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The Dallas Morning News

Peggy Fikac

Associated Press; 10-24-1996

 

Facing opposition, Travis DA defends record:

Earle denies abuse of power, partisanship

AUSTIN - When Travis County District Attorney Ronnie Earle talks about his first contested election race in two decades, it sounds more like a B movie than a political yarn.

A starring role goes to U.S. Sen. Kay Bailey Hutchison, R-Texas, whom Mr. Earle unsuccessfully prosecuted in 1994 on allegations that she misused her previous office as Texas state treasurer.

"The attack of the 50-foot cheerleader isn't over yet," Mr. Earle told supporters recently as he battled Republican candidate Shane Phelps.

Ms. Hutchison, once a University of Texas cheerleader, hasn't campaigned for Mr. Phelps. But she says Austin voters should elect someone with the "highest integrity" because the county district attorney has jurisdiction over elected state officials.

"Ronnie Earle's record is spotted with controversy, allegations of misuse of power and corruption," she charged. "This should not be tolerated in a prosecutor with such awesome responsibility."

Mr. Earle, 54, a Democrat, defends his record as nonpartisan. He prosecuted Ms. Hutchison through his state-funded Public Integrity Unit, which pursues alleged ethics violations by state officials.

"I have prosecuted 12 elected officials. . . . Eight Democrats and four Republicans," he said. "I have believed deeply in nonpartisan performance of my duties."

Among targets of Mr. Earle's prosecutions were a Democratic state supreme court justice, a Democratic state treasurer, state legislators of both parties and a Democratic speaker of the Texas House.

The former speaker, Gib Lewis, pleaded no contest in 1992 to a misdemeanor ethics charge and retired from office. He is among Mr. Phelps' donors, having given the Republican $500.

In 1993, following her election to the Senate, Mr. Earle accused Ms. Hutchison of having used treasurer's office resources for political ends.

The senator was acquitted when Mr. Earle refused to go forward at the trial after questions arose about whether he could use evidence seized in a raid on the Treasury. GOP leaders charged that Mr. Earle was waging political warfare.

Ms. Hutchison, who maintained her innocence throughout, said in a post-trial interview that Mr. Earle gave up because he had no evidence. "The man didn't have a case, and he knew he didn't and he decided not to proceed," she said.

This is the district attorney's first race since that ill-fated prosecution. It's also the first time he's faced an opponent since his 1976 election.

"I think it's pretty clear that I wouldn't have an opponent had I not done my job and prosecuted Sen. Hutchison," Mr. Earle said in a recent radio forum.

Later, in an interview, he amended that: "I think it's clear that I would not have such a well funded opponent."

Mr. Earle points to $83,072 in contributions Mr. Phelps received from the Associated Republicans of Texas, a group that contributes to GOP candidates in state legislative and county races.

"Nobody contributes that much money just because they're mad. They have some other agenda," Mr. Earle said. "There are elements within the Republican Party who want to take over this office and use its power to dictate political outcomes, particularly in the Capitol, in the Legislature."

Campaign finance records show that Mr. Phelps has raised at least $165,000 and Mr. Earle at least $156,245. Among Mr. Earle's donors are lobbyists, lawyers and Democratic Lt. Gov. Bob Bullock.

A large donor to the Associated Republicans is the Friends of Susan Combs campaign, which gave $20,000 in January. Ms. Combs resigned her Texas House seat earlier this year to become Ms. Hutchison's state director. She didn't return calls from The Associated Press.

The Associated Republicans' executive director, Norman Newton, said Ms. Combs was closing out her legislative campaign account and that she didn't direct how the donation should be spent.

"We felt like what was done to Sen. Kay Bailey Hutchison was an anathema," said Mr. Newton, calling Mr. Earle "extremely partisan."

"Our leadership decided that we needed to go ahead and, whether we win or lose on this race, we had to send a signal to everybody, " he said.

Mr. Phelps said Mr. Earle's controversial handling of Ms. Hutchison' s case provided a "window of opportunity" to challenge the incumbent.

"I was outraged by it," said Mr. Phelps, 39, a former Houston assistant district attorney who joined the state attorney general's office in 1990. He quit his state job to run against Mr. Earle.

"It was just an astonishing thing that we have in our community a district attorney who so irresponsibly abuses the power that a prosecutor has," said Mr. Phelps. "It was a national embarrassment."

Mr. Earle says such controversy comes with the territory when prosecuting elected officials.

 

© 1996 The Dallas Morning News All Rights Reserved

Peggy Fikac / Associated Press, Facing opposition, Travis DA defends record: Earle denies abuseof power, partisanship. , The Dallas Morning News, 10-24-1996, pp 18A.