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DeLay's Lawyer Charges Jury Shopping

Tom DeLay's attorney Dick DeGuerin Wednesday accused DA Ronnie Earle of jury shopping. After the first grand jury returned its conspiracy indictment, DeGuerin filed a motion to dismiss alleging the statute he was indicted under wasn't in effect at the time of the offense. Ergo, no crime. So Earle conceived of the money laundering charge and took it to a new grand jury on Friday. The grand jury refused to indict. On Monday, Earle took the case to a third grand jury, which returned the Indictment after four hours.

Travis County District Attorney Ronnie Earle had gotten one grand jury to indict DeLay on Sept. 28 on a charge of conspiring to violate state election laws. Two days later, a second grand jury rejected Earle's attempt to indict DeLay on money laundering charges. But a third grand jury on Monday gave Earle the money laundering indictment he sought.

Earle tried to justify the move by saying DeLay was trying to back out of his statute of limitations waiver in the first case. DeGuerin cries foul:

"Ronnie's set a record for three grand juries in five days. Getting rejected by a grand jury should put an end to the efforts," he said. "There's no new evidence. The new evidence is he knew we were on to his game and knew we were going to file the motion to dismiss."

Earle didn't say what his new evidence was.

There's also news about the ex-deputy sheriff that served as Grand Jury Foreperson that indicted in the first case. This could be a bigger problem for Earle:

William Gibson, the foreman of the grand jury that returned the first indictment against DeLay, said in an interview with Austin radio station KLBJ on Wednesday that he was friends with a Democratic candidate who had been defeated by the corporately funded ad campaign run by the Texas Association of Business in 2002.

James Sylvester, one of the losing Democratic candidates who has sued the business group, worked at the Travis County sheriff's office. Gibson is retired from that same office. Gibson said newspaper stories about the TAB's activities, which were coordinated with TRMPAC, convinced him that improper political activity had occurred before he ever was on the grand jury.

Grand jurors from Friday's "no-bill" grand jury spoke to the press yesterday, saying Earle was angry when they wouldn't indict.

The sources, who only commented anonymously because of grand jury secrecy, said Travis County prosecutor Ronnie Earle became visibly angry when the grand jurors last week signed a document declining to indict, known as a "no bill."

One source said the sole evidence Earle presented was a DeLay interview with the prosecutor, in which DeLay said he was generally aware of activities of his associates. He is charged in an alleged money laundering scheme to funnel corporate money to Texas legislative candidates in violation of state law.

The source said that Earle tried to convince the jurors that if DeLay "didn't say, 'Stop it,' he gave his tacit approval." The mood was unpleasant," another source said, describing Earle's reaction.

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    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:43 PM EST
    My prediction: It'll never go to trial. Earle got his headlines- what he wanted all the time. and Delay definately wants to avoid a trial.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:43 PM EST
    The source said that Earle tried to convince the jurors that if DeLay "didn't say, 'Stop it,' he gave his tacit approval."
    The boss knows that his subordinates are committing crimes in the course of carrying out their duties for the organization, and doesn't tell them to stop? Sure sounds criminal to me . . .

