in Houston, Texas
No criminal charges for ex-DA Rosenthal; current DA cites 'insufficient evidence'
Tuesday, Dec 02, 2008, 02:55PM CST
By Jennifer Peebles
The former district attorney of Harris County who left office earlier this year after pornographic and racist e-mails were found on his computer will not be prosecuted criminally for those and other forms of misconduct, Harris County's current DA announced this afternoon.

Interim DA Kenneth Magidson says there is insufficient evidence to prosecute Chuck Rosenthal.

Magidson was appointed to the interim post after Rosenthal left office in Feburary. A new, permanent DA, Pat Lykos, will take office next month after beating former Houston Police Chief C.O. Bradford in the Nov. 4 election.

Here's the complete text of the press release from Magidson's office:

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)



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