Posted on 11/18/2005 12:51:56 AM PST by flattorney
- War of Words and Subpoenas Continues in DeLay case -
AUSTIN - Travis County District Attorney Ronnie Earle has defended himself against accusations of prosecutorial misconduct for going to multiple grand juries to obtain a money-laundering indictment against U.S. Rep. Tom DeLay.
In court filings this week, Earle said taking the case to three separate grand juries was neither improper nor illegal, and he opposed efforts by DeLay's attorneys to obtain access to information about secret grand jury proceedings. (But Earle's grand jury polling and results presentation is highly illegal - fla)
1.) DeLay's lawyer, Dick DeGuerin of Houston, countered late Thursday by issuing subpoenas for several grand jury members to testify at a pretrial hearing Tuesday.
There was no immediate response from Earle. But assistant District Attorney Carl Bryan Case Jr., in a brief filed earlier Thursday, told the presiding judge that DeLay's earlier efforts to subpoena the district attorney and two staffers "seems to be a publicity stunt and not a true attempt to discern the facts of what happened." (Gee, a new Earle ADA mouthpiece on the scene. One Earle staff attorney has quit over this Ronnie scam, and DeGuerin has already subpoenaed Earle's two primary ADA's, with one stating publicly that none of Earle's ADA's/lawyers wanted to persue this bogus DeLay charge. - fla)
2) The district attorney's office also filed written arguments against DeLay's motion to have his trial transferred from Austin to Fort Bend County, his home.
Asks For Dismissal - - On the misconduct accusations, DeGuerin has asked visiting state District Judge Pat Priest to throw out charges of money laundering and conspiracy to commit money laundering against DeLay. DeGuerin contends that Earle and his prosecutors violated grand jury secrecy and improperly influenced a grand jury to indict DeLay. DeGuerin had complained to Priest that Earle had not responded to his allegations of prosecutorial misconduct and said he would not be able to pursue the matter at Tuesday's hearing unless Priest authorized him to interview grand jury members.
The indictment alleges DeLay, R-Sugar Land, and two associates were involved in a scheme to send $190,000 in corporate money to the Republican National Committee in exchange for legal donations to seven Texas House candidates in 2002. Texas law bans corporate donations to candidates. DeLay, Jim Ellis and John Colyandro deny any wrongdoing. The indictment was returned during a flurry of activity by prosecutors between Sept. 28 and Oct. 3. DeLay originally was indicted Sept. 28 by a grand jury whose term was expiring on a charge of conspiracy to violate state election law. But DeGuerin raised questions about whether the conspiracy statute applied to state election law prior to 2003. That prompted Earle to ask a second grand jury on Sept. 29 and 30 to indict DeLay on money laundering charges. That grand jury declined and returned a no-bill favoring DeLay.
Grand Jury Controversy - - DeGuerin has accused prosecutors of trying to keep that no-bill secret. (Prima facia evidence. The 2nd GJ No-Bill was NOT filed on a proper and timely basis by Earle's office. It was only filed after the 3rd GJ indicted DeLay, (within 3 hours of originally be convened) with Earle using polling data before the 3rd GJ from the 1st GJ, but not the 2nd . There's no controversy, it's highly illegal on face value - fla)
Earle, in a court filing by Case Jr., said the no-bill was turned over to the court clerk as soon as it was returned. (Outright fraudulent statement - fla). "The prosecutors did nothing to conceal the no-bill from the public," Case's brief said. During the weekend of Oct. 1-2, prosecutors called members of the first grand jury to ask them whether they would have considered a money-laundering indictment against DeLay. Case noted that the grand jury had originally returned money-laundering indictments against Ellis and Colyandro in 2004.
Case said the former grand jurors were called to tell them there might be a technical problem with their original indictment and to ask whether they would have considered money-laundering charges against DeLay. Case said the grand jurors also were reminded "not to talk to anyone" regarding anything that transpired in the grand jury. Former Foreman William Gibson had told an Austin radio station that Earle had encouraged him to talk to the news media about the DeLay case.
A third grand jury returned the money-laundering indictment against DeLay on Oct. 3. Case said prosecutors presented the case to the grand jury but were not there when it deliberated the charges against DeLay, Ellis and Colyandro. DeGuerin had accused Earle, a Democrat, of trying to "coerce" an indictment against DeLay. Case denied that.
He also said that DeGuerin had failed to present a sufficient cause to "pierce grand jury secrecy." As an alternative, he proposed that the judge could require the grand jury forepersons to privately answer the defendant's questions in the judge's chambers.
>>>Elsewhere Tuesday, a Minnesota jury acquitted a former state GOP chairman of charges similar to those against DeLay. Ron Eibensteiner had been indicted on a misdemeanor charge of violating Minnesota's ban on corporate money by forwarding a $15,000 corporate donation to the Republican National Committee and having the money returned to a gubernatorial candidate. <<<
(This is good news, because unlike DeLay, the prosecutors had documents nailing Eibensteiner. It looked pretty cut and dried from a review of the documents. Eibensteiner was careless. Another win against the Dems Soros~Shadow Party Mob. Further, Earle's ADA monkeys have already admitted in Court that they have NO specific document nailing DeLay in the $190,000 criminal indictments. It already of Court record. - fla)
Very interesting. Maybe Earle himself will be doing a perp walk.
I would be grateful if you would put me on your ping list.
Looking at your home page is most gratifying. I shall read all of the links.
jury-shopping
bookmark
Me thinks you're right.
Hopefully DeLay can teach other Republicans how to stand up to Democrats.
Who is going to give the other Republicans a SPINE....
Can't stand erect without a spine.....or balls.
Semper Fi
How about EarleFizzzzzmas day! The day that both Delay and Libbey indictments are thrown out of court for lack of validity, merit or content. Of course, there would be banner headlines throughout the MSM acknowledging Themselves to have been wrong for accusing innocent men of perjury and conspiracy. (yeah, right, sarcasm/off).
I still believe that Delay's Right to due process has been
violated, even though as you have pointed out in the past, due process does not arise at the Grand Jury level. I believe this is an opportunity to move due process into the Grand Jury venue.
I agree with the attorney mis-match in the case BUT , the goal of the Dems is to keep Delay from organizing the GOP in Congress around voting policy of the President. They have partially succeeded at this and its a rotten day for Democracy, and for those who elected Tom.
Ouch! that's going to leave a mark. You mess with the Hammer and ...
JV - is this what you call ballin' the jack?
"And they that rolleth a stone, it shall return upon them."
Thanks for the informative, ongoing posts..question..wouldn't it make more sense to get the change of venue decided first, before going ahead with all these other matters?
I do not understand the benefit of GJ secrecy in the first place? Is it meant to protect the innocent? Or to protect the prosecution?
Typical Pubbie Congressinal balls...
I would think prosecutorial misconduct would be one of the reasons used for a venue change, if not outright dismissal.
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