By JODI SOKOLOWSKI
Buffalo Law Journal

Only Kenneth Case, a former assistant district attorney, was planning to challenge Erie County District Attorney Frank Clark in a September primary for the Democrat slot in the November election.

But Clark's announcement May 12 that he wouldn't seek re-election due to health reasons opened the race wide open. Clark, who was expected to garner endorsement on all five party lines this year, ran unopposed in 2000 and 2004.

Assistant District Attorney Frank Sedita III and Diane LaVallee, a former assistant district attorney, stepped up to the plate shortly after Clark's announcement.

The Erie County Democratic Committee endorsed Sedita, who comes from a family of lawyers and judges - his father is state Supreme Court Justice Hon. Frank Sedita Jr.

"He's a young vigorous individual who will bring fresh new ideas and energy to the DA's office," said Democratic Committee chairman Len Lenihan. "He has the expertise needed to fight crime."

Sedita is also endorsed by the local Conservative and Independence parties.

The Erie County Republican Committee endorsed LaVallee, a registered Democrat, to run as a Republican in the September primary.

While Lenihan said LaVallee's "flip flopping ... shows she's got strong ties to the Republicans," LaVallee defended herself, saying the office should be apolitical.

"A district attorney is ethically obligated to seek bipartisan support because the office is meant to be and must be above politics," she said.

LaVallee said her strategy is to win the Democratic primary on Sept. 9, then win the general election on both the Democratic and Republican party lines.

Currently the New York State Taxation and Finance Department's Special Investigation Unit for Western New York's deputy director, she investigates tax fraud for prosecution from Syracuse to Buffalo. She said she has administrative and trial experience as former bureau chief of the DA's Sex Crimes Unit and as an assistant attorney general who led 12 state death-penalty prosecutions.

"I think, having had statewide experience trying cases in counties all over the state, that I bring the fresh, new perspective," she said. "The public is looking for real change and new ideas to improve the office."

However, it's Sedita, with 20 years of "uninterrupted" service as an assistant district attorney, who is claiming that he is the one who will bring needed change to the office.

"When you're in a place day after day for 20 years, you develop a love but also a burning desire to do things differently," he said. "I have my own ideas of how things should be done."

Currently bureau chief of the DA's homicide unit, Sedita has also led the special investigations and prosecutions bureau. He cited several successful cases, including the prosecution of Sister Karen Klimczak's murderer and the exoneration of Anthony Capozzi, that were assigned to him.

"It's important to lead from the front," he said. "It promotes a culture of respect and of collegiality, and (that) we're all in this together."

While he doesn't have direct administrative experience, Sedita said, he has led 220 convictions out of 225 homicide cases in the past seven years.

"I have a record of quiet but effective leadership," he said.

If elected, Sedita plans to implement office-wide the homicide unit's policy of being available "24-7" for immediate assistance to law enforcement when a crime occurs.

"When you're involved on the ground floor and during the fact-gathering phase, it will make the case more compelling and persuasive to the jury," he said.

He said he will work to bring together all prosecuting agencies, from the DA's office to the U.S. Attorney's and the state Attorney General's offices, instead of "fighting each other over turf battles."

"We're all supposed to be pulling on the same rope together," he said.

Case, who said he's been endorsed by several law-enforcement agencies, said his goal is to work more closely with the arresting and investigating agencies.

"They feel like they're not getting the help and support from the DA's office," he said. "I'll work with them and make the DA's office the best it can be, which in turn will make law enforcement the best it can be, which will then make for a safer community."

He questioned Sedita and LaVallee's later entrances into the race.

"If they were really doing this in the best interest of law enforcement and this community, where were they in January?" he asked.