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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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  • Re: DeLay Subpoenas DA Over Grand Jury Contacts (none / 0) (#1)
    by squeaky on Sat Dec 17, 2005 at 01:04:54 PM EST
    If deLay knows then someone in the grand jury leaked. Isn't it a crime for all the people who leaked as well as for those who drew the leak out.
    "Who in hell(sic) wants to get in the middle of a fight between a polecat and a skunk?" .....the grand jurors who have spoken out in this case; they are familiar with the evidence prosecutors must have adduced, before them, to convince them to indict. And what they are saying appears dangerously close to breaking their oaths of secrecy.
    fIndlaw/Dean

    Re: DeLay Subpoenas DA Over Grand Jury Contacts (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:54 PM EST
    You can subpoena the DA in a criminal case?

    Re: DeLay Subpoenas DA Over Grand Jury Contacts (none / 0) (#3)
    by cpinva on Sat Dec 17, 2005 at 01:04:54 PM EST
    You can subpoena the DA in a criminal case?
    i believe you can subpoena anyone. whether that subpoena survives a motion to quash is another matter entirely.

    Re: DeLay Subpoenas DA Over Grand Jury Contacts (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:54 PM EST
    The article you cited stated, "Earle said he had voluntarily accepted the subpoena." I believe DeLay is a slimebucket, and I sincerely hope Earle has the goods to remove said slimebucket from public service. If Earle fails, DeLay will still be a slimebucket, and he is coming down.

    Re: DeLay Subpoenas DA Over Grand Jury Contacts (none / 0) (#5)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:54 PM EST
    Earle's acceptance of the subpoena just means he waives the right to be served by process server. It doesn't mean he agrees to appear and testify. He can still file a motion to quash it.

    Re: DeLay Subpoenas DA Over Grand Jury Contacts (none / 0) (#6)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:55 PM EST
    OK, let me re-phrase my question: isn't there about a 100% certainty that this subpoena will be quashed? Wouldn't they be used in every case if they were legal, just for harassment purposes? I've never head of a prosecutor having to explain himself to a defense counsel during the pendency of a criminal case. Not that it is a bad idea....

    Re: DeLay Subpoenas DA Over Grand Jury Contacts (none / 0) (#7)
    by Che's Lounge on Sat Dec 17, 2005 at 01:04:55 PM EST
    I love Delay's strategy: "No, YOU are!"