Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, October 3, 1995 TAG: 9510030117
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG LENGTH: Long
The contest between the two candidates for Montgomery County commonwealth's attorney at first glance appears to be a tale of two Montgomery County gentleman lawyers with different visions for the office.
Phil Keith, the incumbent Democrat, wants another term. He won a full four-year term in 1991 after being appointed in 1989 to fill the seat vacated when Pat Graybeal was appointed a juvenile and domestic judge.
Joey Showalter, the Republican nominee, wants to take Keith's place after practicing law for eight years, six in the New River Valley. He's the managing partner of the Radford law firm Stone Harrison Turk and Showalter.
Both are known for their mannerly ways. Keith is fond of saying "I'm a prosecutor not a persecutor."
Showalter offers his hand every time he greets you and stands until women are seated at lunch gatherings at Christiansburg's favorite legal hangout, the Old Town Deli.
But this is a political campaign; while the gloves are not off, swipes have begun on both sides.
"First of all, the job is not being done," Showalter said when asked why he wants to leave private practice and become a public servant.
Showalter has stressed that a commonwealth's attorney must be a tough litigator, an effective manager of the office and active in the community.
His desire to serve comes from lessons instilled by his father and grandfather, "Dr. Joe" Showalter and Dr. A.M. Showalter, both well-known doctors who "were extremely involved in the community."
"As far as I can tell, Joey's only qualification is he's a son of a prominent doctor and the grandson of a prominent doctor," Keith said.
Keith's proud of his father, too. J. Edwin Keith, a retired Riner dairy farmer and former longtime member of the Montgomery County Planning Commission, "made his own way in the world," Keith said.
Speculation about Keith's health has become a factor in the campaign.
Keith says he is tired of talk about his health, what was once labeled as a "whisper campaign" about his ability to continue in office as he battles a benign brain tumor for which he has twice had surgery. The talk gained momentum with news stories about his radiation treatment, which required him to stay in a Roanoke rehabilitation center and away from work for several weeks.
"There is only one issue in the campaign, and that's experience," Keith said. "I have 17 years of experience in prosecuting cases and he has no experience" prosecuting.
Keith was an assistant commonwealth's attorney for 11 years before taking over the office. In 17 years, he estimates, he has handled thousands of cases in juvenile and domestic, general district and circuit courts.
Since 1990, Keith says, he has either personally handled or assisted in 36 felony jury trials. Showalter, he says, has handled only one or two in Montgomery County.
Showalter points out he won the criminal jury trial he handled in Montgomery County Circuit Court earlier this year, and says he has tried many jury cases in neighboring New River Valley jurisdictions, both criminal and civil.
"Prior to his becoming commonwealth's attorney, he was very limited in his jury trial experience," Showalter said.
Keith may have the experience in the office, Showalter says, but there are improvements that need to be made.
"The job is not getting done properly, and someone needs to take over," Showalter said.
Showalter complains the office was shut down one day earlier this year while all the staff worked on preparing grand jury indictments. The office should be open to the public every workday, Showalter says.
"That's one day we closed the office in six years that I've been commonwealth's attorney and that was to work on things that needed to be done," Keith said. There were 250 indictments to prepare.
Showalter says there are other problems with management, including missed speedy trial deadlines that have caused charges to be dropped. He also says no accurate time sheets are kept on office employees.
"I think that cheats the employees," Showalter said.
Keith says he works every weekday, and on Saturdays and Sundays "at least every other week."
He also says the 90 days he took off for the two surgeries and radiation treatment was accrued leave time, and he hasn't taken a vacation since 1983.
"I think I have certainly put in my time with the county ... I'm not complaining that I haven't had a vacation. I love to work." His billboard slogan, "Working Hard for Montgomery County," is true, he says.
He points to long prison sentences obtained in this last term for Paul William Morehead, Katina Lynn Zelenak and William Ray Smith Jr. - the trio charged with the robbery and murder of Lorna Raines Crockett in 1992 as she made a night bank deposit for the shoe store she managed.
And he says he instituted a collection program with Credit Bureau Services that has collected $381,000 in unpaid fines and costs since 1992.
Showalter says the credit bureau deserves the credit for the success of that program, which was mandated by the state, not Keith.
Keith is also proud of the division of specialization in his office with his two assistant commonwealth's attorneys. Skip Schwab specializes in prosecuting drug cases, and Peggy Frank focuses on sexual assault cases.
Showalter says he'll work hard for county residents, too. Being commonwealth's attorney "is not a 9:30 to 5 job. ... It's a full-time job ... 24 hours a day," he said.