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:43 PM EST
    So now because of your "loyalty" (aka sucking up to the big boys) you are shilling for DeLay, repeating republicaan smears, attacking the prosecutor and not offering a single bit of information to the contrary. I thought this was Talk Left, I guess I was wrong.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:43 PM EST
    I thought this was Talk Left, I guess I was wrong.
    First, I read the post as reporting the defense's arguments, not endorsing them. Second, if you want a prosecutor's take on criminal proceedings, don't ask a criminal defense attorney. Third, our side beleives in constitutional rights and fair proceedings even for our enemies--that's what makes us lefties. We can't give up on that, even when DeLay is being prosecuted, if we want to keep our souls.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#5)
    by Jlvngstn on Sat Dec 17, 2005 at 01:04:43 PM EST
    Liberal coverage does not equal or mean biased coverage or head in sand coverage. For those of you who missed it: Welcome to TalkLeft, the on-line source for liberal coverage of crime-related political and injustice news. TalkLeft was created by Denver-based criminal defense attorney Jeralyn Merritt in 2000 as a companion site to CrimeLynx®, the criminal defense practitioner's Guide to the Internet. In June, 2002, TalkLeft was converted into a weblog. Since then, it has received more than 7 million visitors. TalkLeft is not a neutral site. Our mission is to intelligently and thoroughly examine issues, candidates and legislative initiatives as they pertain to constitutional rights, particularly those of persons accused of crime. Talkleft is intended for the public, journalists covering crime-based news and politics, policy makers and of course, the criminal defense community. TalkLeft was a unique voice in the 2000, 2002 and 2004 elections, as it will be in 2006, concentrating on exposing injustices in the criminal justice system and, in particular, those of the current administration. TalkLeft is written by Jeralyn Merritt, with frequent contributions by T. Christopher Kelly of Madison, WI. and John Wesley Hall of Little Rock, AR, who also writes daily at Fourth Amendment.com.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#6)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:43 PM EST
    DeLay is damaged goods. He needs to do some forward career-planning. Maybe he could get a job as a fundraiser.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#7)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:43 PM EST
    our side beleives in constitutional rights and fair proceedings even for our enemies--that's what makes us lefties.
    I never said Delay shouldn't get a fair hearing.
    Welcome to TalkLeft, the on-line source for liberal coverage of crime-related political and injustice news.
    So, DeLay; a rich powerful republican is a victim of an injustice? That's what he says (“Earle is a partisan fanatic”), I don't believe it.
    Our mission is to intelligently and thoroughly examine issues, candidates and legislative initiatives as they pertain to constitutional rights, particularly those of persons accused of crime.
    The post was hardly a through examination, it was just a repetition of smears that were printed in a newspaper without a word to the contrary. Do you know that all of these claims made by DeGuerin are fact before you reprinted them here? Fact checking them would be responsible, repetition of partisan claims is not.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#8)
    by scarshapedstar on Sat Dec 17, 2005 at 01:04:43 PM EST
    Never thought I'd see a liberal troll on TL, but opiyun has pulled it off. You win the JR award; your statue of an ostrich with its head in the sand is forthcoming.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#9)
    by Aaron on Sat Dec 17, 2005 at 01:04:43 PM EST
    Of course we all know Tom Delay would never lie for political purposes: "Terri Schiavo is not brain-dead; she talks and she laughs, and she expresses happiness and discomfort. Terri Schiavo is not on life support." - Tom DeLay, March 20, 2005 These indictments of Tom Delay are just the tip of the iceberg, which if we can still rely upon the FBI, the IRS, the Treasury Department, and the Interior Department, should soon be coming to light. Like the Watergate investigations, the layers of the onion are just starting to peel back, and hopefully will eventually reveal the rotting corrupt malignancies growing at the core of American body politic. See Frank Rich's editorial in the New York Times In the Beginning, There Was Abramoff

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#10)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:43 PM EST
    You win the JR award; your statue of an ostrich with its head in the sand is forthcoming.
    Head in the sand? Care to explain? Let me tell you where I'm coming from, I was troubled by the post a couple of weeks ago where the poster said that because of "loyalty" to DeGuerin they weren't going "bash DeLay" anymore. So now I am even more troubled by this post today, it is essentially shilling for DeLay and repeating a political smear with no word to the contrary or even an attempt to fact check. When a judge, government official or prosecutor has a conflict of interest they are required to recuse themselves from the investigation.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#11)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:43 PM EST
    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#12)
    by BigTex on Sat Dec 17, 2005 at 01:04:43 PM EST
    DeLay is damaged goods.
    They were saying that abot Kay Bailey, who got of on a technicality IIRC. She was dubbed an unstoppable gorilla after she was cleared. Way too early to say what will be the future for Delay, though if he is cleared it will likely gain him enough sympathy vote to offset any harm caused by the indictments.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#13)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:43 PM EST
    So what? Prosecutors are allowed to shop of a grand jury. The constitution only prohibits two trials before a petite jury, and jeapordy doesn't attach until it is sworn. Earle can try to get indictments for a dozen grand juries and the only time it matters is when they indict.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#14)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:43 PM EST
    Ever play poker in a stacked game? You are dealt a straight and the shill gets a flush; you get a flush and the shill gets a full boat. Bottom line, the American people are in a stacked game, the corporations stack the deck, the lawyers deal the cards and the politicians are the shills. Even if DeLay is convicted dubya will pardon him and he’ll be right back in the game. We are so screwed.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#15)
    by squeaky on Sat Dec 17, 2005 at 01:04:44 PM EST
    ranger-Yes, but if the whole house of stacked cards fall we will get a new corporate sponsored government. At worst perhaps less obviously corrupt, at best less corrupt. Indictments, even with pardons will shift public opinion for the '06 and '08 elections.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#16)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:44 PM EST
    The Tom Delay Scandal Documents Center has a complete collection of the essential memos, articles, timelines, legal documents and other key materials in the exploding Delay corruption case, including: - Newly released TRMPAC memos and emails showing Delay's involvement - Timeline of the Delay-Blunt fund swapping scheme - Latest on the Abramoff and Safavian cases - The Delay indictment documents Check it out here.

    Re: DeLay's Lawyer Charges Jury Shopping (none / 0) (#17)
    by scarshapedstar on Sat Dec 17, 2005 at 01:04:44 PM EST
    Opiyun, I hate Delay just as much as you do, and I don't impugn Earle's motives, but it does seem that there have been some screwups. I do agree that part of this post is incorrect, but the foreman's loose lips could prove troublesome, and I'd rather he be discussed than ignored.