Building Bridges - Volume II, Number 2, 2002
Alexandria Community Prosecutor Reaches Out to the El Salvadoran Community
After four years seeking ways to open the lines of communication with the Latino Community in the City of Alexandria, VA, Commonwealth Attorney S. Randolph Sengel realized community prosecution could be the solution. The Commonwealth Attorney’s Office, with 12 full-time prosecutors and limited resources to serve a city population of roughly 130,000, would be hard-pressed to take a prosecutor out of the office full-time. However, financial assistance from two DOJ-BJA community prosecution grants (i.e., Implementation and Enhancement awards) allowed for an additional attorney specifically designated for community prosecution.Multnomah County, OR’s “Drug Free Zones”
CA Sengel chose Assistant Commonwealth Attorney Thomas Cullen to be the first community prosecutor. An experienced prosecutor who is fluent in Spanish and has lived in Central and South America, ACA Cullen had previously worked as a teacher, social worker and probation officer. Since community prosecutors often act as educators and counselors, Mr. Cullen’s knowledge of the criminal justice system and his prior experience made him the obvious choice. CA Sengel also determined that the community needed a Spanish-speaking community outreach specialist to help them understand the significant differences between the American criminal justice system and their homeland’s criminal justice system. This person would provide pretrial advocacy for Latino victims and witnesses by informing them of their rights and help collect restitution. CA Sengel chose Oscar Lasso for this position. A native of Panama who speaks fluent Spanish, Mr. Lasso understands the dual existence of someone who is Hispanic living in the culture of the United States. The Arlandria section of the city was chosen as the site for the community prosecution program, since a large proportion of the residents are Latino (primarily Salvadoran). Because ACA Cullen and Mr. Lasso occupy a storefront location in the heart of the Salvadoran community, they are more easily accessible to the small, family-run business owners and residents who populate the area, in turn helping the office develop better and more trusting relationships with the Latino community.
Staff from the National Center for Community Prosecution (NCCP) recently met with ACA Cullen and Mr. Lasso at their community office to discuss the challenges and successes during their first year in the neighborhood. Helping business owners and residents overcome their fear and distrust of the criminal justice system was the first order of business. This was not an easy task, due to the residents’ negative experiences in their homeland and the fear of the U.S. Immigration and Naturalization Service (INS). Because of this fear and distrust, Latino victims and witnesses typically fail to appear in court at a much higher rate than other ethnic groups in Alexandria. Even more distressing, many Latino victims do not report crimes that were committed against them. Although it has been difficult to reassure people that they will not be reported to the INS for coming forward to talk to the police and the prosecutor’s office, the message is being heard. In the past two years, due in large part to the office’s interaction with the Latino community and the additional presence of ACA Cullen and Mr. Lasso in the neighborhood, the rate of failure to appear for court dates by Latino witnesses has decreased from 30% to 8%.
ACA Cullen and Mr. Lasso also encourage the business community and residents to identify issues and concerns they have about quality of life in their neighborhood. By providing a forum for business people and residents to discuss their concerns, and then working with them to bring about long-term solutions and lasting improvements, Mr. Cullen and Mr. Lasso have developed stronger and more meaningful interactions with business owners and residents in the area. They also regularly attend meetings of the Community Justice Council, Alexandria Business Association, and Resident Managers meetings.
The close relationship with neighborhood residents recently paid off in a very tangible way when ACA Cullen learned that, ironically, an illegal alcohol establishment (“cantina”) was being run out of a house directly across the street from the community-based office. Cantinas sell alcohol to the underage, those interdicted and prohibited from possessing alcohol and those who are far too intoxicated to buy in legal establishments.1 The resulting nuisance crime from this illegal sale of alcohol, and the public health risks, made the community less desirable.2 ACA Cullen suggested a team approach to deal with this problem. He brought together members of the Alexandria Police Vice-Narcotics Unit and the Fire Department (including code enforcement and fire marshals) to review citizen complaints and reports of code and zoning violations filed by city agencies. Attempts to get an undercover officer into the house failed, and it became apparent that the police lacked sufficient information for a police search warrant. However, the fire department had more than enough probable cause for a warrant due to code violations, so the decision was made to enter on a fire department warrant with the police as back-up. When the team executed the search warrant, they observed approximately 20 cases of beer, signs of gambling activity and illegal food sales, as well as numerous fire and zoning code violations. The police were then able to obtain a criminal warrant based on their observations. The female who leased the house and operated the cantina was arrested and charged on three criminal counts: running a business without a license, selling alcohol without a license, and common nuisance. All three counts are Class 1 Misdemeanors with potential sentences up to 12 months and $2500 fines. At trial, the defendant was found guilty on all three counts and sentenced to 30 days suspended and a $100 fine on each count. The property is now condemned, and the owner will have to bring it up to code before he/she can rent the house again.
To give the community a voice at sentencing in neighborhood cases to ensure that their concerns are heard, “community court day” is currently being developed in the City of Alexandria. In partnership with the Court, law enforcement, social service agencies, and code enforcement officers, Mr. Cullen has arranged for community cases to be heard on the first Tuesday of every month in front of the same judge. Instituting a community court day will allow for community input at sentencing and faster resolution of cases.
Since moving to his neighborhood office, just one year ago, Mr. Cullen has already sent a strong message to the community—He can be trusted, and he will get the job done!
For more information about the City of Alexandria Commonwealth’s Attorney’s Community Prosecution Initiative, please contact Thomas Cullen, Assistant Commonwealth’s Attorney, at 703-519-3318 or email, thomas.cullen@ci.alexandria.va.us.
1 Quote from Erik Barnett, Assistant Commonwealth’s Attorney, Alexandria, VA. June 25, 2002.
2 Id.
News in Our Community
- Marcia Cunningham has joined NCCP as Senior Attorney: Marcia is an experienced prosecutor from a small jurisdiction. Marcia brings the rural jurisdiction perspective to her position and will greatly assist NCCP as she and other staff develop course curricula and materials and provide technical assistance to meet these jurisdictions’ needs. Welcome aboard, Marcia!
- 2nd National Community Prosecution Conference: The dates have finally been confirmed—April 13-16, 2003. NCCP has selected the beautiful Wyndham Washington, D.C. for this event. It is located in the heart of Washington, D.C., steps away from Capitol Hill, the White House, national monuments and more. Funded by the Bureau of Justice Assistance (BJA), this conference will offer a wide variety of topics and information on community prosecution, including current national trends and emerging issues from the BJA regional workshops. The conference is open to anyone interested in community prosecution, including prosecutors, law enforcement, municipal agencies, community representatives, and other allied professionals. The conference will provide advice and strategies to all team members in their efforts to combat crime and reclaim their neighborhoods; it will explore how the philosophy of community prosecution can be used throughout other areas of a prosecutor’s office; and it will honor and celebrate community prosecution leaders. Please keep these dates open for your participation and plan to attend.
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