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.

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