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Office of the District Attorney P. David Soares Soares Announces 20% Increase in SCI Pleas ALBANY, NY – District Attorney P. David Soares today announced that based on preliminary 6 month figures, 235 felony cases were resolved through Superior Court Informations (SCI’s) for the first six months of 2005. This represents an increase of 20% compared to last year. Last year just under 38% of all cases that ended with a conviction were resolved through an SCI plea deal. This year the rate has increased to 48%. This rate compares very favorably with the State-wide rate of 36% and the average upstate rate of 42%. Soares estimates that each felony case resolved through an SCI saves the County Taxpayers over $750 in Court fees, attorney time, and police overtime. At this rate, the 20% increase in SCI Pleas will save Albany County taxpayers over $60,000. DA Soares noted that under New York State Law, all defendants charged with a felony are entitled to have their case reviewed by a Grand Jury consisting of 23 citizens before a prosecutor can go forward with a prosecution. However, defendant’s can waive that right and plead guilty to a Superior Court Information prior to going through the indictment process. For the defendant, the justification for pleading guilty to an SCI offer stems from his belief that the SCI offer is going to the best offer he is going to receive during the prosecution. For the prosecutor, there are several benefits. First and foremost, nailing down the case quickly through the acceptance of an SCI plea minimizes the stress and trauma for crime victims. This is especially important in domestic abuse or child abuse cases. Additionally, quickly nailing down a guilty plea minimizes the risk that an unforeseen event such as the disappearance of or change of heart by a key witness could take place that could degrade the quality of the case. There are also a variety of administrative benefits resulting from SCI pleas which are less appreciated by the public. One such benefit is that an SCI deal eliminates the time and energy associated with processing a case through a Grand Jury. The NYS Department of Criminal and Justice Services reports that the average time it takes to resolve a case involving a Grand Jury indictment is 104 days. If a case is resolved through an SCI plea, this time drops to an average of five days. The result is a savings for the taxpayer. “When we get an SCI deal done, we avoid the costs of preparing a case for a Grand Jury presentation and possible trial. There are three advantages to this. First we are not taking up the valuable time of the citizens performing their civic duty by participating in Grand Jury deliberations. Second, we eliminate the time and expense of having witnesses, especially law enforcement personnel, testifying. I believe that Police Officers are most valuable to society when they are out on the street making arrests and protecting citizens, not when they are sitting in the Court House, waiting to testify to the Grand Jury. Finally, we are freeing up Court calendars by eliminating all the conferences, motions, hearings, etc. that are the inevitable result of a case getting indicted by a Grand Jury. In a time when County budgets are getting squeezed and law enforcement resources are being committed to Homeland Security, it is mandatory that all of us involved in the fight against street crime find ways of working smarter and more efficiently,” he said. Soares attributes the increase in SCI pleas to several changes that he has instituted in his Office. First, he pointed to his newly formed Felony Review Committee. “My senior staff and I review the evidence supporting every case that comes into the office and we recommend a treatment for the case. This case review results in a set of sentencing guidelines for the Assistant DA’s to follow. I have also asked my Assistants to inform defense counsel and defendants that they are not going to get a better offer by extending the process. The philosophy of this office is simple: ‘We indict on the evidence. We prosecute on the evidence. And in the end, if the case goes to trial, I have every confidence that we will get convictions based on the evidence.’ This is what I mean when I talk about being both tough and smart,” Soares said. Second, he pointed to the new organization of the office including the creation of the Bureau Chief positions. “With Cheryl Fowler in the Street Crimes Unit, Larry Weist in the Major Offense Unit and Mike McDermott filling in in the Special Victims Unit, it is possible for the ADA’s to have greater access to the management support they need to answer questions regarding the handling of a case. This helps ensure a uniform and high standard of accountability and performance,” he said. In addition to the increase in SCI’s, Soares pointed out that the overall number of cases processed by the Office is up substantially from the end of last year. “Our first quarter numbers were up 25% compared to the last quarter of 2004 and our second quarter numbers are up 35% compared to our first quarter. So overall, the number of cases processed during the first six months are up 25% compared to the final six months of 2004. When you consider that we have had a staff turnover of over 20% during this time period, these numbers are something that I am proud of and that my whole Office should be proud of. When I entered this Office in January, I promised that our first priority was to keep the system operating at peak capacity during the transition, I now can say that we delivered. And I credit a group of hardworking people who have endured a tough transition period for having risen to the challenge. The people of Albany County should expect nothing less.” Back to Press Releases For further information contact: Richard Arthur
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