After his predecessor, Johnny Holmes, retired, Rosenthal was elected
Harris CountyDistrict Attorney after facing
Pat Lykos, County Attorney Michael Stafford and many others in the
Republican primary. He was re-elected in 2004.[3]
On March 26, 2003, he argued before the
Supreme Court of the United States in Lawrence v. Texas that laws against
sodomy are constitutional. The Court disagreed, holding 6-3 that prosecutions for private sexual conduct violates the
United States Constitution.[4] His performance was later described as "the worst oral argument in years", but some believe his lack of preparation reflected his lack of enthusiasm for the statute he was defending.[5][6]
On February 15, 2008, Rosenthal resigned as Harris County district attorney, following the filing of a lawsuit petitioning for his removal from office. The press release issued by Rosenthal[7] suggests substance abuse played a part in his decision. Rosenthal's official release claims, "Although I have enjoyed excellent medical and pharmacological treatment, I have come to learn that the particular combination of drugs prescribed for me in the past has caused some impairment in my judgment."[8]
In a federal court case, emails in the
Harris CountyDistrict Attorney's office were under subpoena.[9] Some of those emails exposed his extramarital affair with his secretary as well as being found to be using government computers for campaigning and receiving and sending racist emails.
After an emergency meeting with local GOP leaders, the GOP asked him to step aside and to not seek reelection. On January 4, 2008, he announced that he would not seek reelection, but would finish out his current term.[10][11][12]
Other controversies included:
Multiple Houston-area community groups called for Rosenthal's resignation,[13] as well as the resignation of
Harris CountysheriffTommy Thomas for similarly racist e-mails.[14] Community groups are sensitive to racism because Rosenthal "presides over an office that sends more convicts to death row than any other prosecutor's office in the nation."[citation needed]
The
Texas attorney general's office investigated whether e-mails discovered in the DA's county computer were evidence of criminal activity, such as Rosenthal's alleged use of public assets to engage in his now-withdrawn political re-election campaign.[15][16]
32 indictments were thrown out due to a paperwork snafu under Rosenthal's watch.[17]
On 28-March-2008, Rosenthal was found in contempt of court for destroying 2,500 e-mails subpoenaed in a federal court case.[19]
Harris County taxpayers paid US$400 per hour for attorney fees to represent Rosenthal in his contempt hearing. Although the contract was capped at US$50,000, taxpayers were expected to pay the full bill.[20]
Refusal to sign an agreement between Venezuela and the United States to allow the extradition of Jesus Salazar, who is wanted for the October 1999 murder of 17-year-old Felicia Ruiz, in exchange for Salazar agreeing to a 30-year prison sentence instead of a life-term.[21]
Personal life
Rosenthal was married to Cindy Rosenthal,[22] a retired
FBI Special Agent.[3]