RaptureRH
Advanced Member
Member # 5120
|
posted
Oct. 4, 2005, 4:46PM
New grand jury adds charges against DeLay
Congressman is now accused of laundering; his lawyer calls it 'Keystone Kops'
By R.G. RATCLIFFE and CLAY ROBISON
Copyright 2005 Houston Chronicle
AUSTIN - A new Travis County grand jury hurriedly reindicted U.S. Rep. Tom DeLay on a charge of conspiring to violate state election laws and added two charges related to money laundering Monday after DeLay's lawyers challenged the validity of an indictment returned last week.
Travis County District Attorney Ronnie Earle's office described the reindictment as procedural, but DeLay attorney Dick DeGuerin portrayed it as an effort to correct what he described as an embarrassingly flawed indictment against the Sugar Land Republican.
"Apparently, no one cracked a book before they issued that first indictment," DeGuerin said. "This is a mess. This looks like Keystone Kops."
DeLay was forced to step down as U.S. House majority leader after he was indicted on a conspiracy charge returned by a grand jury that had spent six months hearing testimony in an investigation led by Earle.
It was the third grand jury to hear the case.
Earle's office took the case back to a new grand jury that was impaneled at about noon Monday to reindict DeLay and add the money-laundering charges.
Two DeLay associates — John Colyandro and Jim Ellis — also were reindicted on conspiracy and money-laundering charges.
Colyandro and Ellis had been indicted on a money-laundering charge last year.
Earle offered little comment or explanation of the new indictments, and refused to take calls from the Houston Chronicle.
"This indictment consolidates previous charges against John Colyandro and Jim Ellis ... and adds Congressman DeLay as a party defendant to money laundering," said a statement issued by Earle's office.
Money laundering is a first degree felony punishable by five years' probation to life in prison, with a fine of up to $10,000.
Conspiracy to commit money laundering is a second degree felony punishable by two years' probation to 20 years in prison with a fine of up to $10,000.
DeGuerin said the new indictment was returned after he filed a motion to dismiss the original indictment against DeLay. The original indictment alleged DeLay was involved in a conspiracy to violate state election laws in a scheme to convert corporate money into cash that was available for 2002 Republican state House candidates.
DeGuerin said the problem with that indictment was state law was not changed to make the conspiracy indictment apply to the state election laws until 2003 — a year after the supposed violation. He said the quick turnaround with a new grand jury showed Earle's case against DeLay was improvised.
"It proves a district attorney can lead a grand jury around like a bull with a ring through its nose," DeGuerin said.
DeLay's statement
DeLay issued a statement blasting the indictments. He has said he has done nothing wrong.
"Ronnie Earle has stooped to a new low with his brand of prosecutorial abuse," DeLay's statement said. "He is trying to pull the legal equivalent of a 'do-over' since he knows very well that the charges he brought against me last week were totally manufactured and illegitimate."
The investigation has focused on the activities of the DeLay-founded Texans for a Republican Majority, or TRMPAC. Earle claims the committee, Colyandro and Ellis raised corporate money to influence 2002 legislative races in violation of state law.
The money laundering indictments involved $190,000 in restricted corporate money that was sent to the Republican National State Elections Committee. The national committee returned $190,000 in donations from individuals to seven Texas House candidates.
Two criminal defense and election law experts interviewed by the Chronicle said Earle's original indictment of DeLay is likely to be upheld by the courts.
University of Texas law Professor George Dix said he wasn't sure why a new indictment was necessary because the Penal Code in 2002 made it a crime to conspire to commit any felony.
Dix said it was a felony in 2002 to use corporate money to try to influence the outcome of an election.
He said the fact the law was changed in 2003 to specifically include the election code under conspiracy should be irrelevant. "I don't see the necessity for the 2003 law," he said.
'Belt and suspenders'
Austin attorney Buck Wood, who represents losing Democratic candidates in a civil suit against corporations that contributed to TRMPAC, called the new charges a "belt and suspenders indictment. It means you don't take any chances."
Wood agreed with Dix that the conspiracy charge already was covered by the penal code in 2002 but also noted that all nine members of the Texas Court of Criminal Appeals, which would review any convictions, are Republicans.
"With the Court of Criminal Appeals, it is probably not a bad idea to go ahead and have all your bases covered," Wood said.
Posts: 163 | From: Houston TX | Registered: Sep 2005
| IP: Logged | 
|
Printer-friendly view of this topic
