UNPACKING THE ELECTION FOR DISTRICT ATTORNEY

At the beginning of each episode of the long-running TV show, Law & Order, we are told: “In the criminal justice system, the people are represented by two separate yet equally important groups: The police, who investigate crime, and the District Attorneys, who prosecute the offenders. These are their stories.”

Unless a voter closely follows local criminal prosecutions or attends campaign events in Washington County, there is little opportunity to discover information about the two candidates in the upcoming election for District Attorney. From my perspective, here are their stories.

In Pennsylvania, a District Attorney has jurisdiction over all felony, misdemeanor, and summary offenses. The office works with other county agencies, including Juvenile and Adult Probation, Drug and Alcohol, and many state agencies to provide criminal justice services. There is an important administrative component to the position in organizing the work of a number of Assistant District Attorneys, office staff, and detectives.

The local candidates are incumbent Republican DA Jason M. Walsh, Esq., and his Democratic opponent; Christina DeMarco-Breeden, Esq. I asked both candidates to respond to written questions to help explain why each is running and why voters should consider supporting them. In my view, following the commissioner’s contest, it is the most important election that voters will decide this November.

Jason Walsh joined the DA’s office in 2016 as a Deputy District Attorney. He gained the trust of then-District Attorney Eugene Vittone and was promoted to First Assistant. When the very popular Mr. Vittone unexpectedly passed away in August 2021, Mr. Welsh was elevated to District Attorney for the remainder of the term.

Mr. Walsh points out that over the last two years, he has continued the work of his predecessor and “set benchmarks in the prosecution of violent/gun-related crimes and drug deliveries resulting in death.” He continues personally to prosecute homicide cases while performing all of his administrative responsibilities.  He is proud of the detective unit he has assembled and the fact he has been “endorsed by all of Washington County’s law enforcement organizations.” If elected into his position, Mr. Walsh does not foresee any major changes to the office and will “continue to make Washington County a safe place to live, work, and raise children.”

Christina DeMarco-Breeden's goal as an attorney was to “become a prosecutor.” She has served in this function in a part-time capacity since 2015. She believes that “the thousands of cases she has been assigned, from traffic offenses to homicide, have prepared her to assume the next step as Washington County’s first female District Attorney.”

Ms. DeMarco-Breeden is campaigning to bring administrative changes to the office. She would “re-establish the County Special Victims Unit, with trained prosecutors who specialized in domestic violence, sexual assault, and child abuse.” She would place more emphasis on “specialty criminal courts in the areas of drug addiction, mental health, and cases involving veterans. This would provide needed support services to reduce re-offending.” Like her opponent, if elected, she is committed to carrying a caseload in addition to performing administrative responsibilities.

A significant difference of opinion concerns the filing of death penalty cases. Mr. Walsh’s opponent points out that as of May 2023, “Washington County had 12 death penalty cases while the much larger Allegheny County had half this number. The entire Commonwealth had only 52.” Ms. DeMarco-Breeden is not opposed to the death penalty. However, she believes it “should be reserved for the most heinous first-degree murder cases involving premeditation and a specific intent to kill.” She believes that Mr. Walsh has politicized homicide cases in seeking the death penalty in many situations. Mr. Walsh’s response on this issue is that his “difficult and solemn decision” to pursue the death penalty was “based on the horrific facts and circumstances of each case.”

The filing of death penalty cases has become a hot issue of national importance in criminal justice circles. Such cases are prohibitively expensive and time-consuming for any District Attorney’s office. Research has shown that the death penalty does not reduce violent crime and may result in innocent and mentally ill people being executed. Moreover, the death penalty is brought more often against minority defendants. Because of the importance and sensitivity of this issue, I hope that the candidates will have the opportunity to explain their positions to the voters in an upcoming debate.

Ms. DeMarco-Breeden’s candidacy is being challenged for the scattered locations of her work as a prosecutor. She resides in Washington County and is an active member of the local Bar Association. However, her past employment as an assistant DA has been part-time in the Greene and Fayette County DA’s offices. She is now employed part-time in the Somerset County office. She has never worked in Washington County’s District Attorney Office.

DeMarco-Breeden believes her experience in neighboring counties gives her a broader perspective on the duties of District Attorney.  She points out that she has served in many cases as a court-appointed attorney for abused and neglected children in Washington County.  

There is a clear difference in the respective philosophies of the candidates. Mr. Walsh has more of a conservative law-and-order orientation. Ms. DeMarco-Breeden comes across as a criminal law reformist. 

The “best story” for the office should follow the blueprint established by former DA, Eugene Vittone.  His approach was to support a well-trained and equipped police force while showing compassion whenever warranted in the courtroom.