've done in some cases where it might be appropriate in a first time amnesty situation to make sure that someone who is on their way to becoming a gang member, we may want to talk about that and see if there's an opportunity there to basically keep someone out of the system forever, and that's something that I think is worth exploring. And if you read the plan in detail I think you'd understand that that's not a be all-end all per se rule. I think it's worth exploring, absolutely.
SHELLA: You both used the term "tough" in your television advertising. Is there a place for compassion in the prosecutor's office? Melina Kennedy.
KENNEDY: There's absolutely a place for compassion. I have worked with victims of domestic violence as deputy mayor and as a lawyer on a pro bono basis. Part of the prosecutor's role is that they reach out to victims and work with victims not only because it's compassionate and the right thing to do; you can be more successful in your cases if you work with the victims. I believe victims should have a choice. I frankly believe victims should have a choice, and I disagree with my opponent who says victims don't have a choice.
SHELLA: Carl Brizzi.
BRIZZI: I'm not sure I understand why someone would disagree with the proposition that victims don't have a choice. Victims don't choose to be victimized by criminals. The person who is ultimately responsible for that crime is the criminals themselves. And we need to make sure we hold those individuals accountable and they are prosecuted and they do spend time in jail for those actions. As far as compassion, absolutely. One of the things I tell all of my prosecutors are just because we can do something doesn't mean that we should, and we need to temper justice with compassion. We need to make sure we have fair prosecution. Additionally, we have several prevention programs in the prosecutor's office that reach out to children, truancy programs, mentor programs, programs to educate children about gun violence. These are proactive programs designed to reach out to children at a time in their lives when it makes the most difference.
SHELLA: Experience is an issue in this case. Carl Brizzi, do you agree that time on task alone is not a measure of skill or ability?
BRIZZI: Yes.
SHELLA: Can you tell me how your time on task in the prosecutor's office benefits you?
BRIZZI: I served as chief of gang prosecutions during the late 90s. I have prosecuted murders, attempted murderers, gang bangers, habitual criminals, violent criminals, white color crime officials. I bring that experience to the prosecutor's office. Over the last four years I've also tried cases. I tried a case involving attempted murder on three police officers, and that person is serving 123 years in prison. Every day young prosecutors come up and ask about what happens if you have witness issues, victim issues, and the experience of actually rolling up your sleeves, being on the front lines, trying those cases makes all the difference in the world, because lawyers you're giving that advice to know you've been there and you've walked a mile in their shoes.
KENNEDY: I think that's very good experience. Sometimes when something is just not working, and we'll see this in business as well, someone coming in with a fresh perspective is the way to go. I have experience not only as a trained lawyer but as a deputy mayor taking on very hard issues in our community and leading teams to success. The office of prosecutor has 168 lawyers who need leadership. When I worked at the Indiana Supreme Court at a higher level, what I did every day was see also some of the most serious criminal matters that our state has ever seen, murders, rapes, robberies, what have you, and I know firsthand from that experience even a simple paperwork error can result in a criminal back in your neighborhood. And the leader of the prosecutor's office has to make sure to lead the team to success so that doesn't happen.
SHELLA: Go ahead.
BRIZZI: Reviewing cases as a clerk for the Supreme Court is not the same as prosecuting cases, just as watching war movies does not qualify someone to be a general.
SHELLA: All right. 30 seconds.
KENNEDY: I guess I'd say, first of all, you've tried two cases in four years, so I think you're misrepresenting what the nature of the leadership job is. But, secondly, it is very important, because at the end of the day we have to make sure we don't let people out because of simple paperwork errors, as your office has done time and time again.
SHELLA: Tell me this, Mrs. Kennedy, how can you evaluate deputy prosecutors on what they do in the courtroom if you haven't tried cases?
KENNEDY: I know how to lead teams to success. I have been a lawyer. I'm like the airplane pilot that has never flown the plane. This job is about being the CEO of the airline. The CEO doesn't need to fly the planes all the time. If he does, planes might start to get off schedule and such. This is a leadership position about producing good results. We need a change in this office. Crime is on the rise and it's not working.
SHELLA: Carl Brizzi.
BRIZZI: If you're going to talk about your credentials as a CEO, you have to be willing to stand by your past performance. With all respect, as my opponent worked in the city for the mayor in charge of job growth over the past five years we've seen a 68% growth in unemployment. We've seen a negative job growth and 50,000 people go on welfare in our county. And, you know, again, this is a job that is not sitting behind a desk and pushing papers and reviewing budgets. It's about rolling up your sleeves and being partners with the men and women of law enforcement and partners with the men and women in the prosecutor's office that are in the trenches every day trying those hard cases.
KENNEDY: As deputy mayor I've been in the neighborhoods, and I've seen what our community needs, but also more importantly I have led teams to success. I took the job taking on economic development just two months before 9/11, which everyone could understand it was a pretty tough national climate. You don't need to listen to a political adviser or even listen to me on this matter, the federal Chicago reserve has said Indianapolis is a shining star, and also the bureau of labor statistics shows job growth during the time I was in charge of economic development.
