OPINION: Randy in Wonderland

GEORGE ARNOLD
ARKANSAS DEMOCRAT-GAZETTE

There was an uncomfortable moment in a recent political forum when someone in the audience tossed this bomb to Randy Zurcher, a candidate for Fayetteville's city council:
"Mr. Zurcher, do you feel your use of (Department of Human Services) computers to gain access to pornographic sites was an appropriate use of your employer's time and resources?"
The moderator told the candidate that he didn't have to answer the question and the candidate took him up on it. Randy Zurcher didn't answer directly, saying only that there was more to the story that hasn't been told yet. The question was one of the when-did-you-stop-beating-your-wife variety. There's no good answer.
Randy Zurcher has maintained his innocence of the charges ever since the Fayetteville police called in reporters to say they were investigating possible child pornography on computers in DHS offices in Bentonville and Fayetteville. That was an unusual and inflammatory announcement. Police departments rarely announce ongoing investigations until arrests are made--if then. The police didn't release Randy Zurcher's name at their news conference, but his name came up fast enough.
The whispers and insinuations have lingered ever since. Randy Zurcher can sympathize with what was done to Hillary Clinton last week. The special prosecutor said there wasn't enough evidence to file charges against her in the travel office investigation, then went on to accuse her of lying in her testimony.
Think what you will of Hillary Clinton, that was an unfair way to handle her investigation. Either file charges or leave the suspect's reputation alone. We're still supposed to be innocent until proven guilty in this country, even if you're Hillary Clinton--or Randy Zurcher.
Mr. Zurcher finds himself in an impossible position, convicted of a crime without even being charged with one. It was a classic case of verdict without trial. Even the Queen of Hearts pretended her subjects would get their day in court.
There won't be such a day in the assault on Randy Zurcher's name. To their credit, prosecutors said they won't file charges based on the evidence they've seen so far. Robin Green of Benton County said the only images she'd seen did not constitute child pornography. Terry Jones of Washington County said it was impossible to know whether illegal material had been accessed or downloaded. But the buzz continued, evidence or no evidence. The State Police are still analyzing material from the computers, leaving suspicions hanging.
Randy Zurcher said the investigation was politically motivated. He's a former alderman in Fayetteville who is running this year to reclaim his old position on the City Council. He's been a public figure in Fayetteville for years, outspoken and often taking stands outside the mainstream.
His charge that the investigation was more about dirty politics than dirty pictures gained some credibility when it turned out that the person who posed the embarrassing question at the forum was a backer of one of Randy Zurcher's opponents in the council race. It was a clear case of someone trying to use the publicity over the original accusations for political advantage.
Unfortunately for Randy Zurcher, details of his interview with the Fayetteville police appeared within a couple of days of the candidate forum. In the interview, he admitted looking at pornographic web sites while at work. He denied doing anything illegal, like deliberately accessing child pornography, the charge that created the original discomfort.
But, as he himself asked in the course of the interview, was what he did morally right? His answer to his own question: "That's up to you."
He admitted he'd broken the rules of his own employer in using the computers the way he did. For that, he was reprimanded and placed on administrative leave. And he's since resigned from his job. He's already paid a heavy price for his bad judgment.
He remains a candidate for the City Council and will get his own personal referendum on his statement that a moral judgment on what he did is "up to you."
Some will go no deeper into the matter than disgust with the original charges. But others will be troubled by the question that was asked at that forum, even if it came from someone with a political motive.
Put in a somewhat different form, the question Fayetteville voters will have to ask themselves about Randy Zurcher is this: Do we want someone representing us who has admitted bad judgment in his use of public property and time?
If the answer on Election Day is no, it's another sad case of a capable person wrecking his own political career. But we've seen enough of that in recent years that it shouldn't surprise us any more.

George Arnold is opinion editor of the Arkansas Democrat-Gazette's northwest edition.

This article was published on Tuesday, October 24, 2000

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