Message for the Conservative armchair Lawyers re: DeLay/Earle

[Sandpiper]

It doesn't matter that Ronnie Earle is a Democrat. He could be a member of the Socialist Workers party and it would still have no bearing on the case.

Why? Simple:

PROSECUTORS DO NOT ISSUE INDICTMENTS


Let me say that again:

PROSECUTORS DO NOT ISSUE INDICTMENTS


The State's Attorney (Prosecutor) presents evidence to the Grand Jury. Based on the evidence presented, the Grand Jury then decides whether it's sufficient to issue indictments on criminal charges.


Any attempt to bring Mr. Earle's political affiliation into the discussion is just an effort to muddy the waters.

[napi21]

1. Of course you're right, but the RW will sing that a prosecutor can

get a GJ to indict a ham sandwich. You know that tale has been around for decades! I say, let them cry. A jury will tell the story.

[Webster Green]

2. The repukes are truly bizarre...

They also said that Rove's treason doesn't count because Wilson and Plame are Democrats.

[TaleWgnDg]

3. Uuummmm, I hate to *burst* your bubble . . . but

.
Uuummmm, I hate to *burst* your bubble . . . but as any lawyer will tell you including myself, a grand jury rubber stamps whatever the hell the prosecutor through the sitting judge allows, period.

The better way to "evaluate" the biased or unbiased behavior of Attorney Earle is to summarize his past grand juries. For example, does Earle merely attack his opposing political party's hacks including the all-powerful such as DeLay? Or does Earle attempt to bring charges on criminal conduct despite political affiliation?

If it's the former then Earle is, himself, a political hack.

However, if it's the latter then Earle is doing a great job a state prosecutor. In other words, how many Democrats has Earle attempted to indict? How many Republicans? And, no, