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Lynch wants voters to consider 'whole scope' of work in office

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

By EDWARD FITZPATRICK
Journal Staff Writer

Attorney General Patrick C. Lynch recalled going to Cranston High School East a couple of weeks ago to talk to students.

The auditorium was in use, so the students gathered in the gymnasium. And when Lynch, a 6-foot-5 former Brown University basketball star, walked in, he looked around and said, Im comfortable here more comfortable than in an auditorium.

Lynch said that after his speech was over, he asked who the best basketball player in the class was, and challenged him to a shooting contest. Lynch said he asked the student if he should take off his jacket off, and the boy said: Leave it on.

Still, Lynch said he still made about 8 of 10 free throws, 5three-pointers and a 30-footer before launching a shot from the half-court circle. He said that as the ball swished through the net, he headed for the exit, saying, Thats old school for you.

Lynch, who appeared at Cranston East with an expert on gangs, said he tries to get to one school per week to talk to students about his office, consumer issues and crime. He said some students view an attorney general as this guy who puts people in jail, and he makes it clear hell do that when necessary. But he said he also tries to connect with students, telling them, Im actually on your team. Im trying to make this school safer.

Lynch, a Democrat seeking a second four-year term, will have a new opponent on Nov. 7: Republican J. William W. Harsch. And over the past month, Lynch has often found himself playing defense, explaining how his office handled the criminal case against the brothers who owned The Station nightclub, which burned to the ground in 2003, killing 100 people.

On Sept. 29, Superior Court Judge Francis J. Darigan Jr. accepted no-contest pleas from the brothers, sentencing Michael Derderian to four years in prison and Jeffrey Derderian to 500 hours of community service but no jail time. Fire victims and relatives have expressed outrage.

Given that outcome, why should voters reelect Lynch? People should look at the whole scope of the work that I do, Lynch replied. Also, people should and I think for the most part do realize I dedicated every resource available to amass all the evidence available and prosecuted what we could and fought to the end for the best result that the system would provide.

Lynch said, The fact that Jeff Derderian walked I said then, I say now and I say for the rest of my life I think is outrageous.

Lynch said its particularly outrageous given that Daniel Biechele, tour manager for the band Great White, was sentenced to four years for lighting the pyrotechnics that ignited highly flammable foam on the club walls. He asked how Darigan could then give no jail time to the guy who paid the man to light the pyro, who put the foam in, who packed the place to pad his wallet.

Does Lynch bear any responsibility for that outcome? No, he said. We fought to the end. I disagreed with him. I placed my objection on the record.

Lynch said that about 95 percent of the time, defense lawyers and prosecutors discuss and agree on terms and turn to a judge to approve the deal. But when that doesnt work out, there are other options. He said in some cases when the prosecution and defense cant agree, the judge can tell the defendant, if you plea to every count, Ill give you the following and the state can enter their objection. He said, Thats what happened here.

Harsch said, I think Patrick Lynch never intended to go to trial with the Derderians. It was all a charade because it would come out he didnt prosecute people that needed to be prosecuted.

Lynch said prosecutors did extensive preparation and put victims through the trauma of preparing for trial sometimes having victims watch videos of themselves at the fire. And he accused Harsch of trying to score cheap political points and, at this point, I think its bordering on exploitation of a tragedy.

Lynch said his proudest accomplishments are his fight against liquefied natural gas terminals in Providence and Fall River, and the precedent-setting public nuisance lawsuit filed against companies that once manufactured lead-based paint.

They are the most far reaching, he said. Lead affects 240,000 of our homes in Rhode Island. And an LNG terminal would have a long-lasting impact on the economic development and the health and safety of Rhode Island, he said. Neither battle is over, he noted.

Harsch filed a complaint with the state Ethics Commission, saying Lynch received campaign contributions from DuPont Corp. lawyers and lobbyists before and after reaching a $12-million settlement with DuPont in the lead-paint case.

The commissions staff said Lynchs acceptance of a $500 contribution from DuPonts legal counsel while Lynch was prosecuting the case certainly gives the appearance of impropriety, if not evidence of poor judgment. But the commission dismissed the complaint, saying it failed to allege facts that would meet the standard for violating the law.

Lynch also touted his efforts to crack down on drunken driving. For example, he said he pushed for a law that made it a crime to drive with a blood alcohol content of .08 percent, rather than .10 percent, and a law that raised penalties for drivers who refuse to submit to a chemical test for alcohol.

Harsch accused Lynch of lobbying against the .08 bill when he was a lobbyist, before becoming attorney general. In the last election, Lynch denied lobbying against the .08 bill, calling Harsch a liar.

This time, Harsch produced a lobbying report from 2000, which says Lynch was lobbying for Anheuser-Busch and was against the .08 legislation. When asked about that form, Lynch said, Wed monitor the bill for the client. But I never went up to the State House to testify against it. More importantly, I got .08 passed my first year by drafting the law again, presenting it and pulling a coalition together.

Lynch, 41, was born in Pawtucket, the youngest of former Pawtucket Mayor Dennis Lynchs seven children. One of his brothers is state Democratic Chairman William Lynch.

He graduated from Brown University and Suffolk University School of Law. He was a special assistant attorney general from 1994-99 and led the prosecution of gang-related offenses. From 1990-2002 he worked the law firm of Tillinghast Licht Perkins Smith & Cohen, representing clients including CVS and R.J. Reynolds Tobacco USA. He is married and has two children. The attorney generals salary is $94,121.

Lynch said the main reason to vote for him is his experience. People dont need a bureaucrat, he said. They need someone who knows the office.

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