By DAVE HAMRICK
dhamrick@thecitizennews.com

Judge Johnnie Caldwell's political opponent is accusing the judge of using intimidation tactics in the 2000 election.

John Mrosek, who is challenging Caldwell for his place on the bench, told The Citizen he believes Caldwell's campaign is behind the wide circulation of an embarrassing e-mail that Mrosek sent to Peachtree City Councilman Carol Fritz last Dec. 7.

The e-mail, which contains language that Mrosek has admitted is “coarse” and “offensive,” speaks of Mrosek's “obsessive disgust for Judge Caldwell's lack of fitness for office,” and includes comments about Citizen publisher and editor Cal Beverly as well as Peachtree City city attorney James Webb.

Caldwell denied having anything to do with distributing the e-mail. Webb has not returned phone calls from The Citizen.

The e-mail was distributed widely and anonymously Friday, April 21, Mrosek has charged. That's the weekend before qualifying for political office opened April 24. “I suspect it was to discourage me from qualifying [to run against Caldwell],” Mrosek told The Citizen. He said a friend buttonholed him at church shortly before that and warned him that Caldwell and Webb were “coming after” him.

“I would submit that they [Caldwell and Webb] are the ones distributing the e-mail,” Mrosek said, adding, “I anticipated this attack, these intimidations and these threats. Intimidation and threats will not work with me, either as a candidate or when I become a judge.”

Citing the rules of the Judicial Qualifications Commission, Caldwell said he could not comment on any animosity between himself and Mrosek.

“I cannot say anything about a political opponent,” Caldwell said, adding, “I have not introduced anything or distributed anything.”

He said the first he ever heard of the e-mail in question was during a civil suit in which one of the lawyers brought it forth as an exhibit. Caldwell immediately recused himself and had the case assigned to another judge.

Caldwell said he is running for reelection based upon his experience in office, not any attacks on his opponent.

His strength, he said, is “the more than 20 years of experience I've had in this circuit. I've had five years as a judge on the bench, handled 2,700 criminal and 3,200 civil cases. I have a reputation of being, I hope, fair and tough on crime.”

The e-mail makes reference to an investigation in the 1980s into allegations concerning Fantasy Fitness, a failed fitness center, involving both Webb and Caldwell.

Webb was accused of using his position as city attorney to get the inside track on purchasing the troubled business location, and Caldwell, who was district attorney at the time, was accused of partiality in halting the investigation.

Webb has since worked in Caldwell's election campaigns, but both men deny any wrongdoing in the Fantasy Fitness affair.

But the incident has surfaced in recent weeks in a court battle between The Citizen and Webb. Webb has subpoenaed e-mails from Mrosek and others in connection with the suit, and Webb has specifically asked for communications concerning Fantasy Fitness.

Webb has sued The Citizen and publisher Beverly for libel in connection with a letter to the editor that accused Webb of questionable business ties while serving as city attorney.

Mrosek has contended that Webb's request for his e-mails came about because Webb has been in possession of the Dec. 7 e-mail for some time and waited until recently to distribute it to prevent Mrosek from running against Caldwell.

Webb wrote to Mrosek April 24 and called the e-mail “outrageous and libelous,” adding that he had considered dropping his libel suit against The Citizen but, after reading the e-mail, will continue the suit and his search for e-mails between Mrosek and friends. “...[T]he document certainly makes me wonder exactly what other documents of this nature exist,” the letter said.

“In light of the contents of this document, I feel that I must continue to pursue the matter so I can determine whether or not there are other outrageous allegations contained in other communications you might have authored or received,” the letter to Mrosek added.

Webb also challenged Mrosek to do some research on the Fantasy Fitness matter. “If you really want to know about Fantasy Fitness and do not care to discuss it with me, I invite you to call Bruce Jordan, the person who handled the investigation for the Sheriff's Department, and Fletcher Sams, the attorney who was representing the bank when the initial matter was reported. I think you will find that both of them are willing to testify that Judge Caldwell and I did nothing wrong and the entire incident was politically motivated,” wrote Webb.

Mrosek responded with a letter informing Webb he has retained a lawyer, and said he might indeed do some investigating, and asked Webb to waive any rights to privacy in the matter. “I will... request that you authorize Major Jordan and Sheriff [Randall] Johnson to release all information, files and investigative materials in connection with the subjects mentioned in your letter...” Mrosek wrote.

Mrosek also has contended that his e-mail should have been protected by the constitutional right to privacy, and told The Citizen that he believes Webb's real beef is with whoever distributed the e-mail.

“They should direct their complaints to the unknown people who disseminated my e-mail, which was sent under a qualified privilege,” he said. “I am entitled to a constitutional expectation of privacy.”

The race for judge between Caldwell and Mrosek will be decided July 18 in the General Primary. Voters in Fayette, Upson, Spalding and Pike counties will choose between the two in the nonpartisan race.