10/07/2005

DeLay Asks That Indictments Be Set Aside - Yahoo! News

WASHINGTON - Former House Majority Leader
Tom DeLay's legal team asked Friday for his Texas indictments to be set aside, accusing the prosecutor of misconduct.

DeLay's attorney, Dick DeGuerin, alleged in a court motion that Travis County District Attorney Ronnie Earle unlawfully participated in grand jury deliberations when he went to a second grand jury last week to seek a second indictment against the congressman.

DeGuerin also alleged that Earle "attempted to browbeat and coerce" the second grand jury to change its decision not to indict DeLay so there would be no public record of a rejection.

DeGuerin said the indictment forced DeLay to step down from his job as majority leader, the No. 2 position in the U.S. House, for a crime that did not exist in Texas law.

DeLay was indicted Sept. 28 on a charge of conspiracy as a grand jury's term was expiring. But questions were raised about whether the law on which the indictment was based was in effect at the time of the alleged conspiracy.

Earle went to a second grand jury still in session, but that grand jury declined to vote an indictment. On Monday, a third grand jury indicted DeLay on money laundering charges.

Earle's office did not immediately comment.

DeLay Asks That Indictments Be Set Aside - Yahoo! News

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