DeLay's prosecutors lack a key document

[MarkTwain]

Oct. 15, 2005

DeLay's prosecutors lack a key document

They don't have list of candidates at the heart of the laundering case, just a 'similar' one
By R.G. RATCLIFFE

AUSTIN - Travis County prosecutors admitted Friday they lack physical proof of a list of Republican candidates that is at the heart of money-laundering indictments against U.S. Rep. Tom DeLay and two of his associates. The list is key to prosecutors being able to prove that corporate money that could not be legally spent on Texas candidates was specifically exchanged at the national level for donations that legally could be spent on Republican candidates for the Texas House.

Indictments against DeLay, Jim Ellis and John Colyandro state that Ellis gave "a document that contained the names of several candidates for the Texas House" to a Republican National Committee official in 2002 in a scheme to swap $190,000 in restricted corporate money for the same amount of money from individuals that could be legally used by Texas candidates.

But prosecutors said Friday in court that they only had a "similar" list and not the one allegedly received by then-RNC Deputy Director Terry Nelson. Late in the day, they released a list of 17 Republican candidates, but only seven are alleged to have received money in the scheme.

- SNIP -

'Astonishing, astonishing'
DeLay's lawyer, Dick DeGuerin of Houston, was not present in court Friday. But he later said the lack of a list "destroys" District Attorney Ronnie Earle's case against the three men. "That's astonishing, astonishing that they would get a grand jury to indict and allege there is a list and then they have to admit in open court the first time they appear in open court that there is no list," DeGuerin said.

http://www.chron.com/cs/CDA/ssistory.mpl/politics/3397339


... in a week which otherwise lifted the spirits and souls of all progressives on so many fronts, this is not a good sign.

Thoughts?

[liberalnurse]

1. The right wing owns the media and

journalist....I'm hedging my bet and money on Earle being savvy. Remember, this is just the inditement...not the entire case. Discovery is an ongoing process.

[napi21]

2. Can't Earl get that through the discovery portion of the investigation?

I know that's the way it worked in the investigations I was involved in.

[SeanQ]

5. Indeed that is what discovery and depositions

are for. They have enough evidence to press the case. They will now subpoena the people and docs needed. It then becomes a question of whether or not documents have been illegally destroyed, and if so, are staffers willing to purger themselves to cover up. Company secretaries aren't usually willing to, but political staff? That would be my only worry at this point.

[unblock]

3. rw spin all the way

a physical list would probably make a great piece of evidence but it is hardly essential. for one thing, the prosecutor might be able to show that it was destroyed.

for another thing, who on earth, other than delay's lawyer, would claim that without a physical list there is no case? c'mon, this isn't like a murder case without a dead body. in such cases, there usually isn't a physical list in the first place. i mean, usually the criminals aren't so stupid as to write it all down on a piece of paper. if the dollar amounts and dates of payments line up, that's a damn good case.

if $15,300 is transferred from account a to b, then the next day from b to c, then the day after that from c to d, well, that's gonna sound pretty convincing to a jury that the money was intended to go from a to d all along and just took a circuituitous route.

[Kagemusha]

6. He's obviously read the 'CSI spoils juries' articles.

He's trying to say that with no list (and no list without DeLay's literal fingerprints on it) there's no case.

[lateo]

4. There was an article in the South Bend Tribune this week...

that said Delay's PAC gave $100,000 dollars to Chris Chocola's campaign. I wonder if that money was laundered too.

[tulsakatz]

14. Sullivan from OK accepted DeLay money too

I figure if anyone is getting money from DeLay, it's probably laundered already.

[stepnw1f]

7. It's a Great Sign of Desperation

the Right Wing better be verrrrry careful. They may be a case in jury influence.

I think we should campaign to out the Right wing Media machine! I wonder if Move On would be interested in working with Mediamatters on this.

[bemildred]

8. It will take more than this sort of bullshit to get Bugman off the hook.

DeLay is making all the noise he can because he knows the
facts are against him. If the facts were on his side, he
would be talking about that. Instead we get these efforts
to obfuscate the issues.

[newscott]

9. I'm willing to bet that one piece of paper will not

make or break this case.

This is posturing plain and simple.

[Lexingtonian]

10. Why buy DeGuerin's claim?

I don't see how having the list matters, specifically. It matters if you want to prosecute high level people at the RNC, but not at the Texas end.

DeGuerin's claim works if you assume a context of a Texas jury that biases for DeLay, and the present evidence.

I don't see this stuff ever getting to such a jury trial.

[interestedparty]

11. Oh man, no freaking way...

If it turns out that this was a critical document the
GJ needed to see before being able to justify an indictment -
in light of all the other evidence, I'm going to barf
right here on this keyboard.

I would think they have more than enough evidence,
much of it already in the public domain, to warrent
an indictment.

[aquart]

13. Please don't buy every piece of garbage they spout.

Earle has prosecuted 15 dirty pols. He hasn't forgotten how to do it all of a sudden.

[VegasWolf]

16. Boy you sure are excitable, a defense attorney claiming the prosecutor's

case has no merit!! I'v never heard of such a thing.

[interestedparty]

17. Good point.

Point taken.

[newyawker99]

19. Hi interestedparty!!

Welcome to DU!! :toast:

[interestedparty]

21. Heya..

Thanks!

[Straight Shooter]

12. The "physical proof of a list" is merely the dirt on top of the coffin.

Earle and his associates just have to dig a little deeper and unearth the real body of evidence comprised of phone records, memos, emails, correspondence between involved parties, et cetera, et cetera.

I agree this is right wing spin, and if I may go further with my metaphors, DeLay's attorney is whistling past the graveyard.

[newscott]

15. Saying crap like this could also get him in more trouble

Now, let's have that list Mr. DeLay.

Umm, there's no list.

Well lets just turn over all your offices and residences to make sure you don't have one!:evilgrin:

[lovuian]

18. I think this is BS and someone scrambling for an out!!!

Ya can't take the money trail away from Delay!!!

[AlCzervik]

20. I have faith in Earle, there is no way he doesn't have a ton of evidence

he's not a fool and he knows how important this is.

[savemefromdumbya]

22. They really do fight to the last don't they?

If they did something wrong they should put their hand up and apologize but no, they are basically corrupt in nature www.TomDelay.com

[0007]

23. ......absolutely astonishing.............yap yap yappity yap yap.........

astonishing.......absolutely astonishing yap yap yap yap yap

[laureloak]

24. The damage has already been done. "DeLay is a crook and

everybody knows that."

Overheard an office Repub saying that.