Friday, October 07, 2005

DeLay's legal team files motion to have indictment tossed

Tom DeLay's attorneys have filed a motion to have the money-laundering indictment brought against him thrown out.

::::::::Former House Majority Leader Tom DeLay's legal team asked a court Friday to throw out his indictment, arguing that a Texas district attorney "attempted to browbeat and coerce" grand jurors into filing criminal charges.

Prosecutor Ronnie Earle "and his staff engaged in an extraordinarily irregular and desperate attempt to contrive a viable charge and get a substitute indictment of Tom Delay before the expiration of the statute of limitations," DeLay's attorney Dick DeGuerin said in a court filing alleging prosecutorial misconduct.

"These claims have no merit," Earle said in a statement. "Because of the laws protecting grand jury secrecy, no other comments can be made. The investigation is continuing."

DeGuerin alleged that Earle unlawfully participated in grand jury deliberations when he went to a second grand jury last week to seek a second indictment against the Texas Republican. He also said Earle illegally discussed grand jury information and encouraged others to do the same.

Yes, that's right. Earle tried to get his original grand jury to return an indictment and couldn't do so before it expired. So he convened another and couldn't get one there, either. So he finally goes to a third grand jury (the 2nd in a couple of days, which is what the story was talking about) and manages to get a indictment returned in a couple of hours. Bear that in mind: this jury was given couple of hours to look at evidence - supposedly - that a previous jury had weeks to go over. And all that was with Earle getting to speak to them completely alone and out of the public eye. It's been said you can get an indictment on a ham sandwich and I believe getting one on a politician is likely easier.

Guess we'll find out what the next move is after the judge rules next week.