Court rejects DA's motion in DeLay case
The Texas Court of Criminal Appeals today rejected the state's motion for rehearing on its June dismissal of a criminal conspiracy indictment against former U.S. House Majority Leader Tom DeLay.I think Earle may have to fold on his DeLay case. He has no evidence tying him to the alleged acts and hoped to pull him in with the conspiracy count which the court threw out. If he does what he did in his failed prosecution of Kay Bailey Hutchison, he may wait until the trial actually starts before retreating.
The decision clears the way for Travis County District Attorney Ronnie Earle to move toward trial for DeLay and two associates on other pending charges of money laundering and conspiracy to launder money.
Houston attorney Dick DeGuerin, who represents DeLay, has filed motions to move the trial from Travis County and alleging that Earle engaged in prosecutorial misconduct in securing the indictments after presenting the matter to a series of grand juries.
The prosecution has been marked by bad faith on the part of the DA's office from the beginning. It was apparently done to get DeLay out of his leadership position and out of Congress. It was successful in that regard, but another failed prosecution just makes the earlier effort look all the more like the criminalization of political differences which has marked the Democrats in recent years.