SHELLA: Mr. Brizzi, is it your position that no one without position as a deputy prosecutor should be elected prosecutor?
BRIZZI: Before this debate we did a web search of 92 counties in the state of Indiana, and of the folks that we were able to find, of the elected prosecutors, there is not a single elected prosecutor that had less experience than my opponent. I think this is a critical issue since we are the 12th largest city in the country.
KENNEDY: To answer your question directly, one of my opponent, mentors, Steve Goldsmith, may have many things to bring to the table, but he was not a deputy prosecutor before taking that office, that goes without saying. And the LA prosecutor hasn't been a deputy prosecutor, and in fact he was a deputy mayor for economic development before his job. At end of the day, though, we are in a new day, we have more deputy prosecutors than the office has ever had before, 168, and just like a business, sometimes when it explodes in growth it's time to take a good look and do things differently. Crime is up and we have to change it.
SHELLA: To Melina Kennedy, what is your position -- this is a viewer question. What is your position on decriminalizing marijuana?
KENNEDY: I am opposed to decriminalizing marijuana.
SHELLA: Why?
KENNEDY: Because I think that marijuana is a gateway drug that can lead to many other problems in the community. I don't see any good to making that legal.
SHELLA: Carl Brizzi?
BRIZZI: I also oppose legalizing marijuana. It is a gateway drug, just like smoking in many instances is a gateway drug. That's why we have several preventative programs to reach out to young people who are not of legal age who smoke and make sure that we get them to stop, because I've never met someone who was addicted to inhaling crack from a cocaine pipe that didn't first start smoking cigarettes at a very young age.
SHELLA: We've seen a circumstance in the last few days where one of the members of the Indiana Pacers was found to have marijuana in his car. No criminal charges were brought. Part of the explanation that was given in the media is that cases like this over burden the system because it's not a serious case. Does it make sense to have laws on the books that are not being prosecuted?
BRIZZI: Well, that case just happened a couple of days ago, and I think it would be, number one, wrong for me to comment on it, because it is a pending investigation and charges may indeed be brought.
SHELLA: (to Kennedy) Care to comment?
KENNEDY: I guess I would start by saying, as prosecutor no one is going to get special treatment, whether you're a sports star, or whoever you are you're not getting special treatment. I have to mention, Jim, he's called defendants everything from sociopaths to other things, and so to take the position now that you can't comment on any matters that you're involved with I find a little duplicative.
BRIZZI: May I respond?
SHELLA: You can.
BRIZZI: In two of the cases that are being talked about now and being advertised on television, in one case the defense attorney has filed a motion to delay that case because of the advertising, which is contributing to jail overcrowding, and in the second case it's a situation where the case may actually be venued or transferred out of Marion county to another county outside of the Indianapolis media market because of the extra comments that are being made, and the put up trying to politicize these tragic events.
SHELLA: Melina Kennedy?
KENNEDY: Again, I would just note that, you know, we have to agree at least on one or the other, Carl. Again, you have called the defendant -- I won't even name him. Before I even started talking about him, a good month before I even started talking about him, you were talking about his criminal history, he was out because of jail overcrowding, he had a pending dui. Which is it, Carl?
SHELLA: We are going to our lightening round, a series of questions that call for one word or short phrase answers. We'll start with Melina Kennedy. Name a politician whom you admire.
KENNEDY: I admire Sheriff Frank Anderson. I think he's doing a great job as the sheriff. He's been very supportive of me.
BRIZZI: Scott Newman is my mentor. The support of Steve Goldsmith and the support of men and women of law enforcement.
SHELLA: Carl Brizzi, can you give me one word or phrase that describes you?
BRIZZI: Passionate.
SHELLA: Melina Kennedy?
KENNEDY: Relentless, I have to confess.
SHELLA: Neither one of you used tough, I notice. Melina Kennedy, name a quality you admire in our opponent.
KENNEDY: I think my opponent does a great job in expressing his outrage on television when there are serious crimes in our city.
SHELLA: All right. Now, to another viewer question. Would you support a program -- I'm sorry, Carl, I stepped on you.
BRIZZI: That's okay. I believe my opponent is sincere. She has two young twins at home, and I know she's committed to protecting the citizens of this county. I think she's sincere in her beliefs, and I also think she could beat me in a 5K.
SHELLA: Carl Brizzi, now to the viewer question. Would you support a program of geographical prosecution, where the same courts and prosecutors handle the cases that come out of the same area?
BRIZZI: Absolutely. We have a community prosecution program that is one of ten leadership sites across the country. We have people coming from other states and countries to learn how we do community prosecution. One of the things we implemented in response to gang crime in our city is cross training our community prosecutors to also be gang prosecutors. What that does is it increases the number of prosecutors we have responding and prosecuting gang violence by eight, and these prosecutions are being done geographically because each particular side of Marion county has its own unique issues and problems.
