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District Attorney Chuck Rosenthal Resigns

POSTED: Friday, February 15, 2008
UPDATED: 5:44 pm CST February 15, 2008

After weeks of pressure, Harris County District Attorney Chuck Rosenthal resigned Friday amid a scandal involving romantic, pornographic and racist e-mails found on his county computer, KPRC Local 2 reported.

Rosenthal, 62, cited a number of reasons, including impaired judgment.

"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. This position is much too important for anyone to be less than their best. I am currently in a different regimen of therapy from different health care professionals and am looking forward to concentrating on the restoration of my health," Rosenthal said in his resignation letter.


Survey: Should Rosenthal Have Resigned?

Attorney Lloyd Kelley subpoenaed Rosenthal's e-mails as part of a lawsuit brothers Erik and Sean Ibarra filed against Harris County Sheriff Tommy Thomas.

The brothers claim sheriff's deputies beat them while they tried to photograph a drug raid at a neighbor's home in 2002.

Rosenthal's e-mails, which were released to the public, contained romantic messages to his assistant, with whom he once had an affair in the '80s.

The e-mails also contained racist messages, including a photograph of a black man lying on the ground with watermelon and a bucket of chicken surrounding him. The caption on the photograph read "fatal overdose."

Rosenthal told a federal judge that he deleted about 2,500 e-mails that had been subpoenaed, claiming he thought they were backed up elsewhere.

Rosenthal was not available for comment on Friday.

The Office of the Attorney General said Rosenthal's resignation means the state's investigation into his e-mail scandal is over.

"With the Harris County District Attorney's resignation, Charles Rosenthal, Jr. no longer holds office, thus removal proceedings against him have concluded as a matter of law. To the extent further assistance is needed by local authorities, the Office of the Attorney General is prepared to provide it. Under Texas law, the jurisdiction to further pursue related matters lies with the Harris County District Attorney's Office," Jerry Strickland said.

Reaction To Resignation

Rosenthal's resignation came the same day Kelley filed a lawsuit to remove him from office. Kelley claimed Rosenthal has a drinking problem that affected his performance as district attorney.

"What else could he do? It was a matter of time before I was going to get to question him again. And either he was going to commit, lock himself into a position where he had no out over defense to the perjury -- the only defense left was intoxication -- or he was going to come over here and admit what? Yes, I am a drunk," Kelley said.

There has been no evidence presented in or out of court that Rosenthal has a drinking problem.

Several groups, including the National Association for the Advancement of Colored People and the Houston Ministers Against Crime, called for Rosenthal's resignation for the past several weeks.

The Harris County Republican Party said the resignation was in the best interest of the public and the district attorney's office.

"It's about time. They're being tainted because of his conduct," said Jared Woodfill with the Harris County Republican Party. "This should have been done weeks ago. And unfortunately, it took a whole lot of people putting pressure on him."

Rosenthal withdrew his candidacy for re-election in early January. Assistant District Attorney Kelly Siegler and four others have filed to run for the Republican nomination. Former Houston Police Chief C.O. Bradford is the lone Democratic candidate.

"I find the personal use of government property by government officials, including computers and e-mail, to be totally inappropriate. And there is no place in the District Attorney's Office for racism or belittling of women," Bradford said.

Siegler had also called for Rosenthal's resignation.

City leaders were quick to react to the sudden announcement.

"I’m sure Mr. Rosenthal has made many positive contributions to the Criminal Justice System of Harris County. We all need to consider that none of us is perfect. At times, individuals may have a lapse in judgment and do things that they sincerely regret. I wish Mr. Rosenthal good health and good luck in all his future endeavors," Houston Police Chief Harold Hurtt said.

"Although I truly appreciate Mr. Rosenthal's years of service as a Harris County prosecutor and district attorney, I am grateful that he has chosen today to put the interests of Harris County above his own. With the recent distractions surrounding Mr. Rosenthal now removed, the Harris County District Attorney's Office can return to its mission of seeking impartial justice on behalf of all our residents," Harris County Judge Ed Emmett said.

The governor will name Rosenthal's temporary replacement until voters elect a new district attorney in November. The most likely temporary replacement is first assistant Bert Graham, according to insiders.

Rosenthal repeatedly said he would not resign because he did nothing wrong.

He became district attorney in 2001 after spending his entire career in the Harris County District Attorney's Office.

Chuck Rosenthal's Resignation Letter

"Today, I wrote Governor Perry and tendered my resignation as Harris County District Attorney.

My decision to retire from office was precipitated by a number of things.

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 have been trying to restore my family as a unit, but the constant media pressure has made that restoration more difficult. I am hopeful that, in my retirement, the media will accord my family the privacy we need to heal.

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. This position is much too important for anyone to be less than their best. I am currently in a different regimen of therapy from different health care professionals and am looking forward to concentrating on the restoration of my health.

The Texas Attorney General's office has informed my attorney that they will not proceed with a removal action if I resign. Without commenting on the merits of any case the Attorney General may have pursued, to have yet another controversy surround this office is intolerable to me.

I am extremely proud of the work that the ladies and gentlemen of this office do for the citizens of Harris County. They have too many cases, are under compensated, and are often unfairly criticized for the hard decisions they make in fulfilling their mandate to see that justice is done.

The residents of Harris County need to appreciate the great work these folks do. As the saying goes, 'If I were asked to lead a charge on Hell, I'd want these people in my ranks.'"

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