White Plains, NY -- The campaign to re-elect Westchester District Attorney Janet DiFiore calls on Tony Castro to correct any and all campaign literature including his Website, palm card and resume, that misleads voters. The call comes on the heels of a ruling issued today by the Westchester County Fair Campaign Practices Committee. Westchester District Attorney Janet DiFiore filed a complaint with the Committee against Castro, and Castro was cited for three unfair campaign practices (full decision included below).
DiFiore's first complaint was that Castro misstated his professional experience on his palm card, Website and resume. He claims to have served as Assistant District Attorney in The Bronx from August of 1986 - June of 2001. DiFiore pointed out that Castro was dismissed from this legal position for 13 months because he failed the bar five times, including failing the New York State Bar exam three times.
The Committee stated, "Ms. DiFiore complained that Mr. Castro's campaign material (palm card, Website and resume) misleads the public about his background and experience because it includes among items in his "Legal Experience"-- "Assistant District Attorney, Office of The Bronx District Attorney, Bronx, NY, (14 years: August 1986 - June 2001)," when, in fact, his employment as Assistant District Attorney was not continuous but was interrupted by thirteen months of work in a non-legal capacity."
Committee Finding: Unfair Campaign Practice. "The Committee agreed that Mr. Castro's material was misleading about his term of service, since the use of hyphenated dates (1986-2001) customarily represents the entire period of time between those dates, and Mr. Castro's service as Assistant District Attorney was not continuous between 1986 and 2001."
DiFiore also complained about Castro's use of a 2005 photograph with Westchester County Executive Andy Spano and Westchester County Clerk Tim Idoni. In a letter dated July 1, 2009, both Spano and Idoni asked Castro to remove it from his Website. DiFiore complained the photograph implies that Andy Spano and Tim Idoni endorse Castro in the current race, when in fact they support DiFiore. After receiving that letter, Castro removed that photo and replaced it with another 2005 photo of himself and Andy Spano.
The Committee stated: "Ms. DiFiore complained that Mr. Castro's Website conveys the misleading impression that Mr. Castro is now being endorsed by County Executive Andy Spano because it displays a photograph, taken during the election campaign of 2005, showing the two of them standing together."
Committee Finding: Unfair Campaign Practice "The Committee considers it misleading for a candidate to use materials, such as photographs, that were created in different circumstances to create a false impression of endorsement."
DiFiore also complained that Castro's 2009 campaign literature includes a quote from a 2001 New York Times endorsement, that was issued in a different race against a different opponent.
The Committee stated: "Ms. DiFiore complained about the inclusion on Mr. Castro's palm card/mailer of material that selectively quotes from an endorsement of Mr. Castro that appeared in the New York Times on November 2, 2001, at the time of an earlier election when Mr. Castro was running against Jeannine Pirro for District Attorney. Taken out of the context of its time, it creates the misleading impression of a current endorsement by the Times."
Committee Finding: Unfair Campaign Practice "The Committee agreed that by reprinting a portion of this endorsement from 2001 in his 2009 campaign literature, Mr. Castro misleadingly suggests a New York Times endorsement in his current race against Ms. DiFiore. As stated in its finding on the 2005 Castro/Spano photo, the Committee considers it misleading to use material produced in different circumstances to create a false impression of endorsement."
DiFiore Campaign Communications Director Tracy Everson said, "Tony Castro has lied to voters about his credentials, his support, and his political associations. Integrity and honesty are of paramount importance for any candidate, especially one running for District Attorney." Everson stressed the need for Castro to correct these misrepresentations immediately. "Mr. Castro needs to do the right thing. He needs to correct his campaign literature immediately, and start telling voters the truth about his background, his legal experience, and his current political associations."
The Westchester County Fair Campaign Practices Committee Manual (http://www.FairCampaignPracties.index.html) provides that:
"The candidate will neither use nor be involved with the use of any campaign material or advertisement that misrepresents or distorts the facts."
The Westchester County Fair Campaign Practices Guidance to Candidates (http://www.fcpcguidance.html) includes the statement:
"A candidate bears responsibility for the accuracy of campaign literature distributed in support of his/her candidacy. If inaccurate, the candidate should publicly disavow the misleading contents of that material."
