Posted on 11/11/2005 3:44:25 PM PST by new yorker 77
AUSTIN, Texas - Rep. Tom DeLay's attorneys asked for internal documents from the local prosecutor, hoping to show he went after the powerful Republican despite opposition from grand juries.
Delay's attorneys asked Democratic District Attorney Ronnie Earle to provide any internal communications from his office that argued against indicting the former House majority leader.
Earle's office declined to comment on Thursday's written request from defense attorney Dick DeGuerin. The request asks for "internal notes, memoranda or documents which recommend against seeking an indictment against Tom DeLay."
The letter asks that Earle let the defense know "whether you will voluntarily produce these documents."
Delay's legal team hopes the documents will bolster their arguments that the money laundering and conspiracy charges against DeLay should be dropped.
Judge Pat Priest has scheduled a Nov. 22 conference to meet with attorneys.
DeLay was indicted on a conspiracy charge Sept. 28. A second grand jury considered the case after questions were raised about when the law on which the conspiracy charge was based went into effect, but the panel returned no indictment.
Days later, a third grand jury indicted DeLay on money-laundering charges, which carry five years to life in prison on conviction.
Earle has said he went to the third grand jury after finding new evidence.
DeGuerin contends that Earle unlawfully participated in the second grand jury's deliberations to seek another indictment, and that Earle tried to "browbeat and coerce" grand jurors into filing criminal charges.
A House rule forced DeLay to step down from his post as majority leader after he was indicted.
" A House rule forced DeLay to step down from his post as majority leader after he was indicted."
The MSM is incredibly stupid. It is a REPUBLICAN house rule. Dems have no such rule. Convenient oversight.
Doesn't a prosecutor have to share evidence with the defense? How else is the defense going to be able to adequately prepare for hearings and or a trial? Seems like Delay should have access to these materials.
DeLay has a really good attorney.
Believe so, it is part of discovery.
Yes. MSM bilge slimes this report.
Earle is finding out fast that he is not the only one with attorney smarts and privileges.
BTW: WHO is in his stead? I never heard the name.
POst of the week, good job!!
thank you and bump!
While I am admittedly ignorant of Texas criminal procedure, my professional intuition tells me that the request is more of a press release than a genuine attempt to obtain discoverable exculpatory information.
Second discovery can be pretty broad reaching being designed to develop evidence that can be used at trial.
Either their is evidence that some in the prosecutors office realised that the original indictment was very weak, or there wasn't. Either way, DeLay wins.
At first I thought this discovery request might be a press ploy, now I have no doubt that's exactly what it is.
More---I have no dog in this fight and I'm approx. 1,100 from the fray. Thus, there's no even a hint of ideological orientation in my comments or loyalty to a congressman whom I don't know and in whom I don't the first ounce of interest in his guilt or non-guilt (there's a difference between innocence and non-guilt, ask a local lawyer).
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