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E-Mails Sealed Amid Allegations Against District Attorney

By Stephen Dean

POSTED: Thursday, December 27, 2007
UPDATED: 11:01 am CST December 28, 2007

A federal judge has sealed hundreds of e-mails written by Harris County District Attorney Chuck Rosenthal, Local 2 Investigates reported Thursday.

Attorneys in a civil rights lawsuit against Harris County sheriff's deputies are accusing the county's top prosecutor of withholding those e-mails and other evidence in their case.

In court filings obtained by Local 2 Investigates, they claim Rosenthal is trying to cover up his "bad boy behavior" and a "I'll watch your back if you watch mine" relationship between the D.A. and the sheriff.

"Why isn't he checking Sheriff Tommy Thomas and some of his policies?" said Attorney David Tang, who is opposing the county. "If he's left unchecked, then he has carte blanche to do whatever he wants, and do we want that type of government?"

In court filings and testimony in court on Thursday, lawyers fought for release of e-mails involving Rosenthal's extra-marital affair with his $70,000 per year secretary, who drives a county car.

Rosenthal would not answer questions about that affair from Local 2 Investigates, saying only, "That was a long time ago."

Lawyers also told the judge there are e-mails in which Rosenthal discussed fixing a ticket for a Louisiana district attorney's son.

Rosenthal told KPRC Local 2 there are no e-mails back and forth on that issue. He said, "He called me and asked me to fix a ticket for his son. I didn't do it. I slammed the phone down on him."

The e-mail controversy was started by Tang's partner, former Houston city councilman and city controller Lloyd Kelley, who is aligned with a potential opponent of Rosenthal's in next year's election.

That opponent, former Houston Police Chief Clarence O. Bradford, denies having anything to do with leaking the e-mails, and Tang insisted, "I have no knowledge of our office leaking anything to embarrass anybody."

In court filings, Kelley wrote that Rosenthal had withheld the e-mails to hide his "immoral behavior" and potential crimes.

He urged U.S. Dist. Judge Kenneth Hoyt to hold Rosenthal in contempt, but the judge declined to do so. The judge ruled the 200 e-mails in question would now be sealed, and only released if he reviews them and finds they are relevant in the civil rights lawsuit.

That suit accuses Harris County sheriff's deputies of yelling racial slurs as they threatened to shoot to death a man who was videotaping their raid of a nearby home in 2004. That man, Erik Adam Ibarra, was arrested and his lawyers claim Rosenthal refused to investigate the alleged wrongdoing by deputies, despite numerous requests to do so.

That case is set for trial in January.

Rosenthal argued that his e-mails are privileged because they contain dialogue between friends, campaign issues, jokes, and fantasy football.

Lawyers in the civil rights case say there is no "embarrassment" exemption that allows county employee e-mails to be withheld simply because they are embarrassing.

The judge ruled that only e-mails related to the civil rights case would be allowed as public exhibits in the trial.

On Friday, Rosenthal released the following statement.

"Recently some Harris County District Attorney inner office e-mails have been released in the media. I understand that I have said some things that have caused pain and difficulty for my family, my coworkers and friends. I deeply regret having said those things. Moreover, I am sorry for the problems I have caused anyone. I also understand that sometimes things happen for a purpose. This event has served as a wake-up call to me to get my house in order both literally and figuratively."
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