ELECTIONS PANEL ACTS TO REVIEW SCHUCK AD

Commission Members Ruled That Tv Spots Against Mary Jo Kilroy Deserve
A Full Hearing

There is enough evidence that Franklin County commissioner candidate
Bill Schuck's television ad contained a false statement about his
opponent that the Ohio Elections Commission wants to conduct a full
hearing, according to a ruling yesterday.

In the waning days of the commissioner campaign, Schuck ran a
television ad with the claim that Mary Jo Kilroy supported the
legalization of drugs. Kilroy, a Columbus Board of Education member
who defeated state representative Schuck, R-Columbus, on Nov. 7,
vehemently denied the allegation and filed a complaint with the
commission.

Four members of the commission panel unanimously agreed with a
recommendation made by Philip Richter, the commission's executive
director, that there is probable cause -- enough evidence to warrant
a full hearing.

If the full seven-member commission finds Kilroy's complaint is
valid, evidence could be referred to the Franklin County prosecutor's
office and an unfair campaign violation charge could be filed against
Schuck. The charge is a first-degree misdemeanor. The commission also
could find good cause to uphold the complaint but not refer the
matter for prosecution or issue a reprimand.

Kilroy was pleased that the full commission is going to hear her case.

"We want to make a statement about unfair campaign tactics. With the
(commission) finding of probable cause, we have gone the distance of
making that statement,'' Kilroy said after the hearing.

During yesterday's probable-cause hearing, attorney Donald McTigue,
who represents Kilroy, said that Kilroy does not support the
legalization of drugs. McTigue said the 1989 editorial in the
Columbus Free Press cited by Schuck as a source advocated reducing
the penalty for growing marijuana and that Kilroy didn't write the
article anyway. Kilroy was an editor with the alternative newspaper.

Attorney Donald Brey, who represented Schuck, produced an affidavit
from Bob Fitrakis, a former colleague of Kilroy's from the Free Press
and a current columnist for Columbus Alive. Fitrakis' affidavit says
the Free Press editor had "editorial control'' of the newspaper.

The affidavit from Fitrakis also states: "I also had various
conversations with Mary Jo Kilroy in which Kilroy has supported the
decriminalization of marijuana, and has opposed the war on drugs.''

Kilroy told The Dispatch that decriminalization means lessening the
penalty, not the legalization of drugs.

Brey also cited a 1995 calendar that the Columbus Free Press
published. The calendar, commemorating the 25-year anniversary of the
publication, for the month of April 1995 reproduced a 1971 front page
concerning a "marijuana smoke-in'' held at the Ohio State University
oval.

Kilroy said she was no longer connected with the Free Press when the
decisions were made concerning the calendar.