Prosecutor Ronnie Earle complains that the decision to dismiss a charge against Tom Delay because it did not exist in Texas law at the time the alleged offense was committed somehow "skews" justice.

A Texas prosecutor said in court filings Friday that the state's highest criminal appeals court created a "separate — but not necessarily equal — system of justice" by refusing to reinstate a conspiracy charge against former House Majority Leader Tom DeLay.

Travis County District Attorney Ronnie Earle wants the Texas Court of Criminal Appeals to reconsider its decision.

Last month, the court refused to reinstate charges against DeLay and two former aides of conspiracy to violate campaign finance laws.

A state district judge threw out that charge after defense lawyers argued that the law DeLay is accused of violating in 2002 wasn't written until 2003.

A regional appeals court upheld the judge's decision. Prosecutors appealed to the Court of Criminal Appeals. The Republican-controlled panel ruled 5-4 in favor of DeLay and his co-defendants, John Colyandro and Jim Ellis.

Apparently Earle thinks that enforcing the constitutional prohibition on ex post facto laws somehow creates a two-tiered justice system. I suppose it does, in a sense -- one that allows prosecution for offenses that the accused could have known were illegal, and another that forbids the prosecution of offenses that would have required the defendant to have precognitive abilities to know that they were breaking a law not yet written.

But then again, justice has been skewed in a two-tiered fashion during the entire process.

What other person would Earle or any other prosecutor have invented an entirely new charge to indict him for -- one that did not exist at the time of the alleged offense?

What other individual would have been the subject of presentations of the same evidence to multiple (I believe it was six) grand juries before an indictment could be obtained -- including at least three in one weekend?

For what other individual would a prosecutor break grand jury confidentiality laws over so that he could massage his presentation to a future grand jury?

Yes, justice is skewed in this case -- against Tom DeLay by a rogue, partisan prosecutorial hack whose words and actions have betrayed a partisan animus in his use of the the powers of his office to undermine the justice and overturn the results of valid elections?

Posted by: Greg at 01:44 AM | No Comments | Add Comment
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