DeLay cleared of conspiracy charges
Patrick George
Posted: 4/20/06
original
A Texas appeals court ruled Wednesday to dismiss felony charges of conspiracy against U.S. Rep. Tom DeLay, R-Sugar Land, affirming a lower court's decision to remove one of the indictments against him.
Although DeLay still faces charges of money laundering, the three-judge panel unanimously ruled that he could not face charges of conspiring to violate the Texas Election Code, a decision originally made by District Judge Pat Priest in December. In March, Travis County District Attorney Ronnie Earle's prosecution team attempted to reinstate the charge.
Although the Legislature amended the election code in 2003 to incorporate a conspiracy offense, DeLay is charged with conduct that took place in the 2002 elections.
"They agreed with what we've been saying all along, and they did so unanimously, that 30 years of precedent are not to be overturned," said Dick DeGuerin, DeLay's attorney. "Ronnie Earle is charging us with crimes that are not on the books."
Earle said in a written statement that his office is studying the opinion of the court to determine what course of action they will take next.
DeLay announced earlier this month that he will resign from Congress. The representative has faced much turmoil during the past few years, including being associated with lobbyist Jack Abramoff, who pleaded guilty to of fraud and conspiracy charges. Tony Rudy, one of DeLay's former staffers, pleaded guilty in March to conspiracy charges while he was working for DeLay from 1995 to 2000.
DeGuerin said that DeLay's case is on hold as long as Earle continues to appeal, but the defense team plans to file more pleadings soon. © Copyright 2006 The Daily Texan
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