DeLay Subpoenas DA Over Grand Jury Contacts
by Last Night in Little Rock
Rep. Tom DeLay's defense attorneys have subpoenaed DA Ronnie Earle and two assistants to testify concerning alleged improper contacts with the grand jurors that indicted DeLay as reported here in their effort to get the indictments dismissed. Earle and his assistants, however, refused the subpoena because they had not been issued by the court clerk, so defense counsel will have to get the clerk to issue the subpoena and do it again.
Indicted Rep. Tom DeLay's attorneys turned the tables on a Texas prosecutor Tuesday, delivering a subpoena to compel his testimony about his conduct with grand jurors. The prosecutor refused to accept the subpoena, a defense lawyer said.
Attorney Dick DeGuerin wants Travis County District Attorney Ronnie Earle and two of his assistants to testify, alleging prosecutors had improper contact with two grand juries that indicted DeLay and one that refused to file charges.
. . .
DeGuerin said acceptance of the subpoena was voluntary Tuesday because it had not been stamped by a court official, but added the defense team would go through the court procedure Wednesday and redeliver it. He said Earle, district attorney for Travis County, would then be obligated to accept the subpoena, but could file a motion to have it dismissed.
All well and good, but, if the indictment is dismissed on that ground and even if Earle is disqualified, what is to stop a Special DA from presenting the matter to a new grand jury and getting a new indictment? Nothing. But, there is always the chance the latter contingency will never occur.
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