DATE: Saturday, October 25, 1997            TAG: 9710250373

SECTION: LOCAL                   PAGE: B3   EDITION: FINAL 

SOURCE: BY JON GLASS, STAFF WRITER

DATELINE: NORFOLK                           LENGTH:   69 lines

DRAKE'S USE OF PHOTO IN AD INAPPROPRIATE, CHIEF OF POLICE SAYS

For the second consecutive election, a photograph used in a campaign ad has become an issue in the race for the 87th Virginia House district.

Two years ago, Democratic Del. Howard Copeland was roundly criticized for doctoring a photograph that made it appear he had worked closely with Gov. George Allen on a crime bill. Copeland, a 15-year incumbent, ultimately lost to Republican Thelma Drake.

This week, Del. Drake found herself on the hot seat for a photograph that appeared in one of her own ads. Norfolk Police Chief Melvin High, who was in the photo, said Friday he was ``displeased'' because the ad had misled some people into thinking he and the police department were endorsing Drake.

The picture, with the police department's senior staff surrounding Drake, was taken earlier this year when Drake presented an award to a K-9 officer whose police dog had been killed in the line of duty. Drake was giving the award on behalf of the General Assembly.

The Police Department legally cannot endorse political candidates, High said.

``The Norfolk Police Department is an apolitical organization, and we work hard to maintain an apolitical organization,'' High said in the statement. ``The use of this photograph of an officer awarded in the line of duty was misleading and inappropriate.''

Drake and her campaign workers said they were surprised by the chief's response. The photo did not identify High or other officers, and the ad text did not state that the police department had endorsed her.

``The intent was to show me doing my job,'' Drake said Friday. ``I don't think it implies an endorsement at all - period. I certainly would apologize if Chief High has interpreted it that way.''

Mick Shaw, Drake's legislative aide and a campaign volunteer, said Drake did not know that that particular picture was being used. He said the picture was chosen in part because of its technical quality.

``If there was any blame, it's my blame,'' Shaw said, but he added: ``I stand by what I did because there wasn't any intent to imply an endorsement.''

Drake's opponent, Democratic challenger Todd Fiorella, said use of the photograph in the context of the ad was ``outlandish.''

``This is exactly the same kind of tactic that she pointed her finger at Howard Copeland for doing,'' Fiorella said. ``The photo, obviously, when you look at it, looks like Thelma is receiving an award from the police. The intent of that picture is to get votes. How they can say that is unintentional is beyond me.''

Drake's ad appeared this week in Thursday's Compass, a Norfolk community news supplement in The Virginian-Pilot. The two-column ad ran the length of the page.

The top of the ad was headlined ``Endorsed By Norfolk's Law and Order Team Norfolk's sheriff, commonwealth's attorney and clerk of circuit court.

Below that was text that read, ``Thelma's earned our respect at home . . . '' accompanied by photos of her with senior citizens and holding a child. The ad closed with the text ``And earned our trust in Richmond!'' Below that was a photo of Drake looking on as Gov. Allen spoke at a lectern, and then the photo of her with Norfolk police officers.

Copeland's campaign suffered a setback in 1995 when it was revealed that a photograph used in a brochure had been doctored.

The photo, which showed Copeland watching as Allen signed a bill, had been airbrushed and cropped to remove two Republican legislators. Copeland also was accused of implying that Allen was signing a crime bill, when the signing had nothing to do with crime, Allen aides said at the time.

Drake had been attacking Copeland as being soft on crime. ILLUSTRATION: Drake Fiorella KEYWORDS: CANDIDATE HOUSE OF DELEGATES RACE ADVERTISEMENT

PHOTO NORFOLK POLICE DEPARTMENT

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