Former prosecutor challenges Perfetti for district attorney

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She loves her job helping children, but Elizabeth McGrath is pursuing something more important: helping bring justice to criminal defendants across Cortland County.

In a nutshell, that explains why Elizabeth McGrath of Homer has announced she is seeking election to be the county’s district attorney. She has the Democratic endorsement; she plans to challenge Republican Patrick A. Perfetti, who was elected in 2016 and re-elected in 2020.

She describes herself, after 13 years as a prosecutor in Bronx and Cortland counties, as a “skilled trial attorney … who has prosecuted hundreds of cases, including homicides, robberies and sex crimes.” She also touts her experience in “fighting child abuse and supporting victims.”

McGrath, 46, cites her experience prosecuting violent crimes, first across five years in Bronx County and later in eight years as chief assistant DA in Cortland County – under Perfetti and earlier Mark Suben – before leaving in 2020. She also lists her administrative capabilities, which she says will enable her to improve the organization of the Cortland County DA’s office.

Perfetti, 60, has wrestled as DA with hiring issues. In January, the office hired a sixth attorney, but lacking a full contingent of lawyers, his office had to dismiss 20 cases in the previous nine months. Another attorney departed the office in March, a county personnel report released this week shows.

Since leaving the DA’s office, McGrath has been involved in child advocacy. She is senior attorney at Citizens Concerned for Children, representing youths in abuse and neglect cases, and those in custody battles.

A married mother of two, she has a bachelor’s degree in history from Bryn Mawr College near Philadelphia. She has a law degree from Hofstra University on Long Island.

Perfetti could not be reached for comment Tuesday, but via email Tuesday evening, his campaign provided a statement saying he is running to “keep working hard every day to make families safer in Cortland County. My office is delivering results by taking on tough cases, truly listening to victims and their families, working with (police) to fight fentanyl, opioids and other drugs, and standing up for law and order.

"Over the last few years, the state Legislature has completely changed how prosecution is handled with so-called ‘progressive’ policies like cashless bail, discovery reform, raise the age and more. Despite these monumental challenges, our office here in Cortland County has continued working tirelessly to investigate and prosecute cases.

Regarding the staffing issue, he said:

"Unfortunately, maintaining staffing is a widespread problem in DAs offices across upstate New York. There is a shortage of qualified candidates and the compensation can be significantly less than the private sector or other opportunities."

Perfetti has also been municipal attorney for Cortland, Homer, McGraw, Lapeer and operated a private practice in the community. He is a retired U.S. Navy commander who graduated from St. Rose University, and from Thomas M. Cooley Law School in Michigan.

Editor's note: This story has been updated with comments from Perfetti.