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Any of These Can Make a Good Case

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With the primary nearly a year away, next year’s district attorney race is already proving to be an embarrassment of riches. I might need to take a coin to flip in the voting booth.

One sure candidate is Superior Court Judge Anthony J. Rackauckas Jr. A few years back, he was just about the best prosecutor I ever saw. You’d never cast him in any of today’s Hollywood courtroom scenes. Rackauckas follows the Spencer Tracy school: Every line to the jury so underplayed that it comes across with raw power.

Also running is Assistant Dist. Atty. Brent Romney. A brilliant attorney, Romney may be the nicest fellow this side of Will Rogers. I’ve never talked to anyone who didn’t like Romney. And if I ever did, I’d probably wonder what that person’s problem was.

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A third factor could be Assistant Dist. Atty. Wallace J. Wade. He’s the only top supervisor in the office who hasn’t ruled out the idea of running. He’s not ready to discuss his plans, he said.

But the most talked about name in this race will be the current D.A., Michael R. Capizzi, who isn’t even a candidate. Capizzi is busy making plans to run for state attorney general instead, though he hasn’t formally announced he will.

But the boundary lines are already drawn: Capizzi fans will likely vote for Romney (or Wade). Anti-Capizzi forces will support Judge Rackauckas. He was never a Capizzi lieutenant during his 16 years as deputy district attorney. And he’s already been outspoken in criticizing the current operation of the D.A.’s office.

The district attorney’s post is listed as nonpartisan on the ballot. But some local Republican leaders are upset that Capizzi has chosen to prosecute several political fraud cases related to the special assembly election won by Scott Baugh (R-Huntington Beach) two years ago. Baugh himself still faces felony and misdemeanor charges of violating state election laws. To add to the scenario, Romney is prosecuting that case himself.

Whatever the defenses of or attacks on Capizzi, most interesting to me will be what Romney and Rackauckas have to say about each other during the campaign: They are not only former colleagues, they happen to be good friends.

“I have enormous respect for Tony,” Romney told me in a recent interview. “Knowing him as I do, I don’t have any doubt that he will run a clean campaign.”

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Rackauckas says much the same: “Brent and I got along great when I was in the district attorney’s office. But I’m not sure anyone who is working there now can make the kind of changes it needs.”

Rackauckas talks about reallocating resources as district attorney. He also believes many of the front-line deputy prosecutors will support him, because they are unhappy with Capizzi’s operation of the office. Romney says the opposite, that most are pro-Capizzi and will back Romney.

But Romney’s support will split somewhat if Wade enters the race. And Rackauckas has a disadvantage of his own: As a sitting judge, he cannot criticize the filing of any cases pending in court--such as the Baugh case--even if they are not in his courtroom. Also, he will have to take a leave of absence next year to run for the position, so the campaign could be costly for him.

Capizzi won’t be the only issue: Romney says he has his own ideas on how to run the prosecutor’s office, and they don’t all coincide with his boss’. And Rackauckas brings a lot more to the table than just his anti-Capizzi talk. But you’re going to hear the word “independence” a lot during this election.

“It boils down to this,” Romney said: “Do you want a prosecutor who can operate independent of political pressure? I’m not saying that Tony could not be independent, but I can guarantee you that I’ll continue the kind of independence that Mike Capizzi has already proven.”

And Rackauckas says: “I’m not beholden to anyone. I do expect a lot of them [the anti-Capizzi forces] to support me. But if I’m elected as D.A., I’m not going to turn my back on any criminal activity.”

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Whatever the outcome, this race will be fun to watch.

For What It’s Worth: There’s something sad about seeing Woolworth’s go out of business. As I was growing up in small-town Indiana, Woolworth’s was always an anchor of our Main Street. If you didn’t find what you were looking for, you could always at least run into someone there that you knew. I suppose what I miss most are the days when you could get a sentimental attachment to a department store.

Next Generation: Officials at the Richard Nixon Library & Birthplace don’t usually change their schedules to accommodate requests, especially from stage mothers. But the call on Monday happened to come from Julie Nixon Eisenhower, who said that her daughter, Jennie Eisenhower, was on the West Coast visiting friends. And Jennie happens to be a music major at Northwestern University, and if you had any musical performances coming up, she’d be happy to come sing.

Who can turn down a suggestion like that? So this Sunday at 2 p.m., those attending one of the regular free family concerts at the library will get a bonus: Jennie Eisenhower, 18, daughter of Julie and David Eisenhower, granddaughter of one U.S. president and great-granddaughter of another. She’ll sing selections from “Pippin,” “Song and Dance,” “Jekyll and Hyde” and “Rent.”

Jennie Eisenhower, by the way, was born at San Clemente General Hospital. Her parents were living in Capistrano Beach at the time, to be near Richard and Pat Nixon, who lived in San Clemente then.

Wrap-Up: Just for the record, two veterans in the D.A.’s office deserve mention here, because either one would make an outstanding chief prosecutor. They are Maurice L. Evans and John D. Conley--Capizzi’s top two assistants.

But the best candidates don’t always have a taste for politics. Evans, who has long been active in the state bar, is almost 60 and is looking in the direction of retirement. Conley, 55, has told friends he isn’t interested. It’s a plus for this county that so many good attorneys are out there who could do the job.

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Jerry Hicks’ column appears Tuesday, Thursday and Saturday. Readers may reach Hicks by call-ing The Times Orange County Edition at (714) 966-7823 or by fax to (714) 966-7711, or e-mail tojerry.hicks@latimes.com

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