High-ranking prosecutors ditch masks in Queens DA’s office
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Queens District Attorney’s Office Criminal Court Unit Chief Kevin Fogarty attended a virtual court conference without a mask while inside the Queens DA’s offices last month. Image obtained by the Eagle
By David Brand
A wave of new COVID-19 cases has hit the Queens District Attorney’s Office, but that hasn’t stopped high-ranking prosecutors from ditching masks inside the Queens Criminal Court building and adjacent offices, according to staff and defense attorneys.
Screenshots of virtual court proceedings obtained by the Eagle show one top official, Criminal Court Unit Chief Kevin Fogarty, appearing maskless last month during virtual court conferences inside his office, while at least one other masked assistant district attorney stood nearby. Fogarty again appeared maskless during virtual conferences while sitting near another staffer on Nov. 17, according to an email shared among public defenders.
Another veteran prosecutor, Felony Trial Bureau Four Unit Chief Neil Gitin, has also appeared without a mask during at least two virtual proceedings, including one where a screenshot shared with the Eagle shows him talking to a person off camera.
Some Queens prosecutors say a few colleagues, particularly supervisors, have created dangerous conditions in the offices since staff returned for in-person work in mid-October.
“There are definitely employees that think masks are taking away their freedom and that COVID is a liberal conspiracy,” said one Queens prosecutor who asked to remain anonymous to speak freely about the office.
Lower-level staffers are worried about the career consequences if they complain about COVID risks in the office, according to another prosecutor who also asked to remain anonymous.
“Some ADAs are concerned about being perceived to be difficult so they just go ahead with working in unsafe conditions,” the prosecutor said.
Several prosecutors in Queens have tested positive for COVID-19 in recent weeks, the Eagle has reported. Another four staff members tested positive on Sunday and Monday, Patch reported.
Veteran ADA Neil Gitin talks with another person off-camera during a virtual court conference from inside one of the Queens DA’s offices last month. He did not wear a mask. image obtained by the eagle
The latest wave of positive cases prompted Queens DA Melinda Katz to order the office to operate at 25 percent in-person capacity from Nov. 23 until the end of the year, according to an email sent to prosecutors and staff by Chief of Staff Camille Chin-Kee-Fatt Monday.
One Queens prosecutor questioned why Katz is waiting another week to reduce capacity when new COVID cases have occurred in various offices.
“Why is it that if COVID is widespread and not centralized to one office that we are delaying reduction to next week,” they asked.
Gitin and Fogarty did not respond to requests for comment. Katz, the Queens DA, did not respond to an email or phone call.
The Office of Court Administration on Friday suspended all new jury trials and grand juries as a result of the statewide spike in new COVID cases.
Despite concerns about COVID spreading, people are not necessarily required to wear masks inside courthouses unless they are in a public area, like hallways or courtrooms, said Office of Court Administration spokesperson Lucian Chalfen.
“Everyone entering a courthouse, judge, non-judicial employee, law enforcement and litigants all must wear a mask and they must keep it on in any public area of the courthouse,” Chalfen said. “Court proceedings, trials and grand juries also require all participants to wear a mask.”
“Individuals in private offices can make their own determinations,” he added.
