Republican candidates for District Attorney lock horns on 'slush' fund
By BRENDA SOMMER news@journal-spectator.com

Two of the four candidates for Wharton County District Attorney had a chance to talk to voters during a round table with media on KULP 1390 AM recently.

The first of two such events featured Republican candidates for the job: incumbent DA Josh McCown and challenger Dawn Allison. A round table with Democratic DA candidates John Roades and John C. Maher Jr. was held this past week.

Each candidate was given the opportunity to make an opening and closing statement and all began with a quick biography of themselves, their families and their reasons for running.

Allison cited her seven years as a prosecutor at the Wharton County DA's office as well as her perspective as a criminal defense attorney, her work teaching law-related topics and the things she's learned in a variety of jurisdictions.

"There is a real need for change," she said.

McCown, who is seeking his fourth term as district attorney, talked about his deep roots in the community, his 17 years experience as a prosecutor and the achievements his office has made during his tenure.

"I brought this office from a very precarious position," into one of respect and cooperation from law enforcement agencies, he said.

Narcotics Task Force

The two candidates then answered a number of questions posed by Nason and Crabtree. The first regarded the DA's narcotics task force, an inter-agency group instituted and headed by McCown.

"I think we've actually made a dent in drug traffic as a result of it," he said.

Allison, however, said while she agrees a task force is "essential," she questioned its structure.

"The problem is, it's run by the district attorney," she said. "There's an inherent conflict there when the DA is involved in actual investigations."

Plea Bargains

Allison said the use of plea bargains is a reality because "you can't take every case to trial." However, she said stiff sentences given in cases that go to trial give criminals motivation to accept a plea bargain.

"You need to have the criminal scared," she said. She then chided McCown, saying only four cases were tried last year.

McCown said his office took on 700 felony cases last year, and 800 in the previous year, then reminded radio listeners his office is only given slots for 12 trials per year in the 329th District Court. He said his office has conducted lots of bench trials and jury trials, that plea bargain numbers are "substantially up," and that "it's very necessary to have the threat of trial."

Capital Cases

Both candidates were asked about how they'd make the decision whether to seek for the death penalty in a case, which costs a considerable amount of public money.

Allison said she doesn't recall a death penalty case coming to trial in the county in the last nine years, but believes asking that penalty in the upcoming trial of a game warden's alleged murderer is "appropriate." She added that now that Texas has a "life without parole" penalty, that may allow for more plea bargains in such cases.

McCown said he'd tried a death penalty case before, of a man executed last August. He said a recent moratorium on death penalty cases will no doubt end soon, and won't affect how he operates his office.

"We're going to proceed as usual," he said.

Forfeiture Fund

Perhaps the most contentious exchange between the two candidates came after Allison repeatedly referred to the District Attorney's asset forfeiture fund as the DA's "slush fund," terminology McCown deemed "certainly inappropriate."

Allison questioned how the money in the fund - which comes from cash and property seized from drug trafficking - is being spent, alleging it's used for staff lunches, parties and other uses she deemed inappropriate. She asked McCown why a private audit of the fund has not been performed.

McCown said the fund is audited annually by the county auditor, and that money received as part of federal seizures is audited by the federal government.

"Those reports are available to anyone who wants to look at them," he said.