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Tom Delay Supboenas Grand Jurors for Misconduct Hearing

By Jeralyn, Section Tom DeLay
Posted on Fri Dec 16, 2005 at 11:21:44 AM EST
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Was Texas prosecutor Ronnie Earle unlawfully present during the second grand jury's deliberations on Tom DeLay? DeLay's defense team thinks so - it has subpoenaed grand jurors to a Dec. 27 hearing on its motion to dismiss for prosecutorial misconduct:

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 lawyer, Dick Deguerin said he has other evidence and the grand jurors' testimony doesn't make or break the case, but it's very significant.

[Hat tip to Tom at Opinions You Should Have]

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    Tom Delay Supboenas Grand Jurors for Misconduct Hearing | 21 comments (21 topical)
    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:06 PM EST
    If this ploy works, is DeLay off the hook, or can Earle go to yet another Grand Jury and re-indict him?

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:06 PM EST
    A silly question, perhaps, but (assuming the charge is valid, which I doubt, considering Earle's the squarejohn of squarejohns) if the D.A. is not permitted to attend grand jury deliberations -- why didn't a judge or somebody else tell him to get the hell out?

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:06 PM EST
    Judges aren't present at grand jury proceedings. Neither are defense counsel. Besides witnesses, only prosecutors and their law enforcement agents are there. And a court stenographer.

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:06 PM EST
    Wouldn't law enforcement agents have had the authority to remind him that he shouldn't be there? Or should we not assume that the officers would know this was improper? I'm just wondering how the uber-straitlaced Travis County DA can just wander into a grand jury room that he shouldn't be in, in the most high profile case he's ever built, without anyone suggesting that maybe this wasn't a good idea. It strikes me as odd, as does DeGuerin's delay (no pun intended) in leveling this charge. And I would also wonder how DeGuerin found out. Again, all assuming the charge is valid, which I doubt. DeGuerin is the fellow who got a client acquitted of murder even though his client was convicted of dismembering her body, so I'm not likely to take his charges at face value.

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#5)
    by jimakaPPJ on Sat Dec 17, 2005 at 01:07:07 PM EST
    Constance writes:
    I'm just wondering how the uber-straitlaced Travis County DA can just wander into a grand jury room that he shouldn't be in,
    Desperation??

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#7)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:07 PM EST