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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
    I guess when the truth's no longer an option for a defense, a good handful of sand in the face and a technicality start to look like a plan

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#8)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:07 PM EST
    Some folks here seem to take at face value the accusations that Earle was in fact in the jury room during deliberations. AFAIK, Earle has denied this, and even if DeLay's attorney has managed to round up a few of the usual suspects to make such a claim, that hardly makes it true. One thing about the article; it talks about grand jury testimony being under seal. But that's not what DeLay wants (or maybe he wants that as well). Sounds like his attorneys want to question the jurors themselves about whether Earle was there.... That's a different matter. Cheers,

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#9)
    by demohypocrates on Sat Dec 17, 2005 at 01:07:07 PM EST
    Speaking of Earle. how come this hasnt received much attention:
    Travis County District Attorney Ronnie Earle has subpoenaed two officials at the Free Enterprise Fund in connection with ads the conservative group has run criticizing him for his indictment of former House Majority Leader Tom DeLay (R.-Tex.).
    I know its Christmas season and the ACLU is real busy, but you'd think they'd show some concern over an attempt to censor by subpoena.

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#10)
    by Sailor on Sat Dec 17, 2005 at 01:07:07 PM EST
    I guess when the truth's no longer an option for a defense, a good handful of sand in the face and a technicality start to look like a plan
    Yep, that 'speedy trial' keeps getting delayed by delay. Imagine that. (BTW, mainsailset, I like your handle;-)

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#11)
    by demohypocrates on Sat Dec 17, 2005 at 01:07:07 PM EST
    Yeah, he really escaped those conspiracy charges on a hyper technicality - the US Constitution's ban on ex post facto laws.

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#12)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:07 PM EST
    I know its Christmas season and the ACLU is real busy, but you'd think they'd show some concern over an attempt to censor by subpoena.
    Perhaps DA Earle feels this is interfering with an ongoing criminal investigation. If that is the case, he has a valid complaint. This type of advertisement can taint the jury pool. Here is a copy of the subpoena.

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#13)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:07 PM EST
    Darn, Link didn't take... Sorry TL. Second try

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#14)
    by demohypocrates on Sat Dec 17, 2005 at 01:07:07 PM EST
    macro, by the same token, do you think Deguerin has a right to subpoena Jeralyn, or any of the commenters on this website? It could very easily be argued that comments made here taint the jury pool. How about editorialists of Texas newspapers that lambast Delay on a daily basis? How about MoveOn.org which has continuously called for his head? Its a scary world where prosecutors have the power to silence those who are critical of them. Is that the America you want to live in? Also, what 'ongoing criminal investigation'? Charges have been filed.

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#15)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:07 PM EST
    macro, by the same token, do you think Deguerin has a right to subpoena Jeralyn, or any of the commenters on this website?
    Good question about Jeralyn... I don't know. I suppose he could... TL, care to answer this? As far as the commenters on this site... No. We are insignificant.
    Also, what 'ongoing criminal investigation'? Charges have been filed.
    That doesn't mean the investigation is over.

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#16)
    by jimakaPPJ on Sat Dec 17, 2005 at 01:07:07 PM EST
    Arne writes:
    even if DeLay's attorney has managed to round up a few of the usual suspects to make such a claim, that hardly makes it true.
    Uh Arne. Your "usual suspects" are grand jurors who were in the room. So they should know, eh?

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#17)
    by demohypocrates on Sat Dec 17, 2005 at 01:07:07 PM EST
    Also, what 'ongoing criminal investigation'? Charges have been filed. That doesn't mean the investigation is over. Agreed. The filing of charges does not end the investigation, but I still dont see how criticism hinders it. Btw - you aren't insignificant. ;)

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#18)
    by cpinva on Sat Dec 17, 2005 at 01:07:07 PM EST
    in truth, while the allegations leveled by delay's atty. will no doubt prove as meritless as mr. delay's time spent in congress, i kind of hope the trial never gets started. it's lots more fun watching the congressman twist in the wind, than to actually have some final resolution. kind of like a bug dying a slow, painful death, from poison. now that's entertainment!

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#20)
    by Edger on Sat Dec 17, 2005 at 01:07:08 PM EST
    cpinva: kind of like a bug dying a slow, painful death, from poison... now that's entertainment! It is, isn't it? A mouse stuck to a glue board trap by his tail also comes to mind. It's truly The Passion of the DeLay. :-)

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#21)
    by jimakaPPJ on Sat Dec 17, 2005 at 01:07:08 PM EST
    DA - The grand jurors aren't being asked to testify in a "trial." They are being asked to testify in a hearing if the DA has violated the law by being in the GJ room improperly.

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#22)
    by jimakaPPJ on Sat Dec 17, 2005 at 04:05:39 PM EST
    Dearest charliedoesntsurf10 shmendrik: My, my, you continue to impress me with your abilities. Of course it is usually helpful if you actually make a point rather than a "claim." Especially when you want to talk about dunking basketballs. And Shaq and Bush…. Repeat after me, the subject was about Delay changing venues. You brought up another subject, and I merely said we would have to wait and see. Your response was to launch into a personal attack/rant, complete with name calling. Heck, with that response, I don’t have to feign superior intellect to you. You prove it for me.

    Re: Tom Delay Supboenas Grand Jurors for Misconduc (none / 0) (#23)
    by Sailor on Sat Dec 17, 2005 at 05:11:18 PM EST
    Ahh, once again, nothing but personal attacks from the repub voter. Next!

    Tom Delay Supboenas Grand Jurors for Misconduct Hearing | 21 comments (21 topical)