Win, loss are McElhatton's badges of honor

Second of six profiles of candidates for Philadelphia district attorney.

Daniel P. McElhatton is the only Democratic candidate for Philadelphia district attorney who has been voted into public office once before.

He is also the only candidate who has been voted out.

Both the victory and the defeat are his badges of honor.

In 1995, after serving one term on City Council, McElhatton was rejected by voters in the Seventh Council District. The ugly race - won by Rick Mariano, a machine candidate later convicted of bribery - left him embittered.

Though he avoids Mariano's name, the 59-year-old lawyer still reminds voters of his electoral martyrdom.

"I held public office and returned it, unblemished," McElhatton told an audience in February.

He blamed his loss on special-interest opposition to his Council votes that created the Police Advisory Commission and established a tax on liquor by the drink.

"They were the right things to do, and I did it and would do it again," McElhatton said. "That's leadership."

But more than his voting record caused McElhatton's downfall.

Though he spent 18 years as a Democratic committeeman, he never won much support from the party's ward leaders, who complained of his pious and prickly manner. His Council campaign became a favorite target of John J. Dougherty, the powerful electricians' union leader, and of former State Sen. Vincent J. Fumo.

"I think he's an honest man with integrity," Democratic City Committee chairman Bob Brady told a columnist after McElhatton's defeat. "But maybe the word politician doesn't describe him, and it is a political office."

The test for McElhatton in the May 19 primary is whether the times have changed sufficiently from 1995 to swing voters his way. He portrays himself as a man of principle, a quality he hopes will appeal at a time when ethical reform is in fashion, and old rivals like Mariano and Fumo are convicted felons.

But most ward leaders still haven't warmed to McElhatton. They remain a potent force in the off-year primary, in which turnout is expected to be low and dominated by party regulars. Most of the big endorsements from unions and political chiefs have gone to opponents Seth Williams and Dan McCaffery.

McElhatton, who lives in Center City, may have broader appeal in a citywide election than he did in his old blue-collar Council district, which stretched from Kensington into the Lower Northeast.

But he has struggled to get his message out. He says he has been handicapped by new campaign-finance restrictions limiting individual contributions to $2,600, and the lack of media attention to the race. His campaign has raised $275,000, including about $100,000 in loans from himself.

"Dan's problem right now is the lack of campaign money," political strategist Larry Ceisler said. "I think he has a good message and story to tell, but without the money, how do you get it out there?"

Mayor Nutter, who was an ally of McElhatton's on Council, has said nice things about him without formally endorsing anyone. McElhatton's literature quotes Nutter calling him a "stand-up" guy.

In his campaign, McElhatton departs from the "tough cookie" rhetoric of retiring District Attorney Lynne M. Abraham, and highlights his differences with her without attacking the woman who has held the office for 18 years.

"I've criticized things I think I'd do differently," he said, "but she's run an office that's been unblemished by corruption."

The next prosecutor, he says, should be more aggressive about attacking municipal corruption, a job that Abraham left largely to state and federal prosecutors.

In contrast to Abraham's abrasive relations with several mayors, McElhatton emphasizes his cordial history with Nutter and Gov. Rendell and promises to work cooperatively with other officials to improve a disjointed criminal justice system.

But McElhatton's discourses on "collaboration" border on the wonkish.

At a reception last week in the Northeast Philadelphia living room of Frank and Mary Anne Benner, a dozen voters listened politely as McElhatton described his "history of working in collaboration with other folks and accomplishing goals."

He cited his work as board chairman of the Community College of Philadelphia, where he helped form a statewide alliance of 14 community colleges to lobby Harrisburg for a large funding increase, something the colleges had been unable to achieve individually. McElhatton said similar coalition-building would be necessary to push the state legislature to allow Philadelphia to enact its own gun laws.

McElhatton also recounted how as a councilman he helped the Red Cross obtain money for a permanent family shelter after a dozen West Kensington families were displaced by the 1994 Quaker Lace factory fire. Previously, families left homeless by disasters were split up between male and female shelters.

"That's a lasting impact," he said. "That's something I'm very proud of."

As McElhatton spoke, the voters in the Benners' living room were attentive but hardly excited.

They became animated only when he ditched the script.

After telling a couple of war stories about his own victimization by criminals - once by carjackers, and once when he confronted a burglar in his basement - McElhatton appeared to strike a chord. They began swapping tales of favorite Northeast Philadelphia haunts, and the local sports personalities McElhatton knew from the two years he spent as a college student working at a recreation center in Rhawnhurst.

McElhatton can draw on connections to several neighborhoods during nearly six decades in Philadelphia.

He was born in Germantown and grew up in Juniata Park, where his parents sold real estate. He attended Northeast Catholic High School and Villanova University. After graduating from Temple Law School, he clerked for a federal judge.

He worked as an assistant district attorney from 1975 to 1978 and tried about 100 cases.

McElhatton now maintains a private Center City law practice, McElhatton Foley, which focuses on civil and criminal trial work. He and his wife of nearly 38 years, Rosemary, have three children and four grandchildren.

After his Council term, McElhatton amassed an impressive resume of civic service. Former Mayor John F. Street appointed him to the Board of Ethics in 2004 and he remained a member after voters made it an independent agency in 2006. He said he turned down Nutter's offer to chair the board last year to stay on as chairman of the Community College board.

Besides his work for the college, McElhatton has served on other charitable boards, including those of the Red Cross and Goodwill Industries. He is president of Keep Philadelphia Beautiful, a nonprofit that assists community cleanup efforts.

"I'm ready to lead," McElhatton tells campaign audiences. "There won't be any training period for me. You can't say that about any of the other candidates."

As the oldest candidate in the Democratic contest, McElhatton sometimes takes gentle shots from his rivals because more than 30 years have passed since he worked as a prosecutor. All the candidates have some experience in the District Attorney's Office.

"If they're saying I'm unfit because I'm 59 years old, then say it," he said. "I've challenged any of them to a downhill ski race. So far, nobody's taken me up on it."

Beyond the debate over issues of law and order, McElhatton has also attracted attention for his appearance. He has an unusually dark and full head of hair ridiculed by some bloggers for its ruglike qualities.

"I've been kidded by some of the other candidates who are, uh, hair-challenged," McElhatton said. During a recent visit to a law firm, where he was encircled by balding and silver-haired partners, one challenged him directly: "So, what's with the hair, Dan?"

"It's genetic," McElhatton insisted en route to a campaign appearance last week. He pulled the locks up to demonstrate they are firmly attached to his scalp. He said his brothers are also hirsute.

At a League of Women Voters' forum, McElhatton suggested that curiosity over his coiffure could be used to benefit his campaign treasury.

"This is my real hair, and it's my own," he volunteered. "And anybody who wants to examine it or pull it, it's going to cost you a thousand bucks to my campaign."

Party: Democrat. Age: 59. Residence: Logan Square.

Priorities for district attorney

Reduce illegal guns by seeking the minimum five-year sentence for firearms violations, prosecuting straw purchasers who illegally resell guns, and improving coordination of federal, state, and local law enforcement through an expanded Gun Violence Task Force.

Establish a violent-crime strike force to identify repeat offenders and monitor them through the criminal justice system, including their imprisonment and parole.

Create a specialized corps of lawyers and investigators to uncover and prosecute public corruption, fraud, and economic crimes. The unit would coordinate its efforts with the Philadelphia Inspector General and the Board of Ethics.

Establish a victim-witness services office to provide "customer service" for witnesses, including status information about cases to reduce inconveniences associated with court delays. The office would also prosecute witness-intimidation cases.EndText