University Daily Kansan / Friday, January 19, 1990
9
Owen's dismissal challenged
The Associated Press
TOPEKA — Some Democrats and a few Republicans expressed disappointment Wednesday with a Johnson County judge's decision to dismiss all charges of theft and illegal campaign activities against former Lt. Gov. Dave Owen.
Democrats were generally more harsh in their criticism. State Party Chairman Jim Pimrish used the occasion to criticize Republican Att. Gen. Bob Stephan. House Minority Leader Marvin Barkin of Louisburg said the decision left a cloud over Republican Gov. Mike Hayden.
Republicans were more subdued.
GOP State Chairman Rochelle
Chronister of Neodesha said Republi-
cism simply wanted the matter aired
fully.
Owen, who was once a prominent Republican fundraiser, and two business associates were accused of running a scheme that put illegal donations into Hayden's 1866 campaign fund. Owen also was charged with four apparently unrelated felony theft charges, one of which previously was dropped.
Judge William G. Pierron dismissed all charges on the grounds that the state failed to show any reason for an exception to the two-year statute of limitations. He dismissed the felony charges because there was no evidence of probable cause to bind Owen over on them, he said.
Owen's attorney argued that the statute of limitations ran out in December 1988, two years after Hayden filed his last campaign finance report for the 1986 election. The prosecutors argued the statute of limitations ran out in December 1989, two years after newspaper reports about Owen's campaign activities appeared.
When the news of the decision reached the House floor during its brief session Wednesday Democrats criticized the court, but Republicans were more calm.
"Most Kansans will be disappointed if the facts of the Dave Owen case are never known," Barkis said.
laws.
"Kansans have a right to know the answers, but it appears that the Legislature will now have to ask the questions," he said. "This year, the Legislature has been planning to take a close look at ethics laws and campaign finance laws."
Barkis used the news to call for a visorous examination of state ethics
Parrish also criticized Stephan, saying he should have investigated the matter as soon as the first newspaper reports appeared instead of waiting for the Public Disclosure Commission to act.
rarrish said the decision from Plieron, a Republican, proved that prominent Republicans are above the law as long as Republicans retain control of the state government.
The commission filed a complaint against Owen in February 1988, but Owen filed a legal challenge, which he dropped in July 1989.
"Where was our attorney general?" Parrish said. "Why was it not a priority to enforce the law against a fellow Republican fundraiser as it was against someone else?"
GOP criticizes Owen investigation
The Associated Press
TOPEKA — The chairman of the Kansas Republican Party and a spokesman for Gov. Mike Hayden Thursday accused Rep. Kerry Patrick of political harassment in issuing a call for an investigation of the Dave Owen matter.
Patrick, R-Learwood, introduced a resolution in the House that called for a special legislative committee to look into the handling of the investigation of contributions made by former Gov. Owen to Hayden's 1986 campaign.
Patrick, who was alone in sponsoring the resolution, urged the creation of a seven-member panel made up entirely of House members. The panel would investigate the work of the Kansas Bureau of Investigation,
the Public Disclosure Commission,
the attorney general's office and the
special prosecutors' inquisition and
would have subpoena powers.
The purpose is to determine whether legislation is needed to strengthen the state's ethics laws, Patrick said in the resolution.
A Johnson County District Court judge Wednesday dismissed all charges against Owen and two associates, saying there was no probable cause to sustain felony charges against Owen and that the statute of limitations had expired on those and all other charges.
"It is clear with the judge's ruling yesterday that somewhere along the line the system failed . . ." Patrick said. " . . . there is no excuse for the charges not to have been timely filed
by the appropriate law enforcement agency."
Rep. Rochelle Chronister of Neodesha, the GOP state chairman, said Patrick's resolution appeared to be "political harassment" of Owen.
She said Owen faced an extensive investigation by the Public Disclosure Commission, the attorney general's office and special prosecutors and the felony charges were dismissed.
Patrick, a five-term House member, has been an outspoken critic of Hayden and is among a dozen House Republicans known as the "rebels" for their frequent opposition to administrative proposals and policies as well as to the House Republican leadership.
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