Prosecutors Appeal Dismissed DeLay Charge

[jefferson_dem]

Prosecutors Appeal Dismissed DeLay Charge
By APRIL CASTRO, Associated Press Writer

AUSTIN, Texas - Prosecutors asked a judge Monday not to let Rep. Tom DeLay's trial begin while they appeal the dismissal of one of the three campaign-finance charges against the former House majority leader.

If Judge Pat Priest agrees to a delay, it could be another blow to DeLay's hopes of regaining his leadership post.

The Texas Republican was forced to step down under House GOP rules after being charged earlier this year, and he cannot regain his post as long as he remains under indictment. For that reason, he has asked for a dismissal of the case, or else a prompt trial, in hopes of becoming majority leader again when Congress reconvenes in late January.

Last week, Priest dismissed a conspiracy charge against DeLay but refused to throw out far more serious allegations of money-laundering. District Attorney Ronnie Earle served notice Monday that he intends to ask an appeals court to reinstate the conspiracy charge.

Priest has indicated he is unlikely to move forward with the case while the district attorney appeals the dismissal.

<SNIP>

http://news.yahoo.com/s/ap/20051212/ap_on_go_ot/delay

[lovuian]

1. Ok this is Delay's worst nightmare HA HA HA!!!

Dontcha love it!!!

[rodeodance]

2. Esrle knows Buggy wants a fast-track trial. te he!!

[rodeodance]

3. nominate

[Geoff R. Casavant]

4. The truly ironic thing is

the argument DeLay's attorney used to get the judge to throw out the conspiracy charge would have been just as effective at trial, and resulted in an unappealable directed verdict of acquittal.

[Timefortruth]

8. There is no guarantee that a jury

would have see it that way. A bird in the hand and all that.

[Geoff R. Casavant]

9. The point is the judge can always direct a verdict

of acquittal even if the jury convicts.

[Timefortruth]

12. Yes, but it's uncommon

far better to avoid the trial altogether.

[TankLV]

11. No - the Judge ruled that it was not a spelled-out crime when it was

committed like it is now!

THAT's why it was "thrown out" - he was guilty as sin of the charges - it just wasn't an "official" crime yet.

Big difference.

[Geoff R. Casavant]

15. Let me explain a bit

A directed verdict has little to nothing to do with actual guilt or innocence -- can be based on constitutional evidentiary matters like a coerced confession, or the judge can rule at the close of the case that the government has not met its burden, or that the act was not criminal when completed.

[Demeter]

5. Oooh! That's Just EVIL!

Leaving DeLay twisting in the wind like that...and the whole GOP legislature, and Texas, and this is fun.

[VegasWolf]

6. Happy Holidays DeLay you penis face! nt

[Beetwasher]

7. Fuckin' A Man! DeLay Will Have A Caniption!!!!! Way To Go Earle!!!

:rofl:

Oh well, guess it won't be done by the end of January. Hastert might as well not delay the opening of congress to help the bugman out. LOL!

That's what you get for being a stupid prick Delay. Why don't you try and go judge shopping again and smear the prosecutor some more, you idiot. LOL!

I swear, these nasty, small minded little dickwads are their own worst enemies and it's fun to watch.

[TankLV]

10. Great news - HA HA HA!

delay must be PISSED!

[jazzjunkysue]

13. Wait! I think he's responsive. Yes! He's smiling! Don't pull out is feedin

g tube just yet!

It's too easy. really.

More cowbell!

[truthisfreedom]

14. we can't go having those charges dropped, now can we? especially when

he's guilty as sin! looks like ol' Earl is puttin' delay's name to good use. bugman tom should'a never tried to get those charges dropped... he's gone and screwed himself good.

[Judi Lynn]

16. Earle asks to stay DeLay proceedings

Dec. 12, 2005, 11:05PM
Earle asks to stay DeLay proceedings
Wait for appeal could threaten bid to regain his post as majority leader

By JANET ELLIOTT
Copyright 2005 Houston Chronicle Austin Bureau

AUSTIN - Travis County District Attorney Ronnie Earle asked a judge Monday to stay all proceedings in the money-laundering case against U.S. Rep. Tom DeLay while he appeals the dismissal of a related conspiracy charge.

If granted, a stay could hamper DeLay's efforts to get a January trial. An early trial is key to the Sugar Land Republican's hopes to regain his position as House majority leader.

Kevin Madden, a spokesman for DeLay, said the "decision to appeal shows that Ronnie Earle is only interested in persecution by prosecution."

"The judge's decision to swiftly dismiss Ronnie Earle's baseless and manufactured indictment last week was the correct decision then, and it will be the correct decision when this hopeless attempt to appeal is ultimately rejected," said Madden.
(snip/...)

http://www.chron.com/disp/story.mpl/politics/3520675.html

[annabanana]

17. Is this motion to stay partly because

the Justice Dept is looking into the redistricting debacle? Or did Delay violate the spirit of the law (well, of course he DID, but does it figure into Earle's motion) in the conspiracy charges that were dropped.. is that a reason to stay?

[Judi Lynn]

19. I have a feeling the judge did this before hearing the S.C.

will be looking at the redistricting map. I heard about the prosecutor's appeal of the judge's dismissal of one of three charges a day or two days ago, and the stay looks connected to that. Here's a different thread from Monday:

jefferson_dem (1000+ posts) Mon Dec-12-05 05:53 PM
Original message
Prosecutors Appeal Dismissed DeLay Charge
Prosecutors Appeal Dismissed DeLay Charge
By APRIL CASTRO, Associated Press Writer

AUSTIN, Texas - Prosecutors asked a judge Monday not to let Rep. Tom DeLay's trial begin while they appeal the dismissal of one of the three campaign-finance charges against the former House majority leader.

If Judge Pat Priest agrees to a delay, it could be another blow to DeLay's hopes of regaining his leadership post.

The Texas Republican was forced to step down under House GOP rules after being charged earlier this year, and he cannot regain his post as long as he remains under indictment. For that reason, he has asked for a dismissal of the case, or else a prompt trial, in hopes of becoming majority leader again when Congress reconvenes in late January.

Last week, Priest dismissed a conspiracy charge against DeLay but refused to throw out far more serious allegations of money-laundering. District Attorney Ronnie Earle served notice Monday that he intends to ask an appeals court to reinstate the conspiracy charge.

Priest has indicated he is unlikely to move forward with the case while the district attorney appeals the dismissal.

<SNIP>

http://news.yahoo.com/s/ap/20051212/ap_on_go_ot/delay

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=1982188

[annabanana]

21. thanks..

I'm waiting for the the spokes-boobies to start spouting the anti-Earle howls..

[Thom Little]

22. deleted-nevermind

deleted

[annabanana]

23. ,

:spank: . . .lol

[truthisfreedom]

18. who would'a thought his name would foreshadow this trial's progress?

the thing about criminal conspiracy is that you can't always get everyone to cooperate. especially an untouchable like Ron Earle.

[Binka]

20. Perfect!

Delay Delay! Hurrah!

[Toots]

24. Maybe Delay should start spending more of his "controversial" money

airing attack ads against a Texas State prosecuter and see what other surprises might be in store for him...Smart move "hammer"