Prosecutor objects to moving DeLay trial from Austin

By: APRIL CASTRO - Associated Press | Thursday, November 17, 2005 10:00 PM PST ∞

AUSTIN, Texas -- Rep. Tom DeLay's trial on conspiracy and money laundering charges should stay in Austin despite the former House majority leader's attempt to move it to his home county, a Texas prosecutor argued in court documents filed Thursday.

DeLay attorney Dick DeGuerin has requested that the trial be moved out of Travis County, contending that because the allegations involve election code violations, the proceedings should be moved to Fort Bend County, the GOP-leaning county where DeLay was voted into office.

But Travis County District Attorney Ronnie Earle argued that the allegations are criminal charges, not election code violations, and need not be moved to another jurisdiction.

The issue will be taken up Tuesday at a pretrial hearing.

DeLay is accused of funneling $190,000 in restricted corporate money from his Texas political action committee to an arm of the Republican National Committee, which then gave the same amount of money to Texas legislative candidates in 2002. The direct use of corporate money for political purposes is illegal in Texas.

In his requests to move the trial, DeGuerin has also cited "unrelenting and generally unfavorable" media coverage in liberal-leaning Travis County.

Defense attorneys claim DeLay would not get a fair trial in Austin because residents harbor ill-will toward him for his masterminding of a GOP-favoring congressional district map that split Travis County into three different districts.

According to recent voting trends, Fort Bend County is about as Republican as Travis County is Democratic.

Almost 58 percent of those who voted in DeLay's home county cast their votes for President Bush in the 2004 presidential election. In Travis County, 57 percent of voters backed Bush's Democratic opponent, John Kerry. Those voting patterns were consistent in both counties for other state races on that ballot.

Also Thursday, Earle refused to hand over grand jury documents that DeGuerin sought in connection with his allegations that the prosecutor engaged in misconduct by coercing jurors into charging DeLay.

DeLay was indicted Sept. 28 on a charge of conspiring to violate state campaign finance laws in 2002. A second grand jury considered the case after questions were raised about whether DeLay could be indicted under the law, which went into effect in 2003. That panel did not indict.

Days later, a third grand jury indicted DeLay on money laundering charges, which carry five years to life in prison on conviction, and conspiracy.

DeGuerin contends that Earle unlawfully participated in the second grand jury's deliberations, and that Earle tried to force those grand jurors to indict DeLay. Earle denies those allegations.

Earle has said he went to the third grand jury after finding new evidence. In court documents filed Thursday, Earle maintains that DeLay's argument is without merit and is not a sufficient cause to violate grand jury secrecy.

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