Posted on 12/22/2003 10:12:09 PM PST by SwinneySwitch
Opponent questions ad that mentions personal legal issues
State Rep. Jaime Capelo said Sunday that he doesn't plan on offering his side of the story regarding allegations that he took a $100,000 kickback until he has to appear in court - regardless if the court appearance falls after the upcoming election or not.
"I am confident in the legal system and I am also confident that I will be vindicated in these legal matters as the process moves forward," the Corpus Christi Democrat said late Sunday. "And I'm looking forward to that opportunity."
On Sunday, Capelo's campaign organizers ran a full-page advertisement in the Caller-Times on behalf of Capelo, thanking constituents of District 34 for their continued support during his time in office, his bid for re-election and through the "unmercifully negative and false accusations" that have been alleged against him.
The ad also details the benefits of the recently passed Proposition 12 which authorizes the Legislature to limit the amount judges can award plaintiffs for non-economic damages such as pain and suffering. Capelo said the legislation, which he worked hard to pass, was a vital step forward in keeping doctors in South Texas.
Capelo has been accused in a court affidavit of seeking and receiving $100,000 from attorney Rene Rodriguez, in what has been described as a kickback, to settle a refinery lawsuit in which the two lawyers represented opposite sides. Rodriguez, who represented the plaintiffs suing Citgo, and Capelo have denied any wrongdoing. They have acknowledged that Rodriguez paid Capelo $100,000, but say it was for referring a medical malpractice case. They also say Capelo paid the money back.
Capelo and Rodriguez are now part of several legal cases involving the settlement of the personal injury case.
A Democratic challenger for Capelo's seat, Abel Herrero, said he accepted Capelo's challenge to leave Capelo's legal issues out of the campaign and debate the issues facing the community and the state. But, the Robstown Democrat said Sunday if Capelo wanted his personal legal matters out of the campaign then why would he put them in a full-page ad?
"All public officials should be open and honest with their constituents," Herrero said. "He said that the truth will set him free but he doesn't say when."
Another Democrat challenger, Nelda Martinez, could not be reached for comment Sunday evening.
Capelo said he is not sure how big a factor his legal issues will be in the upcoming election.
"It depends on how my opponents are going to treat it and how the media is going to treat it," he said.
Herrero said that Proposition 12, which he believes Capelo is using as a platform for his campaign, failed to recognize or address the real problem.
"The issue is still insurance reform," Herrero said. "The fact is we are still in the middle of a health care crisis when we can't get CHIPS (the state insurance program for children) funded enough to help all the families that really need it, insurance companies have not lowered premiums for doctors and the cost of prescription drugs has skyrocketed."
Herrero criticized Capelo on other health-related issues, including the price of prescription drugs.
Capelo said that it is still too early to see how much of an impact Proposition 12 will have on the health care issues facing Texas but that the legislation was a step in the right direction. Insurance regulation could be another step, he said.
The deadline to file before the March primary election is Jan. 2. The position is a two-year term and has an annual salary of $7,200.
Contact Venessa Santos-Garza at 886-3752 or santosv@caller.com
Maybe he'll serve his next term in prison!
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