DA HOPEFUL ARRESTED ON DRUG CHARGE

Denton candidate denies wrongdoing

The challenger in the race for Denton County district attorney was arrested
Friday and charged with delivery of marijuana, authorities said.

Stephen Hale, 45, who is to face District Attorney Bruce Isaacks in
November, is charged with delivery of marijuana over 4 ounces and under 5
pounds, authorities said. The offense is a state jail felony. Bail was set
at $5,000, and Mr. Hale posted bond Friday afternoon at the Denton County
Jail, officials there said.

"I don't know what it was about. I wasn't shown an arrest warrant," Mr.
Hale said Friday night. "I haven't done anything wrong."

Mr. Hale, an attorney, was arrested about 3:30 p.m. Friday in Denton County
as part of an undercover investigation by the Texas Department of Public
Safety, said Tela Mage, an agency spokeswoman.

Drugs were not found in Mr. Hale's possession at the time of his arrest,
she said.

The arrest was based on a probable-cause warrant, she said. A judge
typically issues such a warrant based on a peace officer's sworn affidavit
outlining the reasons for believing a crime has been committed.

Ms. Mage said the Denton Police Department assisted DPS narcotics officers
in the arrest. She did not disclose where Mr. Hale was arrested.

Mr. Isaacks said state District Judge David White granted a motion Friday
to remove the district attorney's office from the case. Collin County
District Attorney Tom O'Connell was appointed as special prosecutor to
oversee the case, he said.

Mr. Hale's arrest was unexpected, Mr. Isaacks said, but not a shock.

"I can't say I was real surprised," he said.

Mr. Hale served a three-year felony probation in the mid-1970s for
possessing what he has called "a good-sized Baggie" of marijuana.

Later, during his tenure as the Wise County Attorney, Mr. Hale's handling
of marijuana cases and first-time drunken drivers drew criticism.

Police groups in the county just northwest of Tarrant County calledfor his
resignation in 1994 because they said he was too soft on such offenders. He
served in the office for four years, beginning in January 1993.

He defended his dismissal of marijuana and drunk-driving cases by saying
his primary duty was "to seek justice, not just to seek convictions."

More than 60 percent of DWI cases handled by Mr. Hale led to dismissals or
reduction to less-serious charges of reckless conduct, according to court
records.

Mr. Hale said at the time, "It might be popular in other counties to make
political stands and be tough on DWIs, but if I did that, my docket would
come to a screeching halt."

An additional 118 cases involving misdemeanor marijuana possession of less
than 4 ounces were dismissed completely, most "in the interest of justice,"
according to notations on dockets.

Mr. Hale has said his stance on marijuana cases was formed by his arrest on
marijuana possession charges, which occurred while he was serving in the
military in Florida.

"Almost every G.I. I knew smoked marijuana, but I got caught," he said in
1994. "I came home from serving my country on felony probation for not
hurting anybody, and that really hurt my feelings."

After the service, Mr. Hale attended North Texas State University, now the
University of North Texas, and South Texas College of Law in Houston. He
learned before law school graduation that he could not receive his Texas
Bar card while on probation.

Recently, Mr. Isaacks tried unsuccessfully to have Mr. Hale disqualified
from the Democratic primary ballot on the grounds that he has lived in the
county less than three consecutive years. A state appeals court ruling in
January allowed Mr. Hale to stay on the ballot.

Mr. Isaacks, who will be seeking a third term in November, said it was bad
enough that there was low voter turnout in the primary this month, but now
Mr. Hale's arrest may disillusion some voters.

"It's unfortunate for the political process," he said.