D.A.’s Race Creates an Office Civil War

In his 23 years as an Orange County prosecutor, Bill Feccia has seen elections come and go, along with the ever-changing tides of office politics.

But this year’s campaign for district attorney is different. This time, things are getting personal.

Veteran prosecutor Wallace Wade is challenging his boss, Dist. Atty. Tony Rackauckas, in a campaign that’s led to shouting matches at union meetings, a lawsuit and accusations of computer eavesdropping and stolen garbage.

It’s a campaign some veterans are calling the nastiest in the history of the office, a campaign that’s turned friends against each other and left employees wondering whether they’ll face retribution if their candidate loses.

“I’ve been losing sleep for a year,� said Feccia, an assistant district attorney and Rackauckas supporter. “I’ve lost friends over this, good friends that I’ve had for years.�

Wade’s campaign is focused almost exclusively on allegations that Rackauckas abused his authority for political gain during his first three years in office. Rackauckas’ campaign has raised questions about Wade’s record and whether he has the skills to run the district attorney’s office.

Rackauckas beat Wade four years ago by a wide margin, entering office with broad support from prosecutors in the office as well as Republican and Democratic party figures. But it didn’t take long for some vocal prosecutors to become disenchanted with Rackauckas, whom they accuse of putting politics above justice.

The incident that’s attracted the most attention is Rackauckas’ involvement in a consumer-protection case involving businessman and now Ambassador to Spain George Argyros, whose apartment company donated $1,000 to Rackauckas’ 1998 campaign.

Rackauckas ordered prosecutors to withdraw a lawsuit against the company, accused of unfairly keeping security deposits from thousands of tenants, and then took over negotiations himself. After critics faulted his actions, Rackauckas handed the case over to the state attorney general.

Personnel issues have also attracted attention. Last year, Rackauckas fired veteran homicide prosecutor Mike Jacobs, one of his biggest critics. Jacobs said Rackauckas was retaliating against him. The district attorney also suspended two investigators who questioned his intervention in a case that involved another of Rackauckas’ campaign contributors. Rackauckas accused the investigators of stealing office documents but no criminal charges were filed.

Some Staff Join Wade; Some Stick With D.A.

The allegations eventually attracted the attention of an Orange County Grand Jury committee, which typically drafts reports about the justice system for the Board of Supervisors. And several of Rackauckas’ top assistants left the office and joined Wade’s campaign.

“As prosecutors, there are certain lines we just don’t cross and he’s crossed every one of them,� said Christopher Evans, a former top assistant to Rackauckas, who left the office and is supporting Wade. “There shouldn’t be one prosecutor left standing on his side.�

But there are. Many in the office say the allegations have been blown out of proportion, that Rackauckas is a fair prosecutor who’s being attacked by malcontents upset over lost promotions.

“I have to admit, I hold some resentment. I think there’s been some exploitation, bitterness about not getting promotions,� said Feccia, who is backing Rackauckas. “It’s turned into an exaggeration, vitriolic attacks. It’s very sad. It makes it very difficult for many, including myself, to go to work.�

Wade did win the endorsement of the county prosecutors association, which never before had supported a challenger to a seated district attorney.

Still, with only a few weeks before the March 5 election, it remains unclear whether Wade can raise the money he needs to get his message to voters. Wade had raised less than half the $200,000 Rackauckas had through the last reporting period.

Michael Schroeder, the former state Republican party leader who’s running Rackauckas’ campaign, said he believes Wade’s negative campaign will backfire.

“He doesn’t have any issues at all, other than making false charges against Tony,� Schroeder said. Wade won a significant victory this month when the prosecutors association agreed, after a debate that ended up in court, to spend $50,000 promoting Wade’s campaign.

“This guy [now] has money. He has endorsements. He has issues. It’s a campaign that has real traction,� said Fred Smoller, chairman of the political science department at Chapman University in Orange. “If I were Rackauckas, I’d be quaking in my boots.�

Rackauckas said he has little reason to be concerned. He said he believes the county’s voters will reelect him for making good on his promises to reduce gang crime, increase child-support collection and beef up enforcement of environmental-protection laws.

When he took office, Rackauckas killed a longtime ban on prosecutors participating in plea bargains. During his first three years, the number of plea bargains in three-strikes cases rose while the number of repeat offenders sentenced to the maximum 25 years to life in prison declined significantly.

Rackauckas supporters said the trends show the district attorney is taking more care to make sure punishment fits the crime when it comes to repeat offenders. But Wade believes Rackauckas’ policies violate the three-strikes law, designed to stiffen sentences for repeat criminals.

Wade said integrity is the main issue in the campaign and that Rackauckas’ controversies will come back to haunt him.

“If people read the newspapers and study the issues, I’ll win,� Wade said. “I’m convinced of that.�

Some political consultants said the candidates could be headed for a photo finish, perhaps with an edge to the incumbent.

“I think it’s probably going to be closer than anyone imagined,� said Irvine political consultant Scott Hart. “But I think Tony will win. Wade would have to have something more than these little improprieties.