CALIFORNIA ELECTIONS: THE AD CAMPAIGN

The race: Attorney general. Whose ad? Republican Dan Lungren.

The 30-second spot scores Democratic candidate Arlo Smith, the district attorney in San Francisco, for allowing businessman Donald E. Werby to plead guilty to four misdemeanors after being indicted on 22 felony drug, sex and bribery counts.

Elements of the Lungren ad, with an analysis by Times staff writer Paul Feldman:

Ad: “A grand jury indicted reputed billionaire Donald Werby for sexually molesting 13-year-old girls, providing crack cocaine to kids and attempted bribery.”

Analysis: Grand jury testimony accused Werby of picking up teen-age prostitutes in downtown San Francisco and taking them to his home, where the offenses were said to have taken place. Werby was also charged with trying to bribe one of the teen-agers who testified against him. As for Werby’s financial condition, he insists he is merely a millionaire.

Ad: “But San Francisco D.A. Arlo Smith allowed Werby to plea bargain. No jail, just some community service and a fine.”

Analysis: In a negotiated plea bargain approved last month, Werby pleaded guilty to misdemeanor counts of statutory rape and contributing to the delinquency of minors. In exchange for the plea, involving girls 15 to 17 years of age, a Municipal judge ordered 18 other counts dismissed and sentenced Werby to three years of probation. The judge also ordered Werby to undergo psychiatric counseling, perform nine months of community service and pay a $300,000 fine to a program aimed at aiding homeless youths.

Smith said the plea bargain was the best disposition of the case due to problems with evidence in the case.

Ad: “This, after Werby and his brother had given thousands to Smith’s political campaign.”

Analysis: Werby, his brother, Robert, and their firms donated $7,500 to Smith’s campaign for attorney general in early 1989. The Smith campaign eventually returned those contributions.