Sources - Virginia probes charge that GOP eavesdropped on Dems

Associated Press WriterRICHMOND, Va. (AP) -- An investigation into claims that a top GOP official eavesdropped on a Democratic conference call will focus on how access allegedly was obtained, sources close to the investigation said Friday.

Edmund A. Matricardi III, executive director of the Republican Party of Virginia, is the subject of a state and local police inquiry into an allegation that he illegally monitored a phone call in which Democrats discussed strategy for handling a redistricting court case, the sources said.

"This thing is out-of-the-box crazy," said Richmond Commonwealth's Attorney David Hicks.

Hicks said he could not discuss details of any pending case.

Law enforcement sources who spoke on the condition of anonymity, however, said someone could face charges if the phone number and password for the conference call were obtained surreptitiously.

Under Virginia law, monitoring a telephone call without proper authorization -- the prior consent of at least one person on the call -- is a felony punishable by up to five years in prison.

Matricardi showed up Friday at his downtown office in the GOP headquarters, which was otherwise dark and closed for the Easter weekend. He did not answer calls to his office, his cellphone or his pager, and no one answered repeated knocks on the doors and windows of the office.

Kevin Sheridan, spokesman for the Republican National Committee, said Matricardi had been planning to leave the job.

The RNC's regional political director sent an e-mail to several candidates for Matricardi's job, Sheridan said. "Ed had informed the chairman (Gary Thomason) several weeks ago that Ed was actively pursuing another job," Sheridan said.

Del. Vance Wilkins, Republican speaker of the House of Delegates, said he did not know what happened with the conference call, but added: "Operatives play these games all the time. It probably should not have been done."

Joe Underwood, chairman of Fairfax County GOP, said he is hoping the claims will be proved false. "The Democrats have been out to get him for years. ... What they're alleging does not square with the Ed Matricardi I know."

State police officers with a warrant searched Matricardi's office at GOP headquarters on Wednesday, but it wasn't clear whether they confiscated any evidence, The Washington Post reported. Law enforcement sources told the newspaper police had a copy of a GOP transcript of the Democratic session.

Senate Democratic Leader Richard L. Saslaw of Fairfax County said two separate conference calls between top Democratic lawmakers were held on Friday and Monday. Gov. Mark R. Warner participated in Friday's call, Saslaw said.

The conference call included discussion of legal strategy in a lawsuit Democrats filed challenging redistricting plan the GOP-led legislature passed last year, Saslaw said. A circuit judge in Salem ruled the plan unconstitutional earlier this month.

Ellen Qualls, spokeswoman for Warner, said State Police Superintendent Col. W. Gerald Massengill informed the governor's office about an investigation "related to the Republican Party of Virginia." She declined to elaborate.

"The governor has no comment because it's a pending criminal investigation," Qualls said.

Massengill said he could not confirm the existence of an investigation.

Attorney General Jerry Kilgore said he had sent to state police information of possible misconduct involving a taped conversation.

The governor wants Salem Circuit Judge Richard Pattisall's ruling upheld by the state Supreme Court forcing the legislature to redraw legislative lines that the judge called racially gerrymandered. He has appointed a special counsel to defend his position.

Kilgore, a Republican, wants the ruling reversed. His difference with Warner touched off a dispute over who should represent the State Board of Elections, a defendant in the lawsuit and an agency of the executive branch of government Warner heads.

Warner angered Saslaw and other Democrats a week ago when he settled the feud with Kilgore by allowing him to represent the Elections Board in exchange for a promise from Kilgore to expedite the appeal to the Supreme Court.