Alicia Colon: New York Sun Columnist


August 02, 2004

S.I.'s District Attorney Is a Rare New Yorker

Robert Morgenthau is the Manhattan district attorney and heads one of the nation's premier prosecutorial offices. He is also 85 years old and intends to run for re-election in 2005, and, because he is fit as a fiddle, will probably run again at age 90.

Nevertheless, speculation as to who would be his worthy successor is inevitable, and it's not unreasonable to look across the Bay at the new Staten Island D.A., Daniel Donovan, as a possible candidate. He worked for Mr. Morgenthau as a narcotic prosecutor and apparently has learned a lot from the master.

But Mr. Donovan is far too content with his current job even to entertain such thoughts. I met Mr. Donovan in his beautiful corner office overlooking the N.Y. Harbor.The D.A.'s offices are located in the former site of the College of Staten Island, and Mr. Donovan's office once belonged to C.S.I.'s president.

The day of my interview was rather overcast. Mr. Donovan told me that on a clear day, he can see as far as the East River from one window, and that he watches planes taking off from Newark Airport from another. But it's not his office view that generated his unmistakable pleasure in the position he was elected to last November. Daniel Donovan is one of those rare individuals - a New Yorker who loves his job.

"There's not a day that goes by that I'm not anxious to get here," Mr. Donovan said, his blue eyes sparkling. "Every day we're making strides, making Staten Island a better community and a safer place to live."

He's wasted no time in carrying out his campaign promises. During last year's campaign against the then-acting D.A., David Lehr, Mr. Donovan pledged that if elected his office would not plea-bargain cases involving attacks on police officers, teachers, correctional officers, emergency service personnel, and other city workers.

Deroy Woods, a 22-year-old who attempted to throw a deputy clerk of the court over a stair railing, found himself charged with second-degree assault. No plea bargain was offered, and Woods was sentenced in June to three years in prison.

For the first time in its history, Staten Island now has a formal witness-protection program - another campaign promise fulfilled. In 1994, Valerie Vassell was brutally murdered in her S.I. home by two men hired by Michael Burnett, the man Vassell was scheduled to testify against. He is currently serving a life sentence for the contract murder. It's hard to believe that even this witness's murder did not initiate a stronger protection policy in the previous D.A.'s office. Mr. Donovan is also seeking felony classification for violation of orders of protection issued by the Supreme Court.

This district attorney is embarking on a tough new DWI prosecution policy. Our current legislation is woefully soft on drunk drivers. DWI is a misdemeanor carrying a punishment of up to a year in jail plus fines and other penalties.

Mr. Donovan has asked that judges automatically give jail time to those who are convicted of DWI a second time or more. A Meiers Corners man, James Burgos, with a history of drunk driving was sentenced in June to 10 months in jail for driving while intoxicated last year, and also had his driver's license revoked.

"If You're Going to Drink, Let Someone Else Drive," read signs posted all across the bridge toll lanes thanks to a joint campaign of Mr. Donovan and the Port Authority of New York. While it may be too late for Burgos, other drivers hopefully will take the hint seriously because this D.A. is determined to cut down on any potential killers behind the wheel.

The Manhattan D.A's office attracts high-caliber young attorneys fresh out of law school, and Mr. Donovan appears to be providing the leadership that will revitalize the Staten Island office, which has had a dismal conviction record in recent years. In June, his office gave his assistant attorneys a 7.3% pay raise, the first salary increase since 2000.

He is very proud of his first two hires, who, he says, could have been hired anywhere. Lauren-Brooke Eisen is a young Princeton grad with a juris doctorate from Georgetown University Law Center. She is bilingual. Carol Villegas earned two B.A. degrees from NYU and her J.D. from NYU School of Law. She is trilingual.

That he was seeking bilingual attorneys shows the compassionate nature of the Republican district attorney. Ten percent of crime victims here are Spanish-speaking. "When I first arrived here, there were no bilingual attorneys on staff," Mr. Donovan said. "I'm not going to question anybody's immigration status. These workers stand on the corners for their day laborer jobs and get paid in cash. When they return, they are easy prey for criminals waiting to rob them." Mr. Donovan plans to hold a town hall meeting with members of the immigrant community to inform them of their legal rights.

Mr. Donovan also held a press conference this past April to distribute Spanish language pamphlets promoting the state's safe haven law. Two of the seven abandoned babies on Staten Island since December who were found dead are believed to be Hispanic. The pamphlets offer information on where pregnant women can safely place their newborns.

Daniel Donovan appears to be a prosecutor who's just as interested in preventing crimes as he is in successfully prosecuting them.

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