Ad watch: Pepper's 'Why?'

AD: A 15-second television commercial for David Pepper for mayor, titled, "Why?" Began airing Thursday. Produced by the Campaign Group, Philadelphia, Penn.

SCRIPT: Male announcer: "Cincinnati Police endorsed David Pepper. Why? Because his opponent, Mark Mallory, voted against cracking down on meth labs. Mallory opposed stricter penalties for firing a gun in school. He even opposed the plan that put more police in our neighborhoods."

VISUALS: The ad begins with a large shot of Pepper with supporters -- breaking the usual rule of not putting your own picture in an ad attacking your opponent. A small, black-and-white photo of Mallory appears against a backdrop of police footage. Key phrases appear, with citations to news stories and bill numbers.

FACT CHECK: The Fraternal Order of Police Queen City Lodge No. 69 endorsed Pepper after their number one choice, Charlie Winburn, got knocked out in the primary. In the news conference announcing the Pepper endorsement, union leaders did not mention any of the reasons cited in Pepper's ad.

Mallory was one of three senators to vote against a 2001 bill, House Bill 7, that made it illegal to possess certain chemicals with the intent to manufacture the drug. "I guess I just have a concern about the fact that someone could possess any one of these necessary ingredients and where they could be swept up in a case where they could be prosecuted for, say, having antifreeze in their possession," Mallory told the Associated Press in 2001. Later, he said he opposed the bill because the farm lobby had reservations about a potential crackdown on agricultural-related chemicals like ammonia. Supporters credited the bill with helping to shut down 42 meth labs in the first year. The Farm Bureau actually supported a bill, according to a newsletter sent to its members after it passed.

Last week, Mallory voted for a bill to clamp down on the manufacture of meth, making it more difficult to buy pseudoephedrine, a main ingredient in meth. "I stand in 100 percent support of the passage of this bill and I encourage us to keep this fight alive because it is so important to families across the state of Ohio," he said in a speech on the Senate floor Oct. 18.

Mallory also voted against a 1997 juvenile crime bill, House Bill 5, that provided stricter penalties for firing a gun in school. But the bill also included a provision that eliminated the requirement that a prosecutor prove -- beyond a reasonable doubt -- intent to kill in an aggravated murder case. "Senator Mallory is an ardent defender of the 14th Amendment right of due process and does not support chipping away at that right. Citizens must be proven guilty beyond a reasonable doubt," his campaign said in a statement.

On the final point, Mallory did criticize the vote in May to spend $1.2 million on additional police overtime, saying City Council let “electoral politics hijack the governmental process.” He said he would have listened to City Manager Valerie Lemmie, who told City Council they didn’t have the money to spend. Mayor Charlie Luken also expressed misgivings about the plan.

RESPONSE: "After the primary, people said that they were glad that David and I were the finalists because it meant that there would be a positive campaign about the issues," Mallory said in a written statement. "David Pepper is letting those people down. David continues to run a negative divisive campaign that is not at all good for the city of Cincinnati."