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Accusations and facts stirred Tuesday night when the three Republican candidates for Kosciusko County prosecutor held a public forum sponsored by the Taxpayers Action Network.
Charles Waggoner, Daniel Hampton and David Kolbe spoke to the standing-room-only crowd in the old courtroom of the Kosciusko County Courthouse to answer questions and raise issues with each other.
The men used the prepared questions asked by State Rep. Dave Wolkins to refute each other and raise concerns.
Hampton questioned Kolbe's handling of cases during the past three years of his administration. Kolbe, in turn, refuted the arguments and raised his own concerns about Hampton's integrity. Waggoner answered the questions posed to him and explained his history and experience.
In one striking statement, Kolbe said Hampton approached him before the 1994 election and offered him the public defender's contract for the county if Kolbe would drop out of the race. Kolbe went on to win the election and Hampton moved to Allen County to work in the prosecutor's office.
"Justice to me wasn't for sale," Kolbe said.
Hampton did not respond to Kolbe's accusation during the forum, but denied the accusation in a call to the Times-Union this morning.
Kolbe said his administration tried to improve the previous system. When asked if money can buy justice in the criminal justice system, Kolbe said he had courage and integrity to not allow money to influence him. He then said Hampton accepted a $1,000 campaign donation in 1994 from the tavern owners' association while Kolbe worked on getting rid of gambling machines in their businesses.
Hampton refuted Kolbe's explanation, saying he would have enforced the law to get rid of the machines as Kolbe did.
Hampton alleged Kolbe's figures on the number of jury trials Hampton did in Kosciusko County was wrong. Kolbe said the previous prosecutor tried only six felony jury trials in four years. Hampton read a state report stating that he alone tried more than 30 cases in his four years with the prosecutor's office while other deputies tried more than a total 15 cases.
Hampton read specific cases that Kolbe allowed to be deferred or diverted, saying Kolbe did not hold to his promises of fairness and equality in cases.
All three men agreed that the prosecutor's check recovery program should continue no matter who is elected.
Hampton said Kolbe helped one of his former interns get out of jail without posting bond for writing a bad check. Hampton said the check recovery program "needs to be taken seriously to work."
Kolbe said the intern only wrote a $16 check and paid it and the fee the next day.
In closing, each candidate replied to a personal question asked by Wolkins.
Waggoner was asked why he left the Kosciusko County prosecutor's office in 1996. He answered that Kolbe told him the chemistry between the two men was not working and Waggoner should leave.
Hampton responded to the question of where he lived by saying he moved into his father's house in Warsaw in January until Hampton and his wife got a house in Leesburg.
Kolbe was asked about his relationship with area police.
"There is a lot of tension between my office and the Warsaw Police Department," Kolbe said. He said he is willing to work through problems with the departments, but said it takes two sides to talk about it.
The men explained what they thought the purpose of the criminal justice system is. Waggoner seemed to wrap up both of the other candidates' feelings by saying there is a purpose for rehabilitation, but it also exists to "get the gnawing feeling out of your gut that someone did something wrong and didn't get punished for it.
"While rehabilitation is the goal ... practically speaking, we have a criminal justice system for justice."
Waggoner said he would confiscate vehicles from habitual convicted drunk drivers if the legislation is passed. "If the legislature draws the line, then that's where you'll find me," he said.
Kolbe agreed, saying he took his proposal on the issue to the Indiana legislature. Hampton said he would not seize the vehicles even if the legislation passed.
All three candidates strongly supported using the habitual offender statute to add prison time to felons with two prior convictions.
Waggoner said people convicted of three felonies are those who have decided to be criminals. "You pay me as a prosecutor to put the person where they belong," he said. "You pay me to make sure they're not out on your street."
The three men also agreed that police officers charged with a crime should be treated the same as civilians under the law.
But, the prosecutor must respect law enforcement officers, Waggoner and Hampton both said.
"If respect breaks down, it is bad for the criminal justice system," Hampton said.
"It is important to have the officers' trust, respect and belief in the prosecutor," Waggoner said.
