12.03.08
express your outrage to Rosenthal’s exoneration
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713-755-5800 Administration
DISTRICT ATTORNEY
HARRIS COUNTY, TEXAS
Dec. 2, 2008
Public Information Office
713-755-3320
Donna Hawkins
George Flynn
Investigation Indicates Further Action Unwarranted for Former DA
(Houston Tx) — Harris County District Attorney Kenneth Magidson has ended an eight-month investigation of former DA Chuck Rosenthal with the finding that there is insufficient evidence to seek prosecution.
Magidson advised Eric J.R. Nichols, Deputy Texas Attorney General for Criminal Justice, of his decision in a Dec. 2 letter.
“After a careful and independent review of this matter, I have determined that there is insufficient evidence for prosecution,” Magidson stated.
To avoid any conflicts of interest, the District Attorney in April accepted an offer by the Texas Attorney General’s Office to assist in the investigation. It focused on whether there was prosecutable criminal misconduct in Rosenthal’s use of government resources, including office e-mails relating to political activities. Rosenthal resigned as District Attorney last February.
In the Dec. 2 letter, Magidson commended Nichols and Texas Attorney General Greg Abbott for the assistance, “hard work and wise counsel” provided by the AG’s staff during the investigation.
(End)
Rosenthal won’t be charged
‘Insufficient evidence’ cited in former DA’s case
By BRIAN ROGERS
Copyright 2008 Houston
Dec. 2, 2008, 11:18PM
Former Harris County District Attorney Chuck Rosenthal will not face criminal charges after an investigation into his use of government resources determined that not enough evidence existed for prosecution, his appointed successor said Tuesday.
An eight-month investigation focused on whether Rosenthal’s actions, including use of office e-mails, were related to political activities. Using government equipment for political campaigns is a crime.
"After a careful and independent review of this matter, I have determined that there is insufficient evidence for prosecution," Interim District Attorney Ken Magidson said.
The declaration effectively ends any possibility of charges for Rosenthal’s actions during the downward spiral of his last months in office.
Rosenthal declined to comment on the development.
The former DA’s troubles began last December when e-mails, subpoenaed in a federal civil rights case, surfaced, showing Rosenthal had a romantic relationship with his executive assistant.
Other e-mails included pornographic and racist "jokes" and pictures, as well as messages to his staff and political consultant seeking information and assistance on his political campaign.
Rosenthal also deleted thousands of e-mails that had been subpoenaed and was fined $18,900 after a federal judge found him in contempt of court.
Rosenthal resigned in February, citing judgment problems from prescription medication. In a deal with the Texas Attorney General’s Office, an earlier investigation was dropped when Rosenthal resigned.
In March, Magidson accepted the attorney general’s office offer of help and began an investigation into whether Rosenthal should be indicted. That inquiry ended Tuesday.
Magidson served out the rest of Rosenthal’s term. Voters last month elected Republican Pat Lykos to serve as district attorney beginning in January.
