CALIFORNIA ELECTIONS ATTORNEY GENERAL : Smith Goes for the Jugular in Vituperative Debate

The two Democratic contenders for state attorney general are both pro-choice, pro-death penalty, pro-environment and anti-drug.

But in the first head-to-head appearance here this week, San Francisco Dist. Atty. Arlo Smith cast aside the lack of differences on major issues and went for the jugular of his opponent, Los Angeles County Dist. Atty. Ira Reiner.

Speaking before about 100 members of the City Democratic Club, Smith, 62--who looks more like a bean counter than a street fighter--jabbed away at Reiner’s record, his style and his conduct in office.

Reiner, Smith told the capacity crowd, lacks integrity.

Reiner, Smith declared, lacks professionalism.

And Reiner, Smith told reporters afterward, is more interested in garnering publicity than in achieving results. He cited as examples Reiner’s public statements on such nationally visible cases as the McMartin Pre-School child molestation trial and the Zsa Zsa Gabor cop-slapping trial.

“My opponent has squandered his integrity as a lawyer to advance his political career,” the three-term San Francisco prosecutor concluded. “Mr. Reiner is a politician. I am a professional.”

Reiner, rarely at a loss for words, appeared taken aback by Smith’s aggressive debate style. He responded mainly by defending his record rather than hurling similar brickbats. But he did declare: “It is unfortunate that a person who seeks higher office sets forth as the reason . . . simply a personal attack on their opponent.

“I think most people are frankly disgusted by it.”

But Smith said he was “very, very pleased” by the confrontation. He said he looks forward to further debates, including one at the state Democratic convention in Los Angeles early next month. Reiner said he also stands ready for additional forums.

The vituperative rhetoric of this week’s debate adds further fuel to a race that has heated up in recent weeks. Last year, Smith, little-known outside the Bay Area, trailed Reiner badly in the polls, and the highly visible Los Angeles prosecutor was able to effectively ignore him.

That has changed, in large part, observers believe, because of the recent acquittals of defendants Ray and Peggy McMartin Buckey in the McMartin molestation case. One recent poll, in fact, placed Smith a percentage point ahead of Reiner with statewide voters.

During an audience question-and-answer period after the candidates’ opening statements Tuesday night, Reiner conceded that the McMartin case “has had a temporary effect.”

“I think it will be temporary,” he continued. “If I’m wrong, I’m wrong.”

The two-term Los Angeles prosecutor added that he has showed his professional mettle by having reached the controversial decision to retry Ray Buckey on several counts on which the jury could not come to a verdict. “It’s going to be tried and tried well,” he said.

Smith, for his part, questioned the decision by Reiner’s office to use a tainted jailhouse informant in the initial trial. The informant, George Freeman, had perjured himself in previous court appearances.

Citing a New York Times editorial, Smith asserted: “You think that I’ve been critical? I’m not critical. You know what the New York Times said? These are the reserved editors of the New York Times. They said that action on using that jailhouse informant was desperate and sleazy. Quote unquote.

“I’m very gentle,” Smith concluded, to loud laughter from the audience, which packed a meeting room of the San Francisco Press Club.

There were also fireworks over Reiner’s 1986 censure by the State Bar for violating conflict-of-interest rules while he served as Los Angeles city attorney. In that case, Reiner publicly criticized members of a secret Los Angeles Police Department intelligence unit while defending the city in a lawsuit alleging illegal spying by the unit.

“When I was working hand in hand with the police to drive the gangs out of San Francisco, my opponent was turning his back on police officers in order to get a 10-second sound bite on the evening news,” Smith asserted.

Reiner replied that he still believes he acted correctly in denouncing the excesses of the police spying unit. “I had a duty to the public, not the officials,” he said.

One of the few issues on which the pair differ is the so-called speedy trial initiative slated for the June ballot. Smith supports it. Reiner, agreeing with the position taken by gubernatorial candidate Atty. Gen. John K. Van de Kamp, said he fears the wording could eventually lead to restrictions in abortion rights. Reiner said he instead supports Van de Kamp’s efforts to place an alternative initiative on the November ballot that would be identical to the June one except to clarify the abortion question.

The winner of the Smith-Reiner primary will face uncontested Republican Dan Lungren in the fall election.

Smith said Tuesday night that he is not concerned about Lungren exploiting the Democrats’ demolition derby.

Citing his own basic agreement with Reiner on abortion rights and Lungren’s contrasting anti-abortion stance, Smith told reporters, “Mr. Lungren is so far out there on issues of choice it is just inconceivable any Democrats could support Mr. Lungren.”