In Bronx DA Race, Darcel Clark Faces a Challenge From Tess Cohen

As Darcel Clark, the Bronx district attorney, made her way through the crowd at a Juneteenth celebration on Monday afternoon, it was clear she was in friendly territory. “Hi, D.A.,” a group of women called out. Ms. Clark smiled, hugged the women and asked how they were.

A couple of miles away, Tess Cohen, the criminal defense and civil rights lawyer who is challenging Ms. Clark in next week’s Democratic primary, was knocking on doors at the Pelham Parkway public housing complex, trying to get the word out about her campaign, one apartment at a time.

The June 27 primary offers Democratic voters in the Bronx something they have not had in recent years: a choice in the race for district attorney. But Ms. Cohen, who is challenging Ms. Clark from the left, faces a difficult fight against a well-known incumbent with more money, the support of the political establishment and name recognition across the borough.

Ms. Clark, 61, a former state appellate court judge, was the first Black woman to be elected district attorney in New York. She grew up in the Bronx and was raised in public housing and went to public schools. She was nominated by Bronx Democratic leaders in 2015 and faced no primary opponent that year or in her re-election bid in 2019.

Ms. Cohen, 36, is a criminal defense lawyer at ZMO Law. She spent more than eight years as a prosecutor in New York City’s Office of the Special Narcotics Prosecutor. She is originally from Riverside, Calif., and has lived in the Bronx for 11 years.

Ms. Cohen said in an interview that she decided to run because she was “really frustrated with how the Bronx is consistently left behind” when it comes to receiving services and “things that create true public safety.” Specifically, she suggested that more people could benefit from mental health and gun court programs in the Bronx, which can provide an alternative to incarceration.

Ms. Clark said that her biggest accomplishment has been “putting humanity into the criminal justice system,” a mission she said she wanted to continue, and noted that she was focused on balancing both public safety and justice. “You cannot do this work if you don’t know the people that you serve,” she added.

In a recent debate hosted by BronxNet, a local TV station, the candidates staked out different positions on crime, on a 2019 legal reform law, and on the troubled Rikers Island jail complex.

Ms. Clark said that her office had done “everything that we can to combat crime, whether it’s creating new bureaus in my office to deal with crime strategies, to deal with violent criminal enterprise — anything that will help victims of crimes.” She pointed to her Community Justice Bureau, formerly called the Alternatives to Incarceration Unit, which helps prosecutors connect people with community resources.

Ms. Cohen argued that more could be done, and said the district attorney’s focus on incarceration has been detrimental. “The Bronx continues to be left behind,” she said, adding that the borough created a gun court program, which gives a second chance to young people who face gun possession charges and have no prior violent felony convictions, years after Brooklyn had such a program.

The candidates also differed on a 2019 law, backed by progressives, that favors criminal defendants.

In April, Ms. Clark and two other district attorneys sought to reverse some of the changes progressives had won. One revision would have allowed judges more freedom in detaining certain defendants on bail. Another would have placed a timeline on defense lawyers to flag and request outstanding case material, or “discovery,” from prosecutors. The prosecutors ultimately abandoned the changes.

Ms. Clark said that she was in favor of the 2019 discovery reform, especially after spending 16 years on the bench. “I would never want to go back to the way it was,” Ms. Clark said, but she said that she supported “reasonable revisions.”

Ms. Cohen said the proposed changes represented a “gutting of the reform” and said that “we cannot go back to a system where we have Kalief Browders.”

Mr. Browder was sent to Rikers Island when he was 16, accused of stealing a backpack. He never stood trial and was never found guilty of any crime, but he was held at Rikers for three years. He killed himself in 2015. Prosecutors in his case had received a number of adjournments that prolonged his detention. State legislators invoked his name when they passed the 2019 reform, which aimed to curb such delays.

Ms. Clark said during the debate that the Browder incident saddens her to this day. She called the handling of his case a “colossal failure” of the district attorney’s office, his defense attorney, the Department of Correction and nine judges, of which she was one.

“I accept that I was part of that,” Ms. Clark said. “But also part of that means that you do something about it, so that doesn’t happen again.”

The candidates agreed that Rikers should be closed, but they differed on how it should be managed in the meantime.

A federal monitor overseeing the Rikers Island jails complex recently said that officials, including Louis A. Molina, the New York City correction commissioner, were hiding information about violence. And a federal judge signaled that she might be willing to consider a federal takeover.

Ms. Cohen argued in favor of a federal takeover of Rikers. She said in an interview that the district attorney’s office should open an independent investigation into the jail. She said that Mayor Eric Adams and Mr. Molina were “really actively hiding how terrible things are at Rikers,” noting a new policy where jails would no longer announce inmate deaths.

“The D.A.’s office isn’t proactively going out to look into instances, it’s waiting to see if other agencies refer instances to them,” Ms. Cohen said. “Even when they do bring charges, often they are late or unsuccessful.”

Ms. Clark said during the debate that she had opened an office on Rikers and opened a public integrity bureau that handles corruption. She said she had won indictments against inmates and corrections officers. “The indictments are happening,” Ms. Clark said. “It takes time to happen.”

Asked about a federal takeover of Rikers, Ms. Clark said that she was “in favor of anything that is going to bring justice, that’s going to make Rikers Island more humane and more safe, but it’s not my decision.”

Ms. Clark is leading the race by some traditional campaign markers. She has more money on hand — $281,000 according to a report filed on June 16, compared with just under $16,000 for Ms. Cohen — and the backing of numerous unions and Democratic Party heavyweights, including Senator Chuck Schumer, Attorney General Letitia James, Bronx Borough President Vanessa Gibson, and Assembly Speaker Carl E. Heastie.

“Darcel is a strong candidate, she’s been a lifelong Bronxite, she knows intimately what the issues of the Bronx are, and I just don’t see the challenger bringing that to the table,” said Virginia Krompinger, president of the Benjamin Franklin Reform Democratic Club, which endorsed the incumbent.

Ms. Cohen has won the support of voters and organizations explicitly looking for a change — including a number of formerly incarcerated people who were exonerated. Amanda Litman, the co-executive director of Run for Something, a progressive group that recruits political candidates, said her group had endorsed Ms. Cohen because “she knows the system in and out, she has a really strong progressive vision for what the office can be and what the office can do.”

Turnout in New York City’s primary elections is not expected to be high — and it remains to be seen how focused voters are on the district attorney contest in the Bronx.

Ayisha Khalid, a college student studying politics and criminal justice, answered the door when Ms. Cohen knocked, listened to her pitch and appeared to appreciate the candidate’s ideas about providing second chances for people who commit crimes. Still, she said, “I have to read more about it, because I had no clue.”