Candidate Answers to JOLDC: Devian Daniels for Queens District Attorney

Candidate Name: Devian Daniels

Office Seeking Election for: Queens District Attorney

Campaign Website: https://daniels4da.com/

Campaign Social Media Handles: @Daniels4da

1. If elected, what would be the usual procedure for recommending or opposing release when people prosecuted by your office appear before the Parole Board? I believe a restorative justice approach that includes input from the inmate’s support system (family and friends) as well as the

possible complainant or complainant’s family. I would prepare an objective report based on the individual and the strengths in favor of parole. I would also include data showing how the board handled other persons who were paroled into our county who had similar metrics. I would reveal the complainant’s or their family member’s position. If our office has a different opinion than the complainant/family, I would include a statement explaining why we were supporting parole over their objections.

2. Will you commit to establishing a presumption of support for parole for those appearing before the State Parole Board who were prosecuted by your office unless there is clear, individualized evidence that they are a risk to the community? Yes.

3. Would you create a post-conviction unit? If so, what would you use the unit for? Yes. I would use the unit to review whether a sentence was excessive. I would have an ombudsman’s office who will be able to be a resource for the convicted whether incarcerated or released. I would use the unit to offer resources, guidance and to help to inmates close to reintegrating in our Queens society.

4. Would you establish a wrongful conviction unit? Yes, a robust wrongful conviction unit is necessary. Currently, Queens has one in name only. This bureau is woefully inadequate. It should be fully-funded with multiple attorneys. I would add supporting staff to this bureau. Processing the applications of both inmates and people who have served their sentences in a thorough and expedited manner should be a necessary part of this bureau. Yes, the wrongful conviction will be rolled into the post-conviction unit.

5. Would you make it a practice to meet with currently incarcerated people with pending clemency applications? Yes. I would want my office to do our own investigation and assessment and independently get information about the inmate and write about the strengths of a clemency application.

6. Would you make it a practice to visit people your office prosecuted who are currently incarcerated in the New York State prison system? Yes. I would want my office to learn about and investigate issues of injustice at the trial level sua sponte. I would want my office to learn about the needs of inmates before they re-enter society and whether we or another agency can assist to lower their chances of recidivism.

7. Do you support the Elder Parole bill, legislation pending in Albany that would allow people deemed older by the New York State prison system who have served 15 years in prison to appear before the Parole Board for an individualized release assessment? The bill does not mandate release for anyone. Yes. This option should be available.

8. Do you support the Fair & Timely Parole bill, legislation pending in Albany that would ensure people appearing before the Parole Board are assessed for release based on who they are today, their rehabilitation, and risk of violating the law? Yes. Accurate, up-to-date information should always be used.

9. In cases where bail may be set by the court, what would you do to ensure that your office does not contribute to the criminalization of poverty and the imprisonment of people simply because they cannot afford cash bail? I would offer many pre-trial, pre-court diversion programs. I would help the accused address the cause of crime by offering and referring them to mental health and drug counseling programs.

10. What steps would you take to address gun violence, knowing that the same communities most impacted by mass incarceration and criminalization are also the ones suffering from gun violence? I would focus prosecuting resources on persons who traffic guns to NYC and persons who injure others with guns. I would take steps to ensure the victims of gun violence are restored. In addition, I would ensure the civil rights of the people accused of gun possession crimes in Queens are protected. I would use DA’s discretionary funds to start conflict resolution skills and violence prevention programs in junior highs and high schools all across the borough. In addition, I would fund internships and work experience during the summer and after school for 14-24 year old individuals in order to teach them transferable work skills, to learn their personal strengths and to keep them occupied with positive experiences.

11. Would you prosecute sex work? Absent another related crime, our office will not be seeking to prosecute the behavior of two consenting adults. However, pimps, people who traffic persons and prey on minors or use force or coercion should be prosecuted.

12. Do you support the decriminalization of sex work? While I think consenting behavior of adults should not be policed, I think pimps, people who traffic persons or prey on minors or use force or coercion should be prosecuted.

13. The data on New York's bail reform laws is crystal clear: bail reform has decreased jail populations, kept communities intact, reduced racial injustice, and has had no impact on crime. What would you do to ensure full compliance and strong implementation of bail reform laws? I would only ask for bail on bail-eligible cases where I was concerned the person would not reappear for court. In that case, I would ask for the least restrictive method. I would create diversionary programs. I would increase the use of home confinement as a last resort.

