Sybert Claim of Support From Powell Called Fraud

By KENNETH R. WEISS

Oct. 12, 1996 12 AM PT

TIMES STAFF WRITER

Democratic congressional candidate Brad Sherman on Friday accused Republican rival Rich Sybert of voter fraud for dispatching thousands of political mailers claiming that Colin Powell strongly supports Sybert for Congress.

Sherman jumped on the issue after learning Friday that Powell has not endorsed Sybert’s candidacy in the 24th Congressional District, which straddles Ventura and Los Angeles counties.

“This is the very kind of voter fraud that the Legislature made subject to criminal penalties in 1990,” Sherman said. “We are going to refer this for criminal prosecution to the district attorney.”

Sybert’s campaign manager dismissed the matter.

“We’re winning and they’re desperate,” said Sybert campaign manager John Theiss. “Brad Sherman should be campaigning on the merits and running on issues, not playing legal games.”

Both Sybert and Powell’s office acknowledged on Friday that the retired four-star Army general has not made an endorsement in the hotly contested race.

“Gen. Powell has not and is not endorsing any candidate for congressional office outside of his home state of Virginia,” said Bill Smullen, a spokesman for Powell.

But Smullen said Powell does not object to Sybert using the photo taken while Powell was chairman of the Joint Chiefs of Staff.

“The photograph in question was taken some years ago and is the personal property of Mr. Sybert,” Smullen said. “And he has the ability to use that in any way he chooses.”

Sybert said he got to know Powell during a yearlong stint as a White House fellow in 1985 and 1986. Sybert was assigned to work for then-Defense Secretary Caspar Weinberger, and Powell worked in the next office as Weinberger’s senior military assistant.

“I worked closely with him for a year,” Sybert said. “He knows me. He’s aware that I’ve used this photograph, not just this year, but in 1994. If you spoke with him, I’m sure he’d say kind things about me.”

Sybert said he has had recent “communications” with Powell, but never received a letter of endorsement nor formal permission to use the photograph he said was taken in the early 1990s. Powell retired from the military in 1993.

Sherman said he has not made an issue out of the photograph, which has been used in at least three political mailers and as the lead image on Sybert’s home page on the World Wide Web.

But he said he is deeply troubled by the words that surround the image on one brochure that went to about 50,000 voters in the district that includes most of Thousand Oaks, Malibu and portions of the San Fernando Valley.

On the cover, the mailer reads: “An Important Message from General Colin Powell and other Republican leaders: We need Rich Sybert in Congress to help lead America into the 21st Century.”

Inside the pamphlet, it reads: “Join General Colin Powell and these Republican leaders in strongly supporting Rich Sybert for Congress.” It is followed by a list of GOP leaders and groups.

“You cannot join Gen. Powell in supporting Rich Sybert if Powell does not support Rich Sybert,” Sherman said. “He has based his whole campaign on this one endorsement of this respected moderate. It’s a complete fabrication.”

Theiss said the mailer was perfectly acceptable as written and Sybert’s campaign is making no apologies.

“If it was in quotes, it would be crossing the line,” Theiss said. “Prominent leaders from throughout the community and the country support this candidate. But I don’t have something in writing from all of them.”

Sherman said he believes it violates a law that makes unauthorized “handwritten or mechanically reproduced” signatures a felony. He said that even though Powell’s signature does not appear on the mailers, he interprets the law as covering any situation in which a political message is fraudulently ascribed to a public figure.

“The Sybert piece is a clear example of the fraudulent activities the Legislature intended to criminalize,” he said.