DeLay Lawyers Subpoena District Attorney

[cal04]

Lawyers for indicted Rep. Tom DeLayon 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.

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.

http://news.yahoo.com/s/ap/20051011/ap_on_go_co/delay_prosecutor