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Extra: Election

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Harsch: People are 'bloody outraged' with the outcome of the Station case

01:00 AM EST on Tuesday, October 31, 2006

By EDWARD FITZPATRICK
Journal Staff Writer

PROVIDENCE -- J. William W. Harsch, the Republican candidate for attorney general, stood in his law office in downtown Providence, examining a framed print of The Relief of the Light Brigade.

The print, which he picked up while studying at Englands Cambridge University during hisWilliams College, junior year in college, depicts the moment when the remnants of a British brigade reached Russian guns in an ill-advised, ill-fated cavalry charge during the Battle of Balaclava in 1854.

This is symbolic of what you have to do sometimes, Harsch said. You may not like the job. The job may not be pretty. But they did the job.

Four years ago, Harsch found himself making a late charge at Democratic attorney general candidate Patrick C. Lynch, son of former Pawtucket Mayor Dennis Lynch and brother of state Democratic Party Chairman William Lynch.

The [Republican] party was going around asking people on the street if they wanted to run against Billy Lynchs little brother, and they werent getting any takers, Harsch recalled. So we got down to the 11th hour and they came in here to see me. I had turned them down several times in the past. But it basically was me or no one. And I wasnt willing to see a job as important as that one go uncontested.

Harsch, a Democrat and independent in the past, tried to switch to the GOP, but the Board of Elections said he couldnt make the move until after the election. So he ran as an independent, and Lynch received 61.5 percent of the vote while Harsch received 38.5 percent.

I got a lot of votes in the last election I dont care how much it gets belittled, Harsch said. I was denied 14,000 straight-ticket Republican votes because I was forced to run as an independent.

This time, Harsch is on the Republican ticket as the challenger to Lynch. And this time, Harsch said, Lynch is vulnerable because people are absolutely bloody outraged with what he did on the Station fire case.

The West Warwick nightclub burned down in 2003, killing 100 people. On Sept. 29, Superior Court Judge Francis J. Darigan Jr. accepted a plea agreement that spared club co-owner Jeffrey Derderian jail time and sent co-owner Michael Derderian to prison for four years.

Lynch said his office never agreed to those sentences. Harsch doesnt buy that, saying, If you have a plea bargain, the attorney general has to be involved. It can only be agreed to with his assent. Lynch says thats not true and Harsch has no idea what hes talking about.

Harsch said that if Darigan imposed the outcome, Lynch should have challenged it before the Supreme Court or the Superior Courts presiding judge. Lynch said theres no legal basis for taking such action.

Harsch charged that Lynch was either asleep at the wheel or grossly misled the people of Rhode Island about how he handled the Derderians case. Harsch talked about restoring trust, saying, Its a challenge I know very well dating back to my days as a member of the Carter White House after President Nixon so grossly denied his involvement or knowledge of Watergate.

Harsch said that if hes elected he will conduct an investigation into to how this plea bargain fiasco came about. Also, Harsch vowed to pursue charges against West Warwick fire marshal Denis P. Larocque and other town officials in connection with the Station fire.

Lynch said its shameful for Harsch to talk about pursuing charges before he has reviewed the relevant documents and evidence. He said he didnt charge Larocque and other officials because state law grants them immunity, except under certain circumstances.

Harsch argued that one of those circumstances gross negligence applies in this case. He said the attorney generals job is to be a bulldog but that Lynch is too often a political animal.

During the campaign, Harsch called for listing the exact addresses of medium-risk and high-risk sex offenders on the states online registry. The registry now only lists the approximate address of Level II and III sex offenders. Harsch talked about a South Kingstown mother who learned that a sex offender had moved into her neighborhood. The kids walk to school. She wants to know where he is, and all she has is a grainy photograph and an idea that hes in the area, he said. Thats not good enough.

Lynch said the state Parole Board sets those guidelines, and hes proud of his offices efforts to pass tougher laws and prosecute sex offenders.

Lynch and Harsch have sparred over whether Harsch has relevant experience. On the Dan Yorke show on WPRO (630-AM), Lynch said, If he has seen a grand jury in his life, its because he watched cop shows on TV.

Harsch fired back: Ive done a great deal more with my life than youll ever think of. I was in Harvard Law School when you were in diapers.

Harsch, 67, was born in Washington, D.C., and graduated from Williams College and Harvard Law School. He was special assistant to former Gov. Philip W. Noel from 1973-74 and chairman of the Public Utilities Commission from 1975-76. He was the first director of the state Department of Environmental Management from 1976-77 and said his proudest accomplishment is putting together the DEM from the discredited Department of Natural Resources.

From 1977-80, he worked in President Jimmy Carters administration in the Office of Management and Budget. He was a special assistant attorney general from 1982 to 1984, representing Rhode Island residents and companies in rate cases before the Federal Energy Regulatory Commission. He has been a lawyer in private practice and town solicitor for Tiverton and Jamestown. He lives in Jamestown in what was his grandfathers house. He is married, with three children and one stepson.

Harsch said he has raised $83,439 in campaign contributions and plans to put $132,000 of his own money into the race, for a total of $215,439. Lynchs campaign manager said Lynch has raised $690,145 since 2003, with none coming from the candidate.

A Rhode Island College poll conducted Oct. 2-4 found Lynch leading Harsch 42 percent to 28 percent, even though nearly two of every three respondents said the Derderians plea agreement was either very or somewhat important to them.

Harsch noted hed been doing worse in previous polls, saying, If given a choice, Id rather being going up than down. Also, he said, We are about to launch a new set of ads making it clear.

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