So it looks like our friend Steve Hall is having a busy day down in Texas. Now we get news that Chuck Rosenthal -- who has been the leading district attorney in the U.S. in terms of seeking and getting the death penalty -- has resigned from office.
Tut-tut.
We'll let this Houston Chronicle story speak for itself.
Rosenthal resigns as district attorney amid e-mail scandal
By PEGGY O'HARE
Copyright 2008 Houston Chronicle
Chuck Rosenthal resigned as district attorney today amid an e-mail scandal that recently forced him to abandon his re-election campaign and a lawsuit filed today that sought his removal from office.
Bill Delmore, chief of the D.A.'s legal services bureau, which oversees the general counsel's office, confirmed that Rosenthal issued a press release in which he says he contacted the Governor's office to tender his resignation.
"Although I have enjoyed excellent medical and pharmacological treatment, I have come to learn that the particular combination of drugs prescribed for me in the past has caused some impairment in my judgment," Rosenthal wrote in his resignation letter.
Rosenthal declined to comment.
His decision to resigns caps several weeks of intense scrutiny of the district's attorney's office and follows the filing of a lawsuit today against him and Harris County Sheriff Tommy Thomas.
That lawsuit, filed by attorney Lloyd Kelley, sought Rosenthal and Thomas'
removal from office. State law allows for an elected official on any of three grounds - official misconduct, incompetency or intoxication on or off duty - and Kelley says Rosenthal is guilty of all three.
The lawsuit accuses Thomas of incompetency and misconduct.
Sheriff's spokesman Capt. John Martin said Sheriff Tommy Thomas is not in the office today. "No one has seen the petition," he said, "and without knowing the allegations, it's hard to comment."
Rosenthal's decision to step down came just a short time after the filing of Kelley's lawsuit.
"My decision to retire from office was precipitated by a number of things, ''Rosenthal wrote. "The federal court's release of my private emails around Christmas of last year brought a lot to bear on my wife and children.''
"I am hopeful that, in my retirement, the media will accord my family the privacy we need to heal.''
Meanwhile, Sheriff's spokesman Capt. John Martin said Sheriff Tommy Thomas was not in the office today and could not comment on Kelley's lawsuit. "No one has seen the petition," he said, "and without knowing the allegations, it's hard to comment."
Attorney Lloyd Kelley's lawsuit requests jury trials to determine whether Rosenthal and Thomas should be forced out. State law allows for removing an elected official on any of three grounds - official misconduct, incompetency or intoxication on or off duty - and Kelley says Rosenthal is guilty of all three.
The lawsuit accuses Thomas of incompetency and misconduct. Kelley is also asking a judge to temporarily remove Rosenthal and Thomas pending the outcome of the trial. If a judge agrees, the judge would then appoint temporary replacements.
Kelley filed today's lawsuit on behalf of Erik Ibarra, one of two brothers Kelley represents in a federal lawsuit against Harris County, the sheriff and four deputies that led to the disclosure of Rosenthal's e-mails in late December. The scandal surrounding the e-mails - which contained racist comments, sexually explicit videos, love notes to his administrative assistant and re-election campaign materials - caused Rosenthal to end his political campaign.
The lawsuit states Rosenthal showed a "lack of judgment" through his e-mails and by giving his assistant, Kerry Stevens, an $11,000 raise last month. The lawsuit also alleges Rosenthal consumed alcohol at the office while performing his duties from 2001 to 2007 but doesn't cite specific instances.
The lawsuit alleges Thomas accepted benefits for his ranch from county vendors. Kelley says the sheriff took free or below-market price services from architects doing business with the county.
The lawsuit also says Thomas failed to investigate the crimes and civil rights violations reported by Erik and Sean Ibarra, who have accused his deputies of illegally arresting them and destroying their camera equipment after a 2002 drug raid at their neighbor's home.
The lawsuit states Thomas "gained special advantage" last year for his son Brent Thomas, who was arrested for possession of cocaine. Brent Thomas was given deferred adjudication and ordered to pay a $500 fine, the lawsuit states.
Kelley also is seeking to have Rosenthal held in contempt of court for deleting e-mails that had been subpoenaed in the federal lawsuit.
Last month, County Attorney Mike Stafford asked the Texas Attorney General to investigate Rosenthal's use of county computer equipment to conduct campaign business. That investigation is ongoing.
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Chronicle reporter Allan Turner contributed to this story.
peggy.ohare@chron.com
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One Texas DA Candidate: "I would not seek death penalty"
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Rick Reed said he would not seek the death penalty under any circumstances. Reed also said he wouldn't seek death warrants for the five condemned killers already on death row from Travis County. Death warrants, issued by a trial court at a prosecutor's request when the killer's appeals have run out, set dates of execution.
"I believe it is a mistake ... to seek the death penalty," said Reed, citing his moral opposition and the cost of prosecuting such cases.
The candidates spoke at a forum that drew about 50 people to Gene's New Orleans Style Poboys & Deli, a restaurant on East 11th Street. The gathering was sponsored by the Texas Moratorium Network, which advocates a death penalty moratorium in the state, and the Austin chapter of the American Civil Liberties Union.
The candidates are running in the March 4 Democratic primary. Because there is no Republican candidate, the winner of the primary is expected to become the next top prosecutor in Travis and have the sole discretion on whether or not to seek the death penalty.
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