Rosenthal cites prescription drugs in decision to quit DA post
By BRIAN ROGERS and PEGGY O’HARE Copyright 2008 Houston Chronicle. Feb. 16, 2008, 12:32AM
Chuck Rosenthal’s decision marked a change of heart from his previous vows to finish out the remainder of his term even though he had abandoned his re-election plans because of the e-mail controversy.
End of the Rosenthal era
Nov. 7, 2000: Rosenthal wins a closer-than-expected election with 54 percent of the vote against Democrat James S. “Jim” Dougherty.
March 15, 2002: A Harris County jury sentences Clear Lake mom Andrea Yates to life in prison for drowning her children in a bathtub. Rosenthal’s office had sought the death penalty.
Jan. 17, 2003: Rosenthal announces plans to retest DNA evidence from hundreds of cases originally analyzed by the troubled Houston crime lab.
Jan. 23, 2003: Citing insufficient evidence, a Harris County judge tosses out an aggravated perjury charge filed by Rosenthal’s office against then-Police Chief C.O. Bradford.
March 26, 2003: Rosenthal personally argues in defense of Texas’ sodomy law before the U.S. Supreme Court. The performance, Rosenthal’s first before the nation’s highest court, leaves observers unimpressed and the court eventually threw out the law.
April 12, 2004: Harris County’s 22 criminal district judges ask Rosenthal to recuse himself from crime lab investigations. He refuses.
August 6, 2004: Rosenthal for the first time agrees to an independent investigation of Houston’s crime lab, days after new tests cast doubt on the rape conviction of George Rodriguez.
Nov. 2, 2004: Rosenthal wins a second term in office, defeating Democrat Reginald E. McKamie with 55 percent of the vote.
Oct. 3, 2007: Faced with DNA evidence that clears Ronald Gene Taylor of a rape for which he’d served 14 years in prison, Rosenthal agrees to seek his release.
Nov. 29, 2007: Attorney Lloyd Kelley asks a federal judge to hold Rosenthal in contempt for deleting e-mails that had been subpoenaed for a civil rights lawsuit.
Dec. 27, 2007: The Houston Chronicle reports the existence of affectionate e-mails from Rosenthal to his executive assistant, Kerry Stevens. The e-mails were mistakenly made public as part of Kelley’s lawsuit.
Dec. 30, 2007: Rosenthal defies calls from within his own Republican Party leadership to abort his re-election campaign.
Jan. 2, 2008: Rosenthal withdraws from the race.
Jan. 8, 2008: More of Rosenthal’s e-mails are made public. The e-mails contain racist comments, sexually explicit images and re-election campaign materials.
Jan. 9, 2008: County Attorney Mike Stafford asks the Texas Attorney General’s Office to investigate whether Rosenthal used county equipment to conduct campaign business.
Feb. 1, 2008: Testifying in his federal contempt hearing, Rosenthal acknowledges “errors” in previous sworn statements explaining his decision to delete e-mails. The judge then halts the hearing at Rosenthal’s lawyer’s request.
Feb. 15, 2008: Rosenthal resigns shortly after Kelley files a lawsuit seeking to remove him from office.
Source: Chronicle research
Chuck Rosenthal stepped down as Harris County district attorney Friday after six weeks of mounting pressure and intense scrutiny brought by the exposure of embarrassing e-mails that prompted calls for his resignation from all but his closest allies.
His announcement came just hours after his political enemy, attorney Lloyd Kelley, filed a lawsuit seeking to remove Rosenthal from office on the grounds of official misconduct, incompetency or intoxication.
Rosenthal’s decision marked a change of heart from his previous vows to finish out the remainder of his term even though he had abandoned his re-election plans because of the e-mail controversy. It was not immediately known Friday how quickly Gov. Rick Perry would appoint an interim replacement to lead the district attorney’s office until Rosenthal’s term expires Dec. 31.
Rosenthal, 62, said a combination of prescription drugs had impaired his judgment, and constant media coverage of his controversial e-mails — which included some sexually explicit and racist content, along with affectionate notes to his executive assistant — had taken its toll on his family.
“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.
“The federal court’s release of my private e-mails 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.”
Had denied rumors
As recently as 10 days ago, Rosenthal publicly denied having any problems with medication to deal with pain.
At a Feb. 5 meeting with about 20 of his upper echelon administrators, Rosenthal addressed “rumors that he was addicted to painkillers” that he had heard was going around, said Julian Ramirez, a division chief.
Rosenthal said he didn’t even take painkillers, Ramirez said. Ramirez said most experienced attorneys in the office were sorry to see Rosenthal leave under these circumstances.
“Chuck tried hard to make the office a nicer place to work,” Ramirez said.
Rosenthal, who had worked in the office for 31 years and was elected the county’s top prosecutor in November 2000, declined to comment further beyond his letter after answering the front door of his southwest Houston home Friday evening.