14. Do you support legislative efforts to End Qualified Immunity in New York State? Yes

15. Many criminal cases in New York end in dismissal, including cases in which people were jailed pre-trial, what process would your office have to investigate these cases and how would you

change office policies to eliminate the pretrial jailing of cases that may end in dismissal. I would treat everyone as innocent proven guilty. I would not ask for bail if the case is not strong. Bail should only be used if the person is at risk for not returning to court. If it’s a serious crime, I would ask for house arrest.

16. District Attorneys are leading the charge to undermine the state’s Discovery Laws to remove guardrails installed by the legislature to ensure the timely transfer of evidence to people accused of crimes in New York State. Should people be prosecuted – and potentially jailed – without an opportunity to see the evidence against them? Why or why not? No. Closing cases and having a high conviction rate is not justice. True justice is bringing the truth to light. The system works best if all stakeholders get all the information they need to figure out if they will go to trial or not. No one is served by hiding or withholding evidence. Our community isn’t safe if we merely close cases. I think the defense should have everything within the prosecutor’s file.

17. Would you become a member of the District Attorneys Association of New York? Yes. I think information and knowledge is power. I would try to hear about the best practices of other offices and share what is working in Queens. I would speak up and reject any proposals that are dangerous, unfair or unhelpful in NYS.

18. Have you accepted, or are you open to accepting contributions or support from police or corrections department associations? Because police or corrections department members could become a subject of criminal investigation within Queens County, I would not want the presence of a contribution to appear to have affected the conclusion of any investigation.

19. Would you use information pulled from the NYPD "gang database" in charging, bail, or sentencing decisions? I would plead it in charging and only use it at a trial if it is relevant and accurate and all information is given to the defense counsel and subject to cross examination. People should not be railroaded. They should have a right to confront their accuser and the database information. I would probably not use the information at a bail hearing and sentencing hearing as they are sometimes too informal for a full hearing.

20. Youth are increasingly being held in adult jails before they even reach trial. What approach would you take regarding charging minors as adult? I would follow the law. I would err on treating minors as minors whose brains have not fully developed. I think Family court is well- equipped to handle minors committing all levels of crime.

21. Do you support reparations for slavery? Yes. Slave owners were the only persons who received reparations at the end of the civil war for loss of their property. Many other groups in American history received reparations after they were wronged. The descendants of enslaved blacks should not be treated disparately.

22. Do you support closing Rikers Island? Yes, under many conditions.

23. Do you support the administration’s plan to open borough-based jails? Yes under many conditions such as training correction officers properly, treating the underlying causes of crime, providing adequate mental health and drug rehabilitation support services for inmates.

24. Do you support legislation outlawing solitary confinement in all jails and prisons, including city

jails, and do you support Intro 549 (regarding solitary confinement)? Yes.

25. Will you publicly call on the governor to use her clemency power for the many incarcerated New Yorkers who can safely return home? Yes. Will you tweet out your support for this or issue a public statement? Yes. Would you be willing to be critical of a governor who does not exercise their power to grant clemencies and commutations to those worthy of release? Yes. Have you ever spoken out in such a way? I have liked and followed Professor Steve Zeidman who is a strong advocate on this issue.

26. If elected, will you include in your office’s newsletter instructions for your constituents on how

their loved ones can apply for clemency? Yes

27. Do you support the establishment of supervised drug consumption spaces? Yes.

28. Are you in favor of removing police from any of the following? a) Schools; b) Mental health response calls; c) Homeless outreach and social services; or d) Traffic enforcement. Yes. Armed police should not handle any of those categories. Historically, the police don’t belong in schools. They don’t have the skillset to handle complex yet delicate mental health response calls or homeless outreach and social services. I believe the unarmed Traffic enforcement department should continue to handle traffic enforcement.

29. Do you approve of Mayor Adams ’approach to sweeping homeless encampments? No. The homeless should be treated with humanity.

30. In view of the fact that Ed Koch has been documented to have caused the deaths of hundreds of thousands of people with AIDS, and was blatantly racist, would you support a city bill to rename the former Queensboro Bridge? Do you authorize the use of your name for such a purpose? I don’t have a position on that largely because quite frankly I do not know all the facts and data on this matter. There are so many instances and topics of injustice in Queens. I definitely want to use the Office of Queens District Attorney, my energy and resources to support causes that can render change and make equal justice under the law a reality.

31. Will you refuse money from individuals or Political Action Committees representing the real estate industry or law enforcement unions/associations? Because members of the real estate industry or law enforcement unions/associations could become a subject of criminal investigation within Queens County, I would not want the presence of a contribution to appear to have affected the conclusion of any investigation.