Posted on 12/17/2005 1:54:07 PM PST by flattorney
AUSTIN, Texas (AP) -- A state district judge said Saturday he will not immediately consider separating two criminal charges against Rep. Tom DeLay to allow an early trial, another blow to the former House majority leader's hopes of regaining his post.
Earlier this month, Senior Judge Pat Priest dismissed a conspiracy charge against DeLay but refused to throw out more serious allegations of money laundering. Travis County District Attorney Ronnie Earle served notice Monday that he intends to ask an appeals court to reinstate the conspiracy charge.
DeLay's attorneys had hoped Priest would separate the charges in an effort to move forward on the money laundering charge while waiting for the appeals court decision. DeLay, who denies wrongdoing, has been pressing for a quick resolution to his case so he can regain his majority leader job before his colleagues reconvene in late January and call for new leadership elections.
Priest rejected the defense bid on Saturday, saying he would not act until after the 3rd Court of Appeals of Texas rules in the case.
A spokesman for DeLay called the appealed charges "baseless." "We're confident that the appeals court will render a decision based on the facts and the law that agrees with this sentiment," spokesman Kevin Madden said.
>>Priest also canceled a Dec. 27 hearing at which he was expected to consider the defense team's allegations of misconduct against prosecutors who brought the charges.<<
DeLay was forced to step aside as majority leader in late November after he was indicted on state charges of conspiracy to violate Texas election laws. A second grand jury indicted him on charges of conspiracy to launder money and money laundering charges.
Posted by TAB
This has just gone way out of control thanks to partisan prosecuting attorney's, which shows just how dangerous they are when they're in power.
The appeals court is loaded with Republicans. If they want to expedite this, they can.
I am also bothered that Delay doesn't seem to be entitled to his own trial. It would seem that if individuals are not allowed to demand their own trials, their rights could be seriously undermined if their codefendents turn against them (in ways other than the codefendants' appearing as witnesses, which would of course be allowable in any case).
See the "Texas Judicial System & Appellate Courts (as it relates to Tom DeLay's case)" Section in "The DeLay Chronicles". Immediate appeals court in this case, Texas 3rd Court of Appeals, is 1/2 Reps and Dems Judges, with a Rep Chief, but the last appeals court of resort, Texas Court of Criminal Appeals, is 100% Rep Judges. Texas is one of only two states where the State Supreme Court hears only civil cases, and DeLay's is criminal. (Oklahoma is the other State) - TAB
The fix is in. The judge is in cahoots with Earle.
Delays Revenge
Part 1
Sue the State of Texas for 10 Billion Bucks for not firing an incompetent hack.
Part 2
Sue each member of the 3rd Grand Jury. Might make all grand juries think twice.
Part 3
Pursue and impeachment trial of all judges involved in the case.
It won't fly but I can dream can't I.
Maybe Priest is religious and just doesn't want to blow his Christmas holiday on this matter or be pressured. Just a counterpoint. - TAB
Per "The DeLay Chronicles", "Current Hot Topics & Comments" Section:
12.08.05 - FR Post: "Evidently the Judge (Priest) is in on the Dems-Earle fix".
FlAttorney says: Tom DeLay, his "camp", DeGurein and DeLay's criminal trial attorney's, and "Friends for Tom" all supported Judge Priest hearing DeLay's case. Priest's selection to hear this case was no accident, without further public elaboration. So let's give him a chance in this very high stakes political poker game. DeLay has no worries in beating Earle's bogus charges, only in receiving accelerated rulings and a trial, to his preference. I, and others, can already tell Judge Priest doesn't like to be pushed and appears to react to it somewhat against DeLay's interest.
Let's also remember, as delineated in The DeLay Chronicles, in the Judicial Section, the Texas Courts of last resort appeals are 100% Republican Judges. In Texas criminal cases, the "Texas Court of Criminal Appeals" is the court of last resort, not the Texas Supreme Court.
One more thing, DeLay's House Majority Leadership position is very secure, despite all the estrogen biased, Dems slant, media banter. It would be February 2006 before the matter could even be taken up by the House. - fla
Who says this is a "blow to DeLay" ?
Is there any way he can move for an expedited appeal?
As you may recall, Judge Onion saw Earle's stall tactics a mile a way, and refused to make key rulings until after the trial commenced, which meant that Earle would be unable to keep Hutchison's case active while it went up on appeal. Once a trial commences, the prosecutor must proceed or the case will be dismissed, with prejudice.
This makes me wonder about why DeGuerin pushed for a pre-trial dismissal of this indictment if he was so eager for a quick trial..
This should be referred to a Caucus committed for a decision based on their best judgment whether the charges are of substance or just a likely political attack.
The member would then serve provisionally until such time as their trial begins when they would temporarily step aside pending the outcome.
This would take the political assassination tool out of the Dem's hands.
These guys know how to play hardball...we don't.
It's time we pushed back.
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