December 15, 2005
Rep. Tom DeLay's attorneys filed a subpoena Thursday seeking the testimony of grand jurors, including those who indicted the former House majority leader and those who rejected charges.DeLay's legal team wants to prove prosecutorial misconduct by District Attorney Ronnie Earle, who they say "shopped around" the campaign finance case against DeLay to three different grand juries before finding one that would indict DeLay on money laundering and conspiracy charges.
State law prohibits prosecutors from attending grand jury deliberations, but the defense alleges that Earle unlawfully participated in the second grand jury's deliberations and tried to force those grand jurors to indict DeLay. Earle denies the allegations.
Grand jury testimony is secret and Earle does not have to release transcripts unless he's ordered to by a court, so the defense has asked Senior Judge Pat Priest to allow the grand jurors to testify.
DeLay's legal team points to a flurry of grand jury activity beginning with his initial indictment Sept. 28 on a charge of conspiring to violate state campaign finance laws in 2002.
A second grand jury considered the case after questions were raised about whether the appropriate law was used to indict DeLay. That panel did not indict.
Days later, a third grand jury indicted DeLay on more serious money laundering and conspiracy charges. That grand jury is still seated and is under oath not to discuss their proceedings.
Earle has said he went to the third grand jury after finding new evidence, which he didn't specify. In court documents, Earle maintains that the prosecutorial misconduct allegation is not a sufficient reason to violate grand jury secrecy.
Delay lawyer Dick DeGuerin said he would be prepared to argue the misconduct case at a Dec. 27 pretrial hearing with or without grand jury testimony.
"I don't think it's make or break, but it's very, very important," DeGuerin said. "We have other outside evidence to present."
My personal opinion is that Ronnie Earle will be very lucky if he manages to stay out of jail, much less retain his law license, after the amount of unethical and potentially illegal conduct he has engaged in as part of this politically-motivated vendetta.
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