DeLay's lawyer lacking evidence of DA misconduct

[Judi Lynn]

Oct. 18, 2005, 11:16PM

DeLay's lawyer lacking evidence of DA misconduct
But as DeGuerin seeks grand jury records, experts call Earle's role strange, not wrong

By JANET ELLIOTT
Copyright 2005 Houston Chronicle Austin Bureau

AUSTIN - U.S. Rep. Tom DeLay's chief lawyer says he has no evidence that Travis County District Attorney Ronnie Earle participated in grand jury deliberations, despite having made that allegation in motions to dismiss DeLay's indictments.

But Houston attorney Dick DeGuerin said there have been enough public comments by grand jurors in news media reports to raise suspicions that Earle may have violated laws in his efforts to indict one of the most powerful Republican politicians in the nation.
DeGuerin is seeking access to grand jury records to develop possible evidence of misconduct on Earle's part. He has subpoenaed records from two of his assistant district attorneys related to their dealings with three grand juries that investigated DeLay.
(snip)

Secrecy is a long-standing hallmark of grand jury proceedings. It is designed to protect innocent people under investigation as well as prevent those being investigated from fleeing or trying to bribe grand jurors or witnesses.

Legal experts on grand juries say it's unlikely that the defense team will be given access to the records or that DeLay will be able to prove anything serious enough to get his charges thrown out.
(snip/...)

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3402899
(Free registration required)

[LynnTheDem]

1. OMG I am so SHOCKED!

Just SHOCKED, I tell ya!!!

Ok not. :D

[Tiggeroshii]

2. PSsshhhh this isn't news! What are the talking about?

A substantial lawsuit would be the last thing you'd expect from a guy like DeLay..

:eyes:

[aquart]

3. Just another terra! threat. Taint nuttin to it atall.

[hang a left]

4. Hi Judi Lynn

Have you seen this article? I just found it tonight.

--
The Case Against Tom DeLay: What Has Happened To Grand Jury Secrecy In Texas?
By JOHN W. DEAN
----
Friday, Oct. 07, 2005

What is one to make of the criminal charges against Tom DeLay?

I spoke with several knowledgeable Texas lawyers, of both parties, about the case against DeLay; they were willing to speak, but only off-the-record. Or, as one put it, "Who in hell wants to get in the middle of a fight between a polecat and a skunk?"
Click here to find out more!

(I don't like unidentified sources. But I will use them in this column, only because they are sharing nothing more their expertise, no inside information. They were offering their professional "speculation," if you will.)

There is no speculation, however, by the grand jurors who have spoken out in this case; they are familiar with the evidence prosecutors must have adduced, before them, to convince them to indict. And what they are saying appears dangerously close to breaking their oaths of secrecy.

The Charges Against DeLay

The (now) former Majority Leader of the U.S. House of Representatives was indicted on September 28, and again on October 2, by two different Travis County, Texas grand juries. The second indictment is far more serious than the first.

snip>

http://writ.news.findlaw.com/dean/20051007.html

[Judi Lynn]

6. That's an article well worth the time it takes to stop everything & read!

It's a real help for those of us who haven't aren't too familiar with what's going on there, yet, and it clears up a LOT of confusion.

Hearing that he's out bragging, swaggering around the talk shows, saying things which will come back to bite him later is icing on the cake. Go, Tom, Go!

It's a great article. Sure glad you've posted it here. What a find.I'm giving it two Tom Delay giant, angry roaches! Thanks a lot, hang a left.

[0007]

5. Dick DeGuerin is doing his job to make Tom feel like he's getting

his nickles' worth.
Tom, Dick and who?

[zbdent]

7. Grand jury testimony is supposed to be secret and not

published to the press

unless it's about a Democratic President . . .

[gademocrat7]

8. Ronnie Earle has been a prosecutor for a long time.

He knows the law and he knows how to go after criminals. It's time for the bug man to go to prison.

[skids]

14. Yeah this charge is soooo dubious.

When I was on a GJ, the mere mention of starting deliberations was enough to make the DA start stacking his papers and get ready to high-tail it out of the room. No real DA even thinks of "participating" in deliberations no matter how ignorant the jurors are of the impropriety that would represent.

[Canuckistanian]

9. I think the judge could probably sort this out pretty quickly

Sideshow's over. Let the trial begin!

[Tight_rope]

10. No surprise to me...DeLay is grabbing at straws to keep from falling!

[yellowcanine]

11. Grand jurors need to shut their damn mouths. And Delay has no right

to know what went on between the prosecutor and the grand jury. He is on thin ice here and his lawyer is darn near a contempt citation if he is filing motions alleging things for which he has no evidence.

[koopie57]

12. so that explains the dopey lawsuit

Delay filed last Friday. Something about unlawful prosecution or something. It was a means to get to the grand jury documents. He must be very worried.

[Hobarticus]

13. Clutching at Cheerios, hoping for a life preserver...

That gurgling sound is your client, slipping under, pal.

[AlCzervik]

15. Delay is in big trouble and he knows it.

[tex-wyo-dem]

16. Doesn't appear the smear campaign against Ronnie Earle is going too well..

Ain't that a shame.

Come to think of it, not many of the RW smear campaigns have gained much traction lately. Wonder why? Could it be that the American people are finally wising up to the culture of corruption?

[Rose Siding]

17. Journamalistic Truthiness

The headline apes DeLay's lawyers claims as factual. :eyes:

[struggle4progress]

18. When the going gets tough, Republicans lie. eom

[Patsy Stone]

19. Shock! Horror! Who'da thunk?

Smoke and mirrors. More smoke and mirrors.

[Straight Shooter]

20. And yet more shock and horrors!

Dogs and ponies everywhere, I tell ya, everywhere!

[Patsy Stone]

21. Flea Circus.

You also get these timeless timeless classics:

"These aren't the 'droids you're looking for."
"Pay no atttention to that man behind the curtain."

and...

"Nothing to see here, just move along now..."

I've seen this movie before. :)

[No Exit]

22. I hope the judge SLAMS Tommy and his sleaze lawyer...

as would ANY JUDGE who had a defendant who tried spurious crap like "subpoenaing the prosecutor".