Source: Arizona Daily Star (AZ) Contact: http://www.azstarnet.com/ Pubdate: Thu, 3 Sep 1998 Author: Howard Fischer, Capitol Media Services KAITES CALLS PRIMARY FOE A CRIMINAL, ADMITS SMOKING POT PHOENIX - Attorney general hopeful John Kaites insists his opponent's arrest 15 years ago makes him a criminal - even though prosecutors dropped the charges. At a news conference yesterday, Kaites defended a new TV commercial which states that Tom McGovern ``has a record, not as a prosecutor but as a criminal.'' It includes footage of McGovern that has been doctored to show him behind bars with a beard. McGovern, who set up his own news conference near Kaites' around the same time, acknowledged the 1983 New Jersey arrest on weapon and drug charges. He pointed out that the case was dismissed, and said prosecutors believed he was simply in the wrong place at the wrong time. But McGovern, while lashing out at Kaites for slinging mud, then signed an affidavit saying he has never smoked marijuana. Attorney General Grant Woods, who backs McGovern, also signed the affidavit - even as he said the issue of someone smoking marijuana is irrelevant to the question of who should be his successor. McGovern placed the affidavit under Kaites' nose. Kaites smiled and walked away. Kaites, while attacking McGovern for his arrest record, dodged several questions of whether he ever broke any laws, demanding a specific list of crimes to which he could respond. Finally, asked if he ever violated any provision of Title 13 - Arizona's criminal code - Kaites responded, ``not that I'm aware of.'' His answer, while true, was misleading: His press aide, Kim Harris, later admitted Kaites, while in high school in Pennsylvania, tried marijuana ``once,'' adding that ``he didn't like it.'' That is similar to what happened with Bill Clinton, when asked about his own background, responding that he never violated the laws of this country. Clinton later admitted he smoked marijuana overseas. The TV commercial attacking McGovern began running as the campaign enters its last week and Kaites finds himself trailing 20 percent to 32 percent. Kaites admitted yesterday the polls played a role, pointing out that nearly half of all Republicans have not yet made up their minds for whom to vote. ``They have a right to know a history of Tom McGovern,'' he said. McGovern was charged with possession of a weapon after police, investigating a bar fight in which McGovern was not involved, found a pellet gun in his trunk. The drug charge stems from marijuana residue found in the ashtray of the vehicle he was driving, a car McGovern said belonged to his brother. Prosecutors subsequently dismissed the charges. Despite that, Kaites said McGovern is still a criminal - just not a convicted criminal. The arrest, he said, is as pertinent to Tuesday's election as ``if O.J. Simpson were standing before you running for attorney general, even though he has been acquitted.'' Under intense questioning, Kaites said the arrest is not what is relevant ``but how that person comes clean when discussing the arrest itself.'' McGovern conceded he never thought it necessary or appropriate to disclose the arrest when he declared his candidacy last year. A Phoenix-area newspaper wrote about his arrest in February. McGovern's lead comes despite the fact that, as of mid-August - the latest report available - Kaites had spent nearly $293,000 vs. about $222,000 by McGovern. The primary winner will face former U.S. Attorney Janet Napolitano, who is unopposed in the Democratic primary. - --- Checked-by: Rich O'Grady