He was virtually assured of running unopposed in the Republican Party primary until six weeks ago, when a federal civil rights lawsuit filed against the county exposed his e-mails, including campaign activities he conducted in his office on county equipment last year.
Rosenthal’s resignation effectively ends an investigation launched by Texas Attorney General Greg Abbott last month into whether the district attorney violated state campaign laws.
Rosenthal’s resignation was applauded by county officials and others who had called for him to step down.
County Judge Ed Emmett said he was grateful Rosenthal chose to put Harris County’s interests above his own.
“It is a relief for the county and the district attorney’s office,” said Emmett, who said he was unaware of Rosenthal’s impairment by prescription drugs before Friday.
Rosenthal will technically remain the district attorney until the governor appoints a successor, County Attorney Mike Stafford said. Until then, state law calls for the office’s first assistant — Bert Graham — to take over Rosenthal’s duties.
Rival credits lawsuit
The governor’s office had not received Rosenthal’s resignation letter Friday afternoon and had no immediate plans to name a successor, spokeswoman Krista Piferrer said.
Kelley — who has been criticized for waging a political battle that some believe is prompted by his close friendship with former Houston Police Chief C.O. Bradford, the Democratic nominee for the district attorney’s race this November — said Rosenthal would not have stepped aside if not for the lawsuit seeking his removal.
“It’s a little late, but it’s a good thing,” Kelley said. “No one should be happy about today.”
Rosenthal’s rapid downfall began Nov. 29, when Kelley filed a motion seeking to hold him contempt of court for deleting more than 2,500 e-mails that had been subpoenaed in connection with a federal civil rights lawsuit. Brothers Erik and Sean Ibarra filed the lawsuit against Harris County, claiming sheriff’s deputies wrongfully arrested them and destroyed film in their camera six years ago after one of them photographed a deputy at a drug raid.
E-mails sparked firestorm
On Dec. 22, the federal court presiding over the Ibarras’ lawsuit mistakenly unsealed some of Rosenthal’s e-mails.
Rosenthal’s downslide continued when the federal court convened a hearing two weeks ago to determine if he should be held in contempt for deleting documents that had been subpoenaed. On Feb. 1, he testified that he made some “errors” in previous sworn explanations for why he deleted the e-mails, opening himself to a possible perjury charge.
His contempt hearing is set to resume Feb. 25, but may be delayed while the 5th Circuit Court of Appeals reviews whether U.S. District Judge Kenneth Hoyt should be recused from presiding over the Ibarras’ civil lawsuit.
Type of drugs a mystery
Rosenthal might have admitted pharmacological drugs impaired his judgment so he can raise involuntary intoxication as a possible defense if he is charged with perjury, Kelley said.
Involuntary intoxication — such as unawareness that a combination of drugs could have a certain effect — is a fact issue that can be considered by a jury in a perjury case, said attorney Pat McCann, president of the Harris County Criminal Lawyers Association.
“It is a circumstance that could make it difficult to prove you intended to lie,” McCann said.
What prescription drugs Rosenthal was taking — and where he got them — remains a mystery.
But his e-mails indicate he obtained some prescriptions from Sam Siegler, his personal physician and close friend, who is also the husband of Republican district attorney candidate Kelly Siegler.
In one e-mail last July, Rosenthal asked Sam Siegler to call in a prescription for sinus medication for Rosenthal’s executive assistant, Kerry Stevens.
In a follow-up e-mail to Stevens, Rosenthal wrote that he’d spoken with one of Siegler’s nurses. “I didn’t feel good asking her about Ambien. Sam wasn’t there,” Rosenthal wrote. Ambien is a prescription sleeping pill.
Siegler did not respond to requests for comment Friday.
The removal lawsuit that Kelley filed on behalf of Erik Ibarra in state District Judge Martha Hill Jamison’s court Friday did not mention prescription drugs, but alleged Rosenthal consumed alcohol at the office while performing his duties from 2001 to 2007.
The lawsuit did not cite specific instances, and Kelley would not elaborate on what evidence he had to support that claim.
Mounting legal bills
Though Rosenthal may be gone, his legal bills have not stopped. On Tuesday, the Harris County Commissioners Court will consider paying an outside law firm an additional $77,000 to defend him, Graham and Assistant District Attorney Scott Durfee in the Ibarra lawsuit. That would be in addition to $50,000 already approved by the court.
Meanwhile, Kelley said he will go forward with the other part of his removal petition seeking to expel Sheriff Tommy Thomas from office.
The lawsuit accuses Thomas of incompetency and misconduct, alleging he accepted benefits for his ranch from county vendors, failed to investigate the crimes and civil rights violations reported by the Ibarra brothers and gained “special advantage” for his son, Brent Thomas, when the younger man was arrested last year for possession of cocaine.
The sheriff declined to comment Friday.