The Wayne County District Attorney’s Office made headlines recently when it took over prosecution of a quadruple homicide in Irondequoit.
The appointment of a special prosecutor in the case was necessary because the acting Monroe County District Attorney Brian Green had a conflict. But the issues don’t end there. Green’s conflicts of interest extend to “several hundred” cases currently before the office, a spokesperson confirmed. Of those identified so far, about 75 are felonies. But all require outside counsel appointments, translating to an untold expense for taxpayers.
Gov. Kathy Hochul tapped Brian Green last month to fill the position vacated by Sandra Doorley, who retired in early September. In order to avoid a conflict of interest, a special prosecutor or another outside attorney is required to be named in any cases where Green first served as a judge. That requirement is outlined in state law, which directs the court to appoint another attorney to prosecute a case if they are disqualified from doing so themselves.
Mark Funk, president of the Monroe County Bar Association, likened the situation to a football game.
"It's like going from him being a referee, and then in the middle of the game, ‘Okay, you have to go coach one side or the other,’” Funk said. “That’s not fair to the defendant. I can't imagine what a defendant would be thinking, ‘Oh, my judge is now my prosecutor.’”
Funk said that Green not recusing himself would have opened up problems in getting convictions, as well as given plenty of ammunition for appeals.
Green was one of three Irondequoit town justices. The affected cases are limited to those in which he was involved, presiding over appearances or hearings, or signing warrants. In most cases, the District Attorney's office will tap a court-appointed private attorney to prosecute the case. A spokesperson for the office said the exact number of cases affected still was being determined.
Last week, Wayne County District Attorney Christine Callanan was appointed to serve as special prosecutor in the case brough against two brothers—Luis and Julio Soriano—accused of killing a family of four last year on Knapp Avenue in Irondequoit. It is now being heard by Monroe County Supreme Court Judge Charles Schiano.
The tapping of different prosecutors to stand in for Green comes at the financial cost of the county, but just how much is unclear. A spokesperson for the District Attorney’s office deferred to the county, stating all invoices would be handled by the county. A spokesperson for the county deferred to the District Attorney’s office.
Funk said that the move for the District Attorney’s office to deal with the potential conflict of interest at the outset was the right thing to do to ensure the integrity of both the office and any convictions it attempts to secure.
“The fact that our local officials, not only that this is on their radar, that this is an issue that needs to be addressed and they need to be out front of, but being proactive, and making this happen, and recognizing that it’s an ethical problem that needs to be addressed is really just a credit to DA Green,” Funk said.
Gov. Hochul's office deferred to a previous statement she made following Green's appointment. In a statement, the office also noted "as with any experienced and qualified candidate for District Attorney, there is going to be a history of important legal work which can create conflicts and proper recusals must be made."
Green will serve as District Attorney through 2026, when an election will be held for a prosecutor.
Includes reporting from WXXI Investigations Editor Brian Sharp.
