http://www.rockymountainnews.com/drmn/e ... 47,00.html

Angst over political ad
GOP backer angered that 'honest mistake' could put him in jail

By Lynn Bartels, Rocky Mountain News
October 20, 2006
The director of a Republican attack group said he was stunned to learn he faced possible jail time for making an "honest mistake" in a TV ad about a Democratic state Senate candidate.
Alan Philp, head of the Trailhead Group, was scheduled to be served a misdemeanor criminal summons on Thursday.

But the summons is on hold because El Paso County District Attorney John Newsome said his office was investigating "new information." He did not elaborate.

The announcement that Philp faced misdemeanor charges - and the DA's subsequent decision to hold off - has ignited a firestorm in Colorado political circles.

"To say you can make an honest mistake in political debate and then be subjected to potential jail time is obscene," Philp said Thursday.

Newsome took heat from his own party for pursuing the complaint, which was filed by John Morse, of Colorado Springs, who is running for the Senate.

GOP attorney Scott Gessler, in a blast e-mail to party members, accused Newsome of "professional courtesy" because Morse previously served as police chief of Fountain.

"Whether you are Republican or not, this should worry you," Gessler wrote. "Political campaigns can get nasty, but one side should not be able to throw the other in jail or bankrupt him with attorney fees while destroying his reputation."

Countered Newsome: "My job is to enforce the law, not get involved in politics."

And some Democrats accused Newsome of bowing to GOP pressure after Gessler sent his missive.

"We encourage him to resist such undue influence," said Michael Huttner, director of the liberal group ProgressNow.

A Trailhead ad said that, because of Fountain police errors in a case, 14 felony charges were pleaded to one charge of menacing, a misdemeanor. In fact, they were pleaded to a single felony.

Colorado law makes it illegal to "recklessly" or "willfully" make a false statement intended to influence an election.

"It was an honest mistake and we admitted we made a mistake," Philp said. "Others have lied about Trailhead, and they're not facing prosecution."

Asked for examples, he said that Democrat Bill Ritter's gubernatorial campaign falsely claimed that certain Trailhead ads were pulled from viewing when they were not.

In addition, Philp said the Ritter campaign accused Trailhead of making early-morning phone calls that infuriated voters. In fact, the calls were the result of a computer glitch and had nothing to do with any races Trailhead is involved with.

Several Democratic candidates for the House have filed complaints against Trailhead, but none of those have resulted in any action against the political group.

"They didn't file the complaints because we lied, but because they didn't like the ads," Philp maintained.

In addition, Republicans have pointed out that Democrats have made mistakes in their attacks.

In particular, a TV spot aired by the group Colorado Clear Peak falsely claimed that GOP state Senate candidate Matt Knoedler did not back the governor on an immigration reform bill introduced by Democrats. Knoedler, in fact, voted for it.