SHELLA: Melina Kennedy.
KENNEDY: I support the current community prosecution program that was started and has grown over time. It has one person cover a geographical area. I have proposed to do what the caller has suggested, that is to assign cases by geography. All the deputy prosecutors at least for the most part become familiar with the neighborhood, and the crime issues in the neighborhood, and the repeat criminals in their neighborhoods. I think that's really a way to make sure the prosecutor's office is really connected to the neighborhood.
SHELLA: A question, we'll start with Melina Kennedy. How important is the role of Marion county prosecutor as a watchdog over state government?
KENNEDY: The role of Marion county prosecutor is a very great role. I get a kick out of this sometimes. I know my opponent's talking point four years ago is he needed to be elected because he was of a different party than the existing Governor. I wonder what the talking point is now. I do believe this is a very serious matter. The prosecutor must be a very effective watchdog over the entire state government to make sure our citizens are being represented fairly.
BRIZZI: I've been very aggressive in rooting out corruption, stolen identities, workers stealing money from those who need it the most, the lottery case where the game was fixed and they were paying out on a million dollar prize, and most recently the library project that is $50 million over budget, and we had a board member that was actually making money on that vote, on that deal. And one thing that you can be sure of is that we will root out public corruption regardless of what political party someone belongs to and regardless of who they know, and we have a track record of doing just that.
SHELLA: Melina Kennedy.
KENNEDY: I think it's worth commenting on the library. I think it's important you have been a watchdog. I think some people have their eyebrows raised, in that the deal that you cut with that particular defendant included no jail time and the possibility of moving it down to a misdemeanor. Some people question that.
BRIZZI: Melina Kennedy, how much does politics play a role in this office?
KENNEDY: Politics cannot play a role in this office. It is absolutely, positively the worst thing that can happen. Victims of crimes don't see whether they are going to be attacked by a democrat or Republican. We just have to keep politics out of this office, period.
SHELLA: Carl Brizzi.
BRIZZI: We've had a long history of prosecutors, myself, Scott Newman, Steve Goldsmith, who were not political. They belonged to a political party, but they were not political in how they dispense justice. The most important thing is justice be dispensed equally and fairly.
SHELLA: Question to Carl Brizzi. Is the death penalty used frequently enough in the criminal justice system?
BRIZZI: The death penalty is reserved for the worst of the worst, and it should only be used in cases where the guilt of the accused is beyond question. And in my four years as prosecutor we have used it sparingly, but we've used it appropriately. We've used it in situations where we know that we have the right person, and that person has committed a crime that is so heinous that he ought to be held to the ultimate penalty.
SHELLA: Melina Kennedy.
KENNEDY: I do support the death penalty, but as my opponent says, it is reserved for the most grave, grave situations and, in fact, even pursuant to statute there are specific situations when the death penalty is called for. So I don't think you can say in a vacuum whether or not it's over used or under used, it's a case-by-case situation. I remember when I was at the Indiana supreme court, which takes death penalty cases under direct review, how serious the cases are, and you have to make sure and respect they are very tough decisions for a prosecutor to make on a case-by-case basis.
SHELLA: Our final question, it goes to Melina Kennedy. How will the prosecutor's office change in the next four years if you were elected?
KENNEDY: What I would bring to this office is leadership and a past history of being a leader producing good results. This office, with good intentions, has not produced good results. What we've seen is arrests are up, so law enforcement is doing their job, but we're also seeing conviction rates are down, and my opponent is cherry picking numbers to tell you that certain crimes are up, when in fact overall conviction rates are down. So what I would bring is a long history of trained experience as a lawyer, work at the highest court on some of the most serious criminal matters, but also being a deputy mayor, being out in the community and knowing what our neighborhood needs so that I could bring to the office leadership and results that will really make a difference and make our community safe again.
SHELLA: Same question, Carl Brizzi.
BRIZZI: Thank you. My last thought when I go to sleep at night is my first thought when I wake up in the morning, and that's how to best protect the families and the citizens of this county. We talked about experience in the generic, but it has very real consequences. On page 15 of my opponent's plan it talks about giving amnesty to gun toting gang members who may have committed felonies. This is a bad idea. This puts the gangs in control. What we need to do as a county is continue to prosecute without apology the worst of the worst, the violent gang members, the habitual criminals, the internet predators that will prey upon your children. The reason I'm running for re-election is we have a plan, a plan based on a very simple philosophy, that criminals have a choice and that victims don't, and that we will continue to be strong advocates for victims who may have no voice, and to prosecute those who would prey on them.
SHELLA: Thanks very much. We appreciate both of you coming here tonight. Carl Brizzi, the Republican incumbent in the Marion prosecutor's office. Melina Kennedy, the Democratic challenger. Stay with 24-hour news 8 for all the news leading up to the November election. I'm Jim Shella. Thanks for joining us.