TS - A blurring of lines?

A blurring of lines?
The Times-Standard EDITORIAL
Wednesday, May 25, 2005 - 6:13:23 AM PST

For many months, the District Attorney's Office has vociferously denied that there's any connection between the accusation case against Fortuna Councilwoman Debi August and the DA's assorted dust-ups with Palco.

But the court appearance this week of a longtime supporter of DA Paul Gallegos -- attorney Steve Schectman -- as part of the DA's team in bringing August to trial may just add more fuel to critics' fire.

Before going any further, let's be clear. This isn't about August, or Palco. It's not even about Schectman, an able attorney with a history of tangling with the timber company and who acted as a spoiler for the DA in PL's ill-fated attempt to recall Gallegos.

Rather, it's about appearances, perceptions and the nagging, troubling criticism that the DA's office would engage in some sort of vendetta, as some claim. We hope and trust that claim has no basis in reality. But those who feel otherwise are probably noting the following points with interest.

* Soon after taking office, the DA lodged a civil case against PL, alleging the company falsified information to get state approval of timber harvest plans; that case is still under way. Shortly afterward, PL helped bankroll a controversial recall against the DA.

* During that process, Debi August was highly critical of Gallegos. Later, after the councilwoman was accused by a grand jury of conflict of interest -- following her poorly thought out move of speaking on behalf of a subdivision before her own city's planning commission -- the DA's right-hand man Tim Stoen filed, at the grand jury's behest, an unusual action to have her removed from office. Stoen is also the point man for the case against Palco.

* Early this year, Steve Schectman, known as an ally of the DA and foe of PL, was brought on board as a volunteer prosecutor in the DA's case against the timber company; Schectman has had success in previous cases against PL.

* The move raised eyebrows, but was found to be perfectly legal. At the time, Gallegos -- denied extra funding by the county to pursue the case -- said that Schectman would provide the civil experience needed in the Palco lawsuit; no mention was made of Schectman working on any other cases.

* This week, Schectman appears in court with Stoen on the first day of the trial of Debi August, to work on jury questionnaires and other issues. Schectman, however, quickly withdraws from the case when Judge John Feeney is about to recuse himself, citing a bias challenge by Schectman against the judge in a former case.

We believe that the DA's office and its attorneys should approach each case impartially; to investigate and charge based on the facts, without even the hint of any other motivation in operating such a powerful agency.

There's no hard evidence that the popular yet controversial DA has done otherwise in its dealings with PL, August, the recall and related issues.

But the elected DA's position is a political one, and subject to perception and appearance. What appearance does it give to have Schectman, a sworn foe of PL, join as a volunteer in the public prosecution of a case where the timber company is a defendant?

And now, the volunteer attorney appears on behalf of the DA in the supposedly unrelated case against August -- a loud critic of the DA on issues related to Palco.

As we said in January in this space:

"Let's hope, for the sake of public confidence in the district attorney, that Gallegos doesn't end up with a staff of volunteers who are using his office to pursue their own agendas against Palco -- or anybody else."

We're still hoping, and trusting, that's the case.