Showalter's vision for the commonwealth's attorney's office is to provide active prosecution and effective management.
Escalating crime and violence are big concerns, Showalter says.
If elected, Showalter says, either he or an assistant commonwealth's attorney would visit schools regularly to "educate the young people on the consequences of violent crime and drugs.''
Keith dismisses Showalter's comments as "trendy political rhetoric."
The commonwealth's attorney's job is not to go out to the schools, Keith says. His first job is to prosecute cases and advise police.
"I don't know how it would help for the commonwealth's attorney to go to the schools to talk ... That's nice. I've done that on several occasions over the years, and it's fun," Keith said, but it's not the prosecutor's job, noting that the area's law enforcement agencies already have DARE programs in place in schools.
Showalter commends the DARE program, but it concentrates on elementary school pupils and leaves middle and high school students lacking.
Showalter says he would be able to make the switch from defending accused criminals to prosecuting them.
He says he would be tough on crime, while realizing that each case is different. Like Keith, his focus would be on locking up the truly violent criminals, while being open to sentencing alternatives such as diversion programs and home-bound detention programs.
Name: Phil Keith
Age: 44
Education: A graduate of Auburn High School, Virginia Tech and the University of Virginia law school
Community and family ties: Keith is the son of J. Edwin Keith, a former member of the county Planning Commission. The family has its roots in the farming community of Riner. A member of the Montgomery County Democratic Committee for more than 20 years, Keith was chairman for four years. He is on the board of directors of FutureWorks, designed to interest school dropouts in learning, and is a member of the Hokie Club and Auburn Methodist Church.
Campaign tactics so far: Keith won't be going door-to-door, but promises a traditional campaign. He has begun posting billboards and yard signs and handing out bumper stickers. He is funding his own campaign, declining donations. He has agreed to appear at candidate forums with Joey Showalter.
Experience: Joined the commonwealth's attorney's office in 1978. Assistant commonwealth's attorney 11 years. Appointed to the post in 1989; elected in 1991 with 63 percent of the vote.
Why he's the best candidate: "There is only one issue in this campaign, and that's experience. I have 17 years of experience in prosecuting, and he has none."
Key comments:
``It's just my policy not to accept donations." Four years ago, he said, he received three donations and kept them only because he didn't know a graceful way to return them. "To me, it just is not particularly appropriate."
``Our function is to see that justice is done. It's not to see that we lock up as many people as we can."
"Obviously, truly violent criminals need to be locked up. You don't have to lock up everyone and throw away the key." The state also needs to accomplish other goals, Keith said, like funding public schools and state-funded colleges.
Last book read: "The Secret Pilgrim," by John Le Carre
Last movie seen: "Apollo 13''
Favorite quote: Keith is fond of saying, "I'm a prosecutor, not a persecutor."
Name: Joey Showalter
Age: 33
Education: Graduate of Christiansburg High School, Virginia Tech and Stetson University (Fla.) School of Law
Job: Managing partner, Stone, Harrison, Turk and Showalter law firm
Community and family ties: Father and grandfather opened and ran the county's first hospital. He is on the board of directors of Warm Hearth Inc., the American Cancer Society and New River Valley Community Sentencing. Lifelong member, Christiansburg Presbyterian Church. He also belongs to the New River Valley Legal Aid Society.
Campaign tactics so far: Showalter has been campaigning door-to-door and attending community functions and political events. About 130 people attended a $25 donation fund-raiser last month.
Experience: Practiced law in Florida for two years before returning to the New River Valley in 1989. Joined Ed Stone's firm in June 1991.
Why he's the best candidate: "The job is not getting done properly, and someone needs to take over," Showalter said. He wants to run the office more efficiently. "I think I can make a difference."
Key comments:
``The commonwealth's attorney is a leader in the community. He should be active in the community." Showalter said he can handle the dual role of prosecuting and being more visible in the county.
As chief prosecutor, his main duty would be to be an effective, tough litigator. He said the commonwealth's attorney needs to be prepared, be an effective administrator and know who's going to trial. Showalter said that's not always happening now.
Last book read: "The Chamber," by John Grisham; "A Son of Thunder," biography of Patrick Henry by Henry Mayer
Last movie seen: "While You Were Sleeping"
Favorite quote or guiding principle: He recently was sent a clipping of a 1957 story about his grandfather from The Roanoke Times. His grandfather, A.M. Showalter, said he was a citizen before he became a doctor and shouldn't forget that. Now Showalter is applying that to his life. "An attorney has to remember he was a citizen before he became an attorney," Showalter said.
Keywords:
POLITICS
by CNB