A copy of the complete decision follows:
WESTCHESTER COUNTY FAIR CAMPAIGN PRACTICES COMMITTEE
82 Taymil Road, New Rochelle, NY 10804
Immediate Release
August 12,2009
FAIR CAMPAIGN FINDINGS REGARDING COMPLAINT BY JANET DIFIORE AGAINST TONY CASTRO, CANDIDATES FOR WESTCHESTER COUNTY DISTRICT ATTORNEY IN THE DEMOCRATIC PRIMARY
The Westchester County Fair Campaign Practices Committee (FCPC) met on August 10, 2009 to hear complaints by Janet DiFiore (Dem), the incumbent candidate for Westchester County District Attorney, against Tony Castro (Dem.), candidate for Westchester County District Attorney .
Mr.Castro did not appear at the hearing, nor did he send a representative. His written replies to Ms. Fiore's complaint, together with accompanying documentation, were provided to the Committee at the outset of the hearing.
Complaint:
Ms. DiFiore complained that Mr. Castro's campaign material (palm card, website and resume) misleads the public about his background and experience because it includes among items in his "Legal Experience"-- "Assistant District Attorney, Office of the Bronx District Attorney, Bronx, NY, (14 years: August 1986 - June 2001)," when, in fact, his employment as Assistant District Attorney was not continuous but was interrupted by thirteen months of work in a non-legal capacity.
FINDING: Unfair Campaign Practice
The Committee agreed that Mr. Castro's material was misleading about his term of service, since the use of hyphenated dates (1986-2001) customarily represents the entire period of time between those dates, and Mr. Castro's service as Assistant District Attorney was not continuous between 1986 and 2001.
Complaint:
Ms. DiFiore complained that Mr. Castro's website conveys the misleading impression that Mr. Castro is now being endorsed by County Executive Andy Spano because it displays a photograph, taken during the election campaign of 2005, showing the two of them standing together.
FINDING: Unfair Campaign Practice
The Committee considers it misleading for a candidate to use materials, such as photographs, that were created in different circumstances to create a false impression of endorsement.
Complaint:
Ms. DiFiore complained that there are two false statements in a sentence that appears beneath the photograph in the above complaint. That sentence reads: "He [Mr. Castro] was a Democratic candidate for Westchester County District Attorney in 2005, his first political race in which he came within 3 points of winning." According to Ms. DiFiore, those statements are false because Mr. Castro's first race for D.A. was in 2001; and in 2005, he lost by a margin greater than 3 points.
FINDING: No Finding
The Committee did not make a finding on this complaint because it recognizes how easy it is to read the sentence in different ways. The exact margin of loss might be a disputed statistic, but the complete sentence, as it is written and punctuated, is otherwise accurate.
Complaint:
Ms. DiFiore complained about the inclusion on Mr. Castro's palm card/mailer of material that selectively quotes from an endorsement of Mr. Castro that appeared in the New York Times on November 2, 2001, at the time of an earlier election when Mr. Castro was running against Jeannine Pirro for District Attorney. Taken out of the context of its time, it creates the misleading impression of a current endorsement by the Times.
FINDING: Unfair Campaign Practice
The Committee agreed that by reprinting a portion of this endorsement from 2001 in his 2009 campaign literature, Mr. Castro misleadingly suggests a New York Times endorsement in his current race against Ms. DiFiore. As stated in its finding on the2005 Castro/Spano photo, the Committee considers it misleading to use material produced in different circumstances to create a false impression of endorsement.
Complaint:
Ms. DiFiore complained that Mr. Castro has consistently made statements about the District Attorney's office that she says are "misleading," "unproven (and false)." The one she cited was Mr. Castro's 3/19/09 press release announcing his candidacy. In the release, which appears on his website, Mr. Castro stated that the "District Attorney's office is plagued by indecision, low morale and constant turnover."
FINDING: No Finding
The Committee did not reach a finding because there was not sufficient evidence presented by either side to assess the validity of the complaint.
