[StBernard] St. Bernard DA race: prosecutors tout experience, former judge says he's 'the outsider'

[Westley Annis]

St. Bernard DA race: prosecutors tout experience, former judge says he's
'the outsider'

Print Benjamin Alexander-Bloch, NOLA.com | The Times-Picayune By Benjamin
Alexander-Bloch, NOLA.com | The Times-Picayune 
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on October 03, 2014 at 11:35 AM

Two St. Bernard Parish assistant district attorneys and a former district
judge are vying for the top prosecutor job in a Nov. 4 race that now has
accusations flying from all three camps. 

The prosecutors argue they already know how to do the job, whereas the
former judge says he's seen them doing it from the bench -- and that the
public deserves better.

For the first time in more than three decades, St. Bernard this fall will
elect a new district attorney, as incumbent Jack Rowley did not sign up for
the race.

Former Judge Perry Nicosia, D-eastern St. Bernard, and two parish assistant
district attorneys, Glenn E. Diaz, D-Arabi, and Michael Gorbaty, R-Arabi,
are seeking the office. Nicosia, 47, resigned from the local Division C
judicial seat in August to qualify for the race. After Rowley announced he
would not seek reelection, Diaz and Gorbaty signed up.

Nicosia has sent pamphlets to residents pointing to high dismissal rates of
serious felony cases in the current district attorney's office. As the one
candidate not from the current office, he argues he'd be a change agent.

"I'm the judge, but I'm the outsider here," Nicosia said. "They both are
talking about their experience in the D.A.'s office. But, I am the guy who
is going to change things. Criminals need to go to trial to be accountable
by the public.

"I quit my job to come tell you all that we have to do better."

Diaz and Gorbaty, however, claim that Nicosia is presenting the dismissal
statistics in an untruthful light, and that he lacks an understanding of
criminal prosecution.

"By telling half truths, he is telling half lies," said Diaz, 63, who has
been Rowley's chief prosecutor since 1979.

Gorbaty, 60, said that in many of the cases that Nicosia cites, the victims
themselves decided not to pursue charges. He said in other cases, the
district attorney's office dropped charges because defendants chose instead
to plead guilty to other charges, and still often received up to 25 years in
prison.

Nicosia has defended the statistics saying that in part they show that
victims do not feel comfortable enough in the current system to move forward
with cases. He also said many crime victims are not informed enough about
the judicial process, feel removed from it, and don't show up to court when
they are needed.

"You can't blame the victim," Nicosia countered at a recent candidate forum,
instead pointing the blame Diaz's way.

Diaz has also referred to the contest and Nicosia's participation as a
choice between a seasoned prosecutor against a novice. Nicosia has responded
that: "I have been trying criminal cases as a judge."

Diaz said that's not the same as prosecuting cases. 

"If you are Julius Cesar watching the gladiators fight for a couple years
from your fancy seat, that doesn't mean you can just put on a suit and be
one of the gladiators in the ring," Diaz said. "A judge sits to decide guilt
or innocence. Lawyers battle each other.

"To have the top job, you need to be the top prosecutor."

But Nicosia said his "judicial experience of having to battle both sides of
the law" has given him a unique perceptive.

"I have seen both sides and can be more effective because I have seen the
pitfalls that the district attorney's office has and the mistakes that have
been made, where the evidence fell short."

While they both on the offensive against Nicosia, the two prosecutors in the
race have held their punches against one another.

Diaz has noted that Gorbaty only has had four years of experience as a
prosecutor, compared to his own 35 years. Gorbaty touts the leadership
qualities he developed during his 21-year military in the U.S. Air Force,
where he retired as a lieutenant colonel in 1998.

And in terms of Nicosia's critiques of the current district attorney's
office, he carefully has avoided hitting Rowley directly. When he announced
his resignation from the bench earlier this year, Nicosia commended Rowley.

"He deserves our gratitude for his longtime dedication to public service,"
Nicosia said in a statement at that time.

Rowley has not announced any endorsement in the race nor whether he would
endorse a candidate. But throughout the campaign, Diaz and Gorbaty have used
Rowley's name, calling him a mentor and a genius, and pointing to the low
crime rate during his tenure.

Both prosecutors have questioned why any major changes are needed.

"My parents have always told me, 'The proof is in the pudding,'" Gorbay
said. "St. Bernard parish is the safest parish in the metro new Orleans
area."