Jan. 23, 2007, 1:57PM
State to argue for reinstating DeLay charge
By KELLEY SHANNON
Associated Press
AUSTIN — A part of the criminal case that helped drive former U.S. House Majority Leader Tom DeLay from public life is hanging on the Texas Court of Criminal Appeals, which will hear arguments Wednesday about whether a dropped conspiracy charge against him should be reinstated.
Prosecutors want the charge reinstated, but lawyers for DeLay and two co-defendants contend a lower appellate court got it right — that the law was not in effect when the alleged conspiracy occurred in 2002.
DeLay's trial on remaining felony conspiracy and money laundering charges must wait until the state's highest criminal court rules, which could be weeks or months after Wednesday's hearing.
DeLay, who resigned his seat in Congress last summer, wants to get the criminal case behind him, said his attorney, Dick DeGuerin of Houston. DeLay is not expected to attend the hearing.
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After an extended court fight that ultimately prevented the Republican Party from placing a new candidate on the November election ballot, DeLay withdrew from the race. A write-in Republican candidate couldn't muster enough voter support, and DeLay's seat is now held by Democratic Rep. Nick Lampson.
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http://www.chron.com/disp/story.mpl/front/4492277.html