Posted on 12/15/2005 4:59:44 PM PST by flattorney
AUSTIN (AP) -- Rep. Tom DeLay's attorneys filed a subpoena Thursday seeking the testimony of grand jurors, including those who indicted the former House majority leader and those who rejected charges.
DeLay's legal team wants to prove prosecutorial misconduct by District Attorney Ronnie Earle, who they say "shopped around" the campaign finance case against DeLay to three different grand juries before finding one that would indict DeLay on money laundering and conspiracy charges.
State law prohibits prosecutors from attending grand jury deliberations, but the defense alleges that Earle unlawfully participated in the second grand jury's deliberations and tried to force those grand jurors to indict DeLay. Earle denies the allegations. Grand jury testimony is secret and Earle does not have to release transcripts unless he's ordered to by a court, so the defense has asked Senior Judge Pat Priest to allow the grand jurors to testify.
DeLay's legal team points to a flurry of grand jury activity beginning with his initial indictment Sept. 28 on a charge of conspiring to violate state campaign finance laws in 2002 (Subsequently thrown out by Judge Priest on 12.05.05 - TAB). A second grand jury considered the case after questions were raised about whether the appropriate law was used to indict DeLay. That panel did not indict. Days later, a third grand jury indicted DeLay on more serious money laundering and conspiracy charges. >>>That grand jury is still seated and is under oath not to discuss their proceedings.<<<(Interesting Earle tactic - TAB)
Earle has said he went to the third grand jury after finding new evidence, which he didn't specify. In court documents, Earle maintains that the prosecutorial misconduct allegation is not a sufficient reason to violate grand jury secrecy.
Delay lawyer Dick DeGuerin said he would be prepared to argue the misconduct case at a Dec. 27 pretrial hearing with or without grand jury testimony. "I don't think it's make or break, but it's very, very important," DeGuerin said. "We have other outside evidence to present."
Also Thursday, DeGuerin sought to delay the filing of court records in an appeal by Earle until after the December hearing. The judge dismissed the conspiracy charge against DeLay that was linked to the state election code and part of the indictment charging conspiracy to launder money. Earle has appealed.
Once court records in that case are released to an appeals court, Priest loses jurisdiction and would have to wait to consider pretrial motions, including the misconduct claim, until the appeal is resolved. "We don't want that to happen yet, until Judge Priest has an opportunity to rule on pretrial motions," DeGuerin said.
Earle has declined to discuss the case with reporters in recent weeks. A spokesman for Earle's office did not return phone calls seeking comment.
Defense attorneys also will try to separate the money laundering charge from the conspiracy charges under appeal so that the case can move to trial. DeLay wants a quick resolution of the charges so that he can try to regain the powerful majority leader seat he was forced to give up when the charges were brought.
In a letter to attorneys last week, Priest said he probably wouldn't separate the charges because both arise from the same alleged offense and would involve "virtually identical evidence."
#snip#
Posted by TAB
BFLR
I hope Ronnie Earle isnt sleeping so well these nights.
He has stepped in the Dog Doo this time.
There should be some sort of Criminal charges against him, It is transparent that this whole case was brought forward to cripple the Republicans in the House. More Demorat Dirty tricks.
Good for Tom Delay. The best defense is often a strong offense.
Lets see Ronnie in Stripes.
Earle claims to have found new evidence in a couple of day after the 2nd grand jury refused to indict.
That's pretty good sleuthing since he's been at this Delay chase for three years.
The more you hear about Ronnie Earle, the more you disbelieve him.
Beat the criminal charges then destroy Earle, and a few involved others, is the order of business for Tom.
Judge Priest set a pretrial hearing for Dec 27, 2005 . - fla
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