DeLay's Lawyers Subpoena DA,:

[babylonsister]

ripped from cal04:

DeLay's lawyers subpoena district attorney
Edited on Tue Oct-11-05 04:50 PM by cal04

Lawyers for indicted Rep. Tom DeLay on 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.

http://www.dallasnews.com/sharedcontent/dws/news/politi...

[sonias]

1. There is quite a bit of flailing by DeLay and his defense team

And that's what DeGuerin gets paid for. Distract potential jurists from the real crime. I know someone who served on the grand jury that did not indict DeLay. He can really only say he was on the grand jury and that they heard the case. Who the grand jury members were, is public information. Anyone who is giving away more specific information from having served on the jury, is violating the secrecy of the grand jury. There is a whole lot about the secrecy oath and the statute in John W. Dean's article in FindLaw with a pretty good summary of the legal tactics so far. But my favorite part is the part where the arrogant DeLay is out there trying to defend himself and making his case a lot easier for the prosecutor. Sort of hanging himself with his own rope.

http://writ.news.findlaw.com/dean/20051007.html
The Case Against Tom DeLay: What Has Happened To Grand Jury Secrecy In Texas?

(snip)
DeLay's Foolish Untruthful Public Statements About The Case

One experienced criminal defense attorneys (from Texas, who is following the case closely) volunteered his surprise that DeLay was going around to radio and television shows to speak out on the matter. DeLay has visited Rush Limbaugh's show, Sean Hannity's, and Chris Mathews's "Hardball" to mention a few. At each stop, DeLay repeats his claim that the grand jury had no basis, no evidence whatsoever, to indict him.

"It is just not smart for a criminal defendant to blabber on," the attorney told me. "Those public statements will come back to haunt Tom DeLay in a courtroom, probably early next year." I asked that he be more specific.

This attorney said he had watched DeLay contradict himself on "Hardball," and then, apparently, lie about never having been requested to appear before the grand jury. I pulled the transcript.

Go ahead DeLay keep talking on the circuits.

Sonia

[NoPasaran]

2. Take all the rope you want, Bug Boy

We'll make more.

[sonias]

3. DeLay lawyers seek prosecutors' records (related story today)

http://www.statesman.com/metrostate/content/metro/stories/10/12delay.html
Motions follow up on allegations of prosecutorial misconduct.
(snip)
"At some point a prosecutor could step over a line," Dix said. "But, as a matter of Texas law, I have no idea where that line is."

He said a judge would probably demand that DeLay's lawyers provide evidence for why they believe prosecutors acted improperly with grand jurors.

"To do something dramatic like this, you normally have to lay some groundwork," Dix said. "As a general rule, it is clear a defendant cannot attack an indictment based on information the grand jury heard or didn't hear."

Although the first instinct of judges might be to protect a grand jury, Dix said it is possible that a judge would allow DeLay to call the jurors to testify about the allegations of misconduct by prosecutors.

I hope this case doesn't get too muddled. Let's hope that whatever case DeGuerin thinks he has for prosecutorial misconduct is vague enough to just get thrown out. Maybe the judge should be admonishing the jurists that are violating their oath of secrecy.

Sonia

[sonias]

4. Pdittie's got links to more blog coverage from all over

Thanks PDittie. Makes it easy to get the round up from just one site.

http://brainsandeggs.blogspot.com/2005/10/deguerin-subpoenas-earle.html
DeGuerin subpoenas Earle
You know what this reminds me of?

Sometimes even when you spray, and stomp, and stomp again, that nasty little bastard's antenna keeps twitching.

But he will die soon enough (as the cartoon above demonstrates).

Cartoon on home page
http://brainsandeggs.blogspot.com/

Sonia