McCaffery ad vs. Williams: Any truth? Things heat up in D.A. race's final days

DISTRICT attorney candidate Dan McCaffery has donated $200,000 of his own money to his campaign and is airing a hard-hitting TV ad accusing rival Seth Williams of "cutting soft deals with violent criminals."

"Career criminal Aaron Kelly should have received five years for an illegal gun," McCaffery's ad states. "But after another bad Seth Williams plea bargain set him free, Aaron Kelly shot a man to death."

The ad is the latest campaign salvo as five candidates engage in a frantic push for the Democratic nomination with only six days to go before the primary.

But is the allegation fair?

Records show that Kelly was indeed released under a 2002 plea deal signed by Williams, and he later committed serious crimes. But it's not clear that he was a career criminal when the plea agreement was struck or that his release was anything out of the ordinary.

Kelly was arrested in January 2002 driving a stolen car. An unloaded gun was found under the driver's seat. It was his first adult conviction in Philadelphia, though between his arrest and plea deal he was arrested again on separate car-theft and weapons charges.

Several experienced prosecutors and defense attorneys said that Kelly's plea deal was not unusual and was within sentencing guidelines, unless Kelly had had a particularly violent juvenile record.

Juvenile records are usually sealed. A chronology released by District Attorney Lynne Abraham's office last night showed that Kelly had juvenile arrests for car theft and drug sales. It did not indicate a disposition of either case.

Another question raised by McCaffery is why Williams' signature would have been on the documents at all. His duties at the time - as supervisor of the D.A.'s Repeat Offender Unit - did not involve negotiating pleas in such cases.

The chronology from Abraham's office indicated that William's involvement was unusual. Abraham was once close to Williams, but has feuded with him since he ran against her in 2005.

McCaffery noted that Kelly's defense attorney was Scott DiClaudio, a friend and contributor to Williams' campaign.

DiClaudio, who said that he's also McCaffery's friend, called the suggestion of something improper "a travesty," and "an attempt to defame Mr. Williams and myself, without a shred of proof."

DiClaudio said that the Kelly case was one of hundreds of similar cases he's handled. While he has no specific recollection of it, he said, he would never seek to gain some advantage by trying to get Williams involved.

Williams, through spokesman Dan Fee, said that he didn't recall the case. Fee said that there are times at the D.A.'s office when a supervisor might sign documents even if other lawyers worked on the case.

McCaffery is the only candidate with a broadcast-TV presence, but all five Democratic candidates now have a new opportunity to raise campaign cash.

McCaffery's extraordinary contribution to his own campaign has triggered the "millionaire's exception" to the city's campaign finance law, doubling the legal contribution limit to $5,200 for individuals and $21,200 for political action committees.

Williams is running radio ads and touting his endorsement by the Inquirer, and preparing a major Election Day field effort. His campaign-finance report shows that his spending is less focused on media than field operations.

Candidate Dan McElhatton has sent mailings to Democratic voters that focus on gun violence and feature a flattering quote from Mayor Nutter. Nutter has not endorsed a candidate in the race.

McElhatton's next mailer will showcase his endorsement by the Daily News.

Candidate Brian Grady has a cable-TV ad noting that an Inquirer endorsement editorial said that "you'd want him in a foxhole with you." The ad doesn't mention that the endorsement was for Williams.

And Michael Tucker's campaign manager, Harry Cook, says that his team will be delivering literature to targeted voters and making phone calls as the campaign ends.

All the candidates will be visible at transit stops, street corners and at community forums. *