Posted on 10/11/2005 2:47:02 PM PDT by flattorney
AUSTIN -- Dick DeGuerin, lawyer for indicted Rep. Tom DeLay on Tuesday subpoenaed the prosecuting Texas district attorney in an effort to show he acted improperly with grand jurors.
The subpoena for Travis County District Attorney Ronnie Earle, filed in Austin, asked that the prosecutor and two of his assistants appear in court to explain their conduct.
The lawyers, previously had filed a motion asking for dismissal of the conspiracy and money-laundering charges against DeLay, the former House majority leader who has stepped aside from that post because of the indictment.
Dick DeGuerin, DeLay's attorney, also asked that grand jurors be released from their secrecy oath so they could answer questions about the prosecutor's conduct.
Gotta love Delay. He's a fighter.
LOL! This is going to be a good fight to watch! Go DeLay!
I have a hammer
Know how to use it well
And I've got a song to sing
All over this land
It's a hammer of justice
It's a hammer of freedom
And it rings like a bell
All over this land
I am Tom the Hammer
I hammer out a warnin'
To Bubba Sue Earle
His dog'll be in mournin'
When I tree him like a squirrel
Leni
LOL!
Note: State District Judge Bob Perkins is on vacation and that is the reason there has been no date set for a ruling on DeLay's two Motion's to Quash. Also remember that the first pre-trial appearance for DeLay isn't until Oct. 21. - fla
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UPDATE: DeLay Lawyers Issue Subpoenas for Prosecutors
Motions follow up on allegations of prosecutorial misconduct
Sources: HouChronicle/AP/AAS/Personal
Oct. 11, 2005, 8:30 PM EDT
WASHINGTON — Lawyers for indicted Rep. Tom DeLay today subpoenaed the prosecuting Texas district attorney in an effort to show he acted improperly with grand jurors. The subpoena for Travis County District Attorney Ronnie Earle, filed in Austin, asked that the prosecutor and two of his assistants appear in court to explain their conduct.
The lawyers previously had filed a motion asking for dismissal of the conspiracy and money-laundering charges against DeLay, who stepped aside as House majority leader because of the indictment. Dick DeGuerin, DeLay's attorney, also asked that grand jurors be released from their secrecy oath so they could answer questions about the prosecutor's conduct.
DeGuerin wants Earle to answer 12 questions about conversations he had with grand jurors, including whether the prosecutor became angry when a grand jury decided against an indictment of DeLay and why the decision was not publicly released. He also wants to know the details of Earle's conversation with William Gibson, foreman of a grand jury that indicted DeLay on conspiracy charges and whose term has since ended. "If you did nothing improper, you should not be concerned about answering these questions," DeGuerin said in his letter to Earle. Earle had no immediate comment on the subpoena.
Earle, leading a Texas campaign finance investigation that indicted DeLay and two political associates, went to three grand juries. He presented evidence on DeLay's alleged role in funneling corporate money to Texas legislative candidates in violation of state law. The first grand jury indicted DeLay on conspiracy charges, the second failed to indict and the third indicted him on an allegation of money laundering. DeLay has said he is innocent of wrongdoing. DeLay has accused Earle — a Democrat — of pursuing the case against him for political reasons. Earle has denied any political motives.
In a motion filed last week, the defense team said that from Sept. 29 through Oct. 3, Earle and his staff "unlawfully participated in grand jury deliberations and attempted to browbeat and coerce" the grand jury that refused to indict DeLay. The motion said Earle then attempted to cover up and delay public disclosure of the refusal, and also "incited" the foreman of the first grand jury to violate grand jury secrecy by talking publicly about the case — in an effort to influence grand jurors still sitting.
The lawyers said Earle then spoke about the case with members of the first grand jury, whose work was finished, to get their opinion of what they might have done if they had known their conspiracy indictment was flawed — as defense attorneys alleged. Earle then submitted the grand jury opinions to the third grand jury to persuade it to hand down the money laundering indictment, the defense team contended. The indictments against DeLay triggered a House Republican rule that forced him to step aside — at least temporarily — from his post as majority leader.
In a letter sent today, DeLay lawyer Dick DeGuerin warned Earle and two associates, Rosemary Lehmberg and Rick Reed, that he would be seeking their testimony, particularly about reports that prosecutors polled one group of grand jurors after their terms ended. DeGuerin also accused Earle of encouraging a grand jury foreman, William Gibson, to speak to reporters. DeGuerin is asking for all documents, notes, telephone records and other relevant materials from Earle's staff. "I am determined to put on record the steps taken by you and your staff to obtain a replacement indictment against my client, Tom DeLay," DeGuerin said in a letter to the prosecutor. To speed up his inquiry, DeGuerin asked Earle to voluntarily submit to questioning by DeLay's lawyers.
If only DeLay were Senate Majority leader....
Indeed.
I just hope this mess is over soon.
The Hammer is a great role model for the Republican party. Pubbies need to take a few lessons and stop being pansies.
WELL DONE. Let's get an inditment of Earle to drive the Dims NUTSER.
From your mouth to Gods ears.
I got the beer, someone get the popcorn and chips, this is going to be fun to watch
BTTT
What kind of beer? Oh, never mind, I'll drink anything!
I worship the gound you walk on. :-)
This is another thread I will keep checking to see the what the outcome turns out to be, and want to see the Travis DA in stainless steel bracelets.
Hoping ronnie earle is toast ping......
Can you add me to the Toast Ronnie Earle ping list please?
I once had a case against Dick DeGuerin. He is an incredibly persuasive orator.
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