Republican Saratoga County District Attorney Karen Heggen is running for re-election after eight years in the position. Her Democratic challenger, Michael Phillips, says he brings private sector experience to the table, and also accuses the incumbent DA of losing her grip on the office.
WAMC interviewed both candidates this week.
Heggen has worked in the district attorney’s office since 1993 and highlights her experience as a prosecutor as she runs for another four-year term in fast-growing Saratoga County.
“I'm proud of the fact that I can stand before the voters in this county and say that I have the heart, I have the commitment, I have the dedication, and I have the knowledge and experience to continue to do the good work and lead the team of men and women who continue to keep this county safe, along with law enforcement,” said Heggen. “And that's the distinction my opponent does not have that level of experience.”
Phillips, also an attorney, says he’s running because of a sense of service he inherited from his father.
“My dad was a Navy vet. At one point in my life, I was a United States Marine. So, I've had this sense of service throughout my life. And now I want to serve a county that I grew up in and I love dearly because…I built two homes on Saratoga Lake – I’m kind of a lawyer who likes to get his hands dirty – I’m living in the second of the two homes that I've built there. And you know, I love the county and I want to help,” said Phillps.
Phillips says the theme of his campaign is “one standard of justice” for all county residents.
Describing his platform to WAMC, Phillips quickly pointed to the legal battles surrounding NXIVM. The sex cult masked as a self-help organization operated by Keith Raniere was founded in the late 90s and was headquartered in the Albany County Town of Colonie, and maintained offices in southern Saratoga County. Raniere was sentenced to 120 years in 2020 after a federal trial.
“Senior U.S. District Court Judge Nicholas Garafuis, Eastern District of New York, when he sentenced the NXIVM criminals, Keith Raniere and his little band of miscreants, he made the statement – this was covered in the Times Union – it was 'incomprehensible.’ That's a good word. It's the word he used, ‘incomprehensible’ to this court, Eastern District of New York, how NXIVM could have operated for so long, 15 years without the involvement of local prosecutor,” said Phillips.
WAMC asked Phillips if he would extend blame to other regional prosecutors.
“So, do you not have any criticism, then, for district attorneys in surrounding counties such as Albany County where NXIVM also operated?
“You’re good at this, Lucas, you're good at this. I'm not running anywhere else. I'm running in Saratoga County. That's my answer, OK?”
Heggen explained her office sought help from the federal government when it learned of the scope of the NXIVM case.
“The only time I knew anything about NXIVM, there was a very brief reference that was made here, we recognized it was beyond just our jurisdiction and we made a referral to the FBI who works hand in hand with the U.S. Attorney's offices, and that became a part of their case that they prosecuted in Brooklyn,” said Heggen.
Heggen says Phillips’ accusations show a lack of understanding of the office.
“That case involved not just Saratoga County, but multiple counties, including where NXIVM headquarters were located in Albany County. So, it's a multi-county, it became a multi-state case during the course of their investigation into the racketeering charges that were indicted and prosecuted and the people convicted of in U.S. District Court in Brooklyn. And it also became an international case, in that the leader of NXIVM, Mr. Raniere, was found in Mexico. And so, to think that this office here in Saratoga County would be able to handle that case just is not demonstrating someone who's understanding the scope and jurisdiction that this office has,” said Heggen.
In late October, Phillips held a press conference saying a county resident had discovered a box of files that fell into the roadway in the Town of Ballston. The Democrat has insisted the files belonged to the district attorney’s office.
“The box fell off the back of his car. The files, the box was disintegrated when it hit the ground. And these 150 court files or ADA files, it doesn't make any difference what kind of files they were, it was the ADA’s responsibility. Somebody walked out of that court with a box of files. And it wasn't a civilian. It wasn't somebody who was there on court, somebody walked out with a box of files, there are two court officers in every court. And nobody's walking out with a box of files unless they're connected to one of the agencies. In this case, it was the Saratoga County District Attorney's office,” said Phillips.
Heggen said her ADAs have gone paperless and carry laptops – not boxes of files – to court.
“It was determined based upon our knowledge of working in local courts that those were, in fact, court files from the town of Ballston. We were in touch with the Ballston Town Court judge who came to our office that same day, identified them as her court files. She then made a report to the New York State Police asking for an investigation as to how those files were obtained by other people and presented,” said Heggen.
Phillips has accused Heggen of influencing the State Police investigation to intimidate the man who discovered the files, a charge Heggen denies.
“Somebody had controlled those files and walked out of the court with them. And it wasn't somebody who had been in the court as a potential defendant. OK? Now, that's where the investigation needs to start. Go back to Ballston Town Court, Karen. Go back to Ballston Town Court, find the ADA that walked out with that box and start there,” said Phillips.
“The New York State Police I work with but they do not work for me. We are not overseeing the investigation. This is not a maneuver on our part to try and, using his words, intimidate someone to the contrary. I applaud anybody who comes forward with information particularly in situations like this where there's paperwork that appears to be official and needs to be addressed,” said Heggen.
Saratoga County leaders often tout the county’s lower crime rate when compared to surrounding counties, as measured by the State Division of Criminal Justice Services.
But Phillips says it’s not enough to look at one set of numbers. He highlighted the county’s higher drunk driving rate and pointed to data he said he gathered himself that showed some motorists driving more than double the speed limit around Saratoga Lake.
I'm looking forward to working with a lot of these really good people in law enforcement. So we can take a data driven approach to these issues and allow Saratoga County to continue to grow as it's been growing. You've got an interesting demographic and Saratoga growing young families and a lot of retirees. So, you've got grandparents hanging out with grandchildren. And the last thing you need is somebody going 81 miles an hour in a 35 mile an hour zone.”
Heggen, the first woman in the role, says the county’s lower crime rate is due to the engagement of public safety officials and the public.
“That, I think is a testament to a number of things including the members of law enforcement that we have in this community, our citizens themselves who step forward as witnesses and provide support and assistance when cases are happening in their area or they might have observed something, as well as the fact that the relationship that we work within our community as a whole works to try and address those issues that give rise to challenges in [the] criminal justice world,” said Heggen.
Election Day is Tuesday.