Emmanuel Nneji and Michael Kavanagh traded barbs in front of an audience of more than 200 business leaders at the Ulster County Regional Chamber of Commerce’s monthly breakfast meeting. Nneji, who also goes by “Manny,” is a Democrat who currently serves as chief assistant DA under DA David Clegg, who is not seeking a second term. Kavanagh is a personal injury and criminal defense attorney who previously served as chief assistant DA under former DA Holley Carnright. Kavanagh is once again running on the GOP line after an unsuccessful bid against Clegg in 2019.
The breakfast saw both men lobbing accusations that their current or former bosses — and by extension, each other — mishandled the DA’s office. Calling it a “disaster,” Kavanagh lampooned Clegg’s team as being disorganized and short-staffed, resulting in dropped cases and acquittals.
"There have been dozens of cases dismissed because the district attorney's office has failed to turn over discovery. That won't happen on my watch," said Kavanagh.
In 2020, New York implemented new discovery and bail reform laws requiring prosecutors and defense lawyers to share evidence with each other more quickly. Nneji said DA offices across the state have struggled to keep up with that timeline — it is not just an Ulster County problem, and in fact, Nneji maintained the office has fared better than some of its peers in the region. But anyway, he accused Carnright’s team of leaving the new office in the lurch just as the new laws were being implemented.
"Mike is talking about cases being dismissed — a lot of the cases that were dismissed, he doesn't tell you that those were being handled by assistant DAs left over from [Carnright's] administration," said Nneji. "And because they couldn't handle those cases, they left."
The DA’s office experienced a lot of turnover in the first few months of Clegg’s term — something Kavanagh attributed to a lack of leadership, and Nneji tied to the broader “Great Resignation” during the pandemic. Nneji said they could still use about three or four assistant DAs to help with the workload.
Kavanagh, however, argued the office should already have the resources to stay afloat. He said the Public Defender’s Office, where he works part-time, had 14 cases dismissed in the past year for discovery violations made by prosecutors, despite the DA’s office receiving more than $750,000 in grant funding to set up a discovery and records unit. If elected, Kavanagh said one of his first actions would be to shore up the office’s organizational structure and train newer prosecutors.
"I will bring leadership. I will bring experienced prosecutors back to that office. I will hold people accountable," he pledged. "People need to know what their roles are."
That drew a rebuttal from Nneji, who called the Carnright office that Kavanagh was a part of the “most degrading administration in Ulster County history.” Without citing specific evidence, Nneji accused the previous office of having a toxic and cliquey work environment that got less work done and swept employee misconduct under the rug.
"You have an assistant DA naked in a bar during that administration. You have an assistant DA threatening another assistant DA with a weapon. Nothing done. You have an assistant DA with a 'Monica Lewinsky' issue. Nothing done," said Nneji.
"I don’t even know what to say. I have no idea what to say," Kavanagh responded. "I guess we can just look at the results. That office was healthy, it was happy. We had a bunch of dedicated, hardworking people. I’m sorry Mr. Nneji has decided to besmirch that office. Now we know why so many assistant DAs left."
Overall, Nneji touted his 32 years as a prosecutor, and said his main priority would be to continue tackling violent crime, while using discretion in cases with lower offenses, and delivering justice with empathy. He said he would take a particularly hard approach to drug dealers, and those who prey on the elderly — but would use alternative programs and drug court to steer those struggling with addiction toward treatment.
"I want to make sure that the fact that we have a hammer, does not necessarily mean you get to see everything as a nail," he added.
Kavanagh said he would also rely on such programs. He said fighting the opioid epidemic would be one of his top priorities as DA, and touted his dual experience as a prosecutor and defense attorney, as well as his position on multiple task forces related to opioids, elder abuse, and animal abuse.
"I understand how the criminal justice system works from both sides. I have a unique perspective," noted Kavanagh. "And I want to use that perspective to be the type of district attorney that will make all of you proud."
"I am not a politician. Never have been, and never want to be," Nneji closed. "Some run for public office because it's an ambition, or to fill a legacy, or because they think they're leaders and they want to get in front of the line to lead. For me, it's simply a way to serve."
The Ulster County Regional Chamber of Commerce has roughly a thousand members, and plans to host another breakfast with Kingston’s mayoral candidates on October 17. Election Day is November 7, with early voting kicking off on October 28.
