Democrat to Decide DeLay's Trial Motion

[Rose Siding]

AUSTIN, Texas - The decision on who will preside over former House Majority Leader Tom DeLay's criminal case will be up to a retired state judge with a reputation as a nonpolitical mediator.

Bell County Senior Judge C.W. Duncan, 81, was selected to consider DeLay's request that state district Judge Bob Perkins not oversee his trial on conspiracy and money laundering charges.
...
Perkins has contributed money to candidates and Democratic causes that oppose DeLay.

Duncan, also a Democrat, scheduled a Nov. 1 hearing for arguments on DeLay's motion.

Duncan, appointed to the bench in 1978 by Democratic Gov. Dolph Briscoe and elected in 1980 and again in 1984, is low-key about his politics, say friends and colleagues.

"He's not driven by politics and personality," said longtime Bell County District Attorney Cappy Eads. "I had Judge Duncan rule for me and rule against me both many times. Even in disagreement, I always felt that he was guided by his interpretation of the law and what he felt was the right thing to do."

AP via Yahoo

[Name removed]

1. Deleted message

Message removed by moderator. Click here to review the message board rules.

[merwin]

I have a feeling he's not going to have to step down from the case.

[truthisfreedom]

2. in the spirit of Nelson...

HA-HA!

[JudyM]

3. great news... at least it will be fairly reviewed.

[goforit]

8. Most certainly!!!

[Tight_rope]

4. I hope that have not bought him off...or worse...got dirt on him!

[John Q. Citizen]

6. It's a lot tougher to enforce dirt on an 80 + year old. They aren't

going to ruin any chance he has of having a career, for instance.

[Tiggeroshii]

5. Wow.

It's not looking as if any of these guys with power are getting exactly what they want.

Let's hope it stays that way.

[maximovich]

7. AHA!!!!! (nt)

[HillDem]

9. This trial will only be fair

If John Roberts, Scalia, or Miers is the judge.

[maddezmom]

10. kick

[Judi Lynn]

11. Longtime Texas Democrat to decide DeLay recusal motion

Thursday October 27, 2005

Longtime Texas Democrat to decide DeLay recusal motion

By April Castro
Associated Press

AUSTIN - A retired Central Texas judge with a reputation as a non-political mediator will decide who presides over former House Majority Leader Tom DeLay's criminal case.

Bell County Senior Judge C.W. Duncan, 81, was selected to consider DeLay's request that state district Judge Bob Perkins not oversee his trial on conspiracy and money laundering charges.

Perkins has contributed money to several Democratic candidates and organizations, including 2004 presidential candidate John Kerry and Moveon.org, a liberal interest group waging a “Fire Tom DeLay” campaign through radio ads.

DeLay, who is accused of masterminding a political fund-raising scheme that helped put more Republicans in the Texas Legislature and Congress, contends Perkins is too much of a Democrat to give him a fair trial.

Duncan, also a Democrat, set a Nov. 1 hearing in Austin to listen to arguments before deciding on DeLay's motion.
(snip/...)

http://www.heralddemocrat.com/articles/2005/10/26/texas_news/state05.txt



C. W. Duncan

[bowens43]

12. So the implication is that

only a Republican can give DeLay a fair hearing. Complete bullshit.

[Moosepoop]

13. Now watch Delay appeal this, too.

He'll object to a Democratic judge deciding on whether he can be judged by a Democratic judge. :eyes: