Mano a Mano, and a Mea Culpa: Two DA candidates try to define themselves — and the job they are seeking

NORTHAMPTON – Northwestern District attorney hopeful Michael A. Cahillane confronted one of the most troublesome issues facing his candidacy last night, admitting to a debate crowd that he was wrong to sign a 2005 ballot petition that, had the Legislature not nixed it, would have gutted gay marriages in the commonwealth.

“It was a mistake,” Cahillane, 40, said in response to a question from panelist David Pakman. “I don’t believe civil rights should be put on the ballot.”

Because there is no Republican in the race, the winner of the Sept. 14 primary will take over the top prosecutor’s job, which pays $144,508 a year.

Cahillane said he and his wife Christine, the owners of two rescued Greyhounds, signed the petition while they themselves were gathering signatures to ban dog racing. He said he signed the anti-gay petition “in a sense of democracy” only to help put the measure on the ballot. The petition was organized by VoteOnMarriage.com and the names were published by KnowThyNeighbor.org.

Amplifying his answer, Cahillane said he has been a longtime supporter of rights for same-sex couples and recalled a case where he prosecuted a suspect charged with attacking two gay men. “I have been a vigorous prosecutor of hate crimes,” he said.

DA candidate David Sullivan, the register of probate.

The flap over the petition, Cahillane said, has caused “tremendous pain to myself and my wife.” When asked if he would have his name removed from the petition, as others have done, Cahillane replied in the affirmative. “Yes, I will do that,” he said.

Sullivan, in response to the gay rights question, said he welcomed the state Supreme Judicial Court’s 2004 decision to allow gay marriages and supports “equal protection for people who love each other.” Preserving civil rights for all people, Sullivan said, is a fundamental responsibility of the DA’s office, adding that, if elected, he would create a civil rights division to focus efforts in that area.

“When you’re the DA, you have to stand up for everybody’s rights,” said Sullivan.

The exchange over gay rights was one of the most captivating moments of the 90-minute long event, which was drew almost 200 people to the Look Park Garden House here. The debate was sponsored by the Pioneer Valley Young Democrats, and featured three panelists — Talk show host Pakman, Mount Holyoke professor Lucas Wilson, and attorney Mara Dolan.

The two candidates, both smartly dressed and buoyed by enthusiastic supporters in the crowd, answered questions, read opening and closing statements and even asked each other one question during the debate, the first of several such events over the closing weeks of the campaign.

About 200 people watched the debate live inside the Look Park Garden House.

Cahillane, 40, of Northampton, worked as a prosecutor for 10 years in the office of incumbent DA Elizabeth D. Scheibel, and handled many high-profile and sometimes controversial cases. He announced for the top job in June 2009 after Scheibel said she would not seek re-election; earlier this year, Cahillane quit his assistant DA’s job to focus on the campaign.

Sullivan, 50, of Easthampton, is the current register of the Hampshire County Probate and Family Court here, a post he was elected to in 2002 and again in 2008. A longtime trial attorney and advocate, he started his career representing U.S. service members in West Germany, served a stint as Easthampton city attorney, and another representing workers filing complaints with the Massachusetts Commission Against Discrimination.

As for fundraising, Sullivan has had a distinct edge, having announced he would seek the DA’s job in January 2009; but Cahillane’s campaign contributions have run even with his opponent’s since Memorial Day, state campaign finance records show. (See Northampton Media story on the fundraising battle published Aug. 18)

Both Cahillane and Sullivan maintain active websites, as well as Facebook pages (links for Cahillane and Sullivan), where they drum up support, announce upcoming events, tout endorsements and explain key positions.

Mike Cahillane and his wife Christine immediately after the debate.

During Tuesday’s debate, Cahillane touted his experience as a criminal prosecutor, and said that as DA he would continue trying cases in court to lead by example. Sullivan said the DA’s job is largely managerial, and that his experience overseeing his own law practice and the registry of probate and family court will aid him in providing leadership and restoring productive teamwork in the DA’s office.

The candidates on DA Elizabeth Scheibel

While there were some highs and lows during the give-and-take for each candidate, neither candidate stumbled, and neither dealt a knock-out blow. Sullivan, however, picked up points during questions regarding Scheibel’s job performance and the reputation of her office.

Cahillane declined to slam his former boss, saying that there is always room for improvement but that he would not discuss ongoing cases. Scheibel, he said, has done well reaching out to the community, something he would continue in office. He pledged to work closely with schools to protect kids from internet danger, promised to protect the elderly from fraud and scams, and vowed to keep “fighting for the victims of crime, each and every day.”

Audio: Cahillane on Scheibel’s performance

Sullivan, however, took of the gloves, saying he would avoid the type of legal quagmires that have marred the DA’s office in recent years. He mentioned specifically the Jason Vassell case, “Pottygate,” and a recent grand jury indictment that was “tossed out because of prosecutorial error.”

In late July, Hampshire Superior Court Judge C. Brian McDonald ruled that the Northwestern DA’s office “knowingly or recklessly (presented) false or deceptive evidence to the grand jury” in their prosecution of Pedro Baez, 19, of Northampton in a home invasion case. (See story on Gazettenet)

“These types of cases have to end,” Sullivan said.

Audio: Sullivan on Scheibel’s performance

Vassell, a black University of Massachusetts student, was charged in 2008 with aggravated assault and battery after stabbing two white men. Vassell’s lawyers maintained that he was acting in self-defense, and argued that his arrest and prosecution were racially influenced. The charges against Vassell were dropped recently, but not before a judge ordered that the DA hand over its files on other cases involving race.

In the Pottygate case, Scheibel convened a grand jury investigation after a Hadley juvenile court employee let an unauthorized person use keys to a bathroom located in the DA’s mainly-unused office suite. Hampshire Superior Judge John A. Agostini quashed Scheibel’s investigation into who leaked information from the grand jury to reporters, and sharply criticized Scheibel’s handling of the situation.

Audio: Attorney Bill Newman on the Pottygate flap: First Amendment Minute

David Sullivan and former assistant U.S. attorney John Pucci, a campaign adviser, after the debate.

Sullivan said the DA must provide sound judgment and show leadership in the office, and that cases dealing with race or with the powerless in society should be treated with humility, good judgment and wisdom.

“This is the people’s office and it needs to improve,” he said. “We can do better.”

Both candidates said they support the decriminalization of marijuana that voters approved in 2008, but each said the law should be tweaked to require IDs be shown by people caught with less than an ounce of pot, and that treatment for youthful offenders should be pursued.

Throughout the debate, Cahillane asserted that his experience as a criminal prosecutor with investigative skills gives him the knowledge and savvy to run the office and make the sound judgments required of a DA. His good working relationship with police, he said, is the reason that police patrol officer unions in Northampton and Easthampton have endorsed him.

Sullivan said his managerial and political skills would be of great value managing an office with more than 70 employees and fighting to get adequate state funding for front-line services. His solid reputation as a competent lawyer and manager, he said, is why 40 former Western Mass. prosecutors recently signed a letter of endorsement.

With him, Sullivan said, “the public doesn’t have to take a chance on leadership.”

The DA’s job, Cahillane said, is not like Law and Order on TV, where cases are neatly resolved according to script. “This is real life that affects real people,” where a real prosecutor is called for, Cahillane said.

The two candidates will face off again on Sept. 1, at 7 p.m., at the John F. Kennedy Middle School, sponsored by the Greenfield Recorder and Daily Hampshire Gazette. Also, a Know Your Town Candidate Night will be held at the South Hadley Town Hall on Sept. 2 at 6 p.m.

Both candidates will also speak at a Sept. 10 fundraiser for Northampton Media.

Although Cahillane’s website and Facebook page list few upcoming events, Sullivan’s sites list several other campaign events, including: Sep. 5, Focus Radio Show, noon at WMUA Campus Center, University of Massachusetts, Amherst; Sep. 9, a half-hour Lincoln-Douglas style debate, Channel 22, at 12:30 p.m.