Election ad indictment Thrown Out

The Austin American Statesman ^ | June 30, 2006 | Laylan Copelin

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A state district judge dealt a crippling blow Thursday to the nearly four-year prosecution of the Texas Association of Business, throwing out a felony indictment against the state's largest business organization.

District Judge Mike Lynch ruled that 2002 pre-election ads produced by the group did not expressly advocate the election or defeat of Texas legislative candidates. Travis County prosecutors had said the group broke state election law by using corporate money to support candidates.

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Lynch's ruling put in doubt two other similar indictments pending against the organization by also discounting prosecutors' alternative theory that the ads became illegal when the association coordinated them with other political groups. Lynch called the prosecutors' argument "innovative" but concluded that state law does not cover it.

Austin lawyer Roy Minton, who represents the business association, predicted that Lynch's decision ultimately would be the end of the lengthy prosecution: "I believe the basic position the court has taken is going to make it very difficult, if not impossible, for the state to prosecute TAB."

Even as critics warned that the ruling would open the floodgates to more secret money in state politics, District Attorney Ronnie Earle said he would pursue prosecution of a fourth indictment accusing the association of making an illegal contribution to its own political action committee. He also will probably appeal Lynch's ruling.

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Ronnie Earle's jihad is running into trouble.

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Ronnie Earle begins every case with a major disadvantage: He is not a good attorney. Even when he has a good case, he cannot try it well.