Zappala: No plea deals to Black attorney who called his office 'systematically racist'

Five days after well-known Black attorney Milton Raiford spoke out against racism in the criminal justice system, Allegheny County District Attorney Stephen A. Zappala Jr. emailed all of his deputy prosecutors forbidding them from offering any plea deals to Raiford or his clients.

“On May 13, we experienced another issue of unprofessional conduct in the courtroom of Judge (Anthony) Mariani, this one involving Attorney Milt Raiford,” the May 18 email began. “The transcript will evidence what is presently considered a convoluted critical diatribe. You are being advised of what actions will be taken.”

Zappala’s email, obtained by the Tribune-Review, went on to say that effective immediately, “no plea offers are to be made.

“The cases may proceed on the information as filed, whether by general plea, nonjury or jury trial. Withdrawal of any charges must be approved by the front office.”

A legal ethics expert said that Zappala’s action is unethical and punishes Raiford’s clients for him expressing his own opinions. Local defense attorneys agreed.

“It’s wrong on so many levels and potentially sanctionable,” said Bruce Green, a law professor at Fordham University. He runs its Louis Stein Center for Law and Ethics.

Zappala declined to comment on Tuesday.

Raiford, who learned about the email from a reporter, was stunned.

“It’s numbing. It’s a vindictive thing to do. There’s no reason for it,” Raiford said. “I don’t know why he’s making my clients suffer because of something I said.

“That just shows you where we’re at.”

According to Raiford, the comments he made on May 13 in Judge Anthony Mariani’s courtroom came as a result of frustration with what he sees as systemic racism in Pittsburgh.

“The winds of change are blowing in our country,” he said in an interview. “Where district attorneys across the country are finding ways of lessening the numbers of Black men in custody, it’s short-sighted for our DA not to make a statement of steps he’s going to take.”

Raiford, who is 65, and grew up in Homewood, said his hurt goes beyond just the prosecutor’s office. He practices law in Western Pennsylvania.

“I can’t tell you the depth of hurt in my spirit that our courthouse has been silent on it,” he said. “They’re not doing anything to assure our community of color that things are going to change. They won’t even acknowledge that things need to change.”

On May 13, Raiford was in Mariani’s courtroom for a hearing in which his client pleaded guilty to aggravated assault in a 2019 stabbing. At the end of hearing, which, according to the transcript, proceeded normally, Raiford asked the judge if he could put something on the record.

He then went on for what amounted to 20 transcribed pages — sometimes rambling — about racism in the courts, the pandemic, and how the court has responded to it.

“I just want to say that it is very disheartening that in this county, that we had no comment from the district attorney’s office, no comment from our administrative judge at this division, no comment from the supreme court, who seems like they are totally ignoring which way the wind is blowing nationally, that all of these people are being shot for nothing, all of these people are dying for nothing,” Raiford said, according to the transcript. “And we’re trying to get back to normal.”

At one point during the discussion, the judge asked Raiford if he believed that his clients of color were offered worse plea deals because of their race.

Raiford responded, “Your honor, I think the DA’s office is systematically racist. And I think that the criminal justice system is systematically racist.”

Raiford specifically noted, though, that he was not accusing the individual prosecutors on his current case of doing anything inappropriate.

In an interview about Zappala’s email, Raiford said he has asked — weeks and months before he made his comments in Mariani’s courtroom — to meet with Zappala to talk to him about these issues. He said he got no response.

“I’d think he’d know my heart by now — particularly since I’ve never done anything but support him.”

Still, Raiford, who once served as headmaster for Imani Christian Academy in Pittsburgh, cited multiple studies that show that Black people in Pittsburgh have worse outcomes in terms of health and earning potential, he said, and many Black people are moving away because of it.

“The worst part of it is the criminal justice system,” Raiford said.

By refusing to negotiate in good faith with Raiford, Zappala is punishing his clients, Green, the Fordham law professor, said.

“It’s not equal treatment,” he said. “It’s undeniably harming the lawyer and their livelihood and deprives the clients of their right to counsel.”

There is precedent for a prosecutor being sanctioned for refusing to plea bargain with 15 separate defendants because he didn’t like their two defense attorneys.

The case, from 1976, resulted in the Oregon Supreme Court finding the behavior unethical and issuing a reprimand for the prosecutor.

“For the most part, you don’t hear of prosecutors doing this because they realize it’s unfair and unethical,” Green said.

Zappala could be subject to sanctions, and so, too, could any of the line prosecutors under him who follow his orders, he continued.

“If I were (Raiford), and I had a case, I would tell the judge no offer was made,” Green said. “I would move to disqualify the prosecutor’s office on the ground it was abusing its discretion.”

Allegheny County Criminal Court Administrative Judge Jill E. Rangos said she was unaware of Zappala’s email and could not comment on what Raiford said. Mariani also said he could not discuss the issue since Raiford’s comments were made as part of a case before him.

Frank Walker, a part of the Pittsburgh Black Lawyers Alliance, said that Raiford’s criticism of the DA’s office is not wrong.

“There’s been no response from that office at all. There’s been movement in social justice across the country.”

But for Zappala to respond by stopping plea offers to Raiford’s clients, Walker said, is “terribly disappointing,” “totally unprofessional” and “cowardly.”

“It shows the arrogance of his office that he can unilaterally take away due process.”

He said it also showed a lack of leadership.

“You’re going to take away the rights of someone simply because you don’t like their lawyer?” Walker asked. “Your job is to seek justice as a prosecutor.

“This is not your office. The office belongs to the people of Allegheny County.”

Pittsburgh attorney Turahn Jenkins, who ran against Zappala for district attorney in the 2019 Democratic primary, said that Allegheny County has fallen woefully short in systemic reform.

“There’s been no advancement whatsoever.”

But, he continued, Zappala should not have taken Raiford’s comments so personally.

“Justice shouldn’t be predicated on your dislike for a particular individual,” Jenkins said. “A lot of times, people take these conversations as a personal attack, but we’re just trying to shine a light on systemic problems that have existed for years.”

Instead of focusing on what people say, he said, it’s important to focus on where they’re coming from.

“Put yourself in the shoes of Milt’s clients — how do you think they feel?” Jenkins said. “All of us who are practitioners should take exception to that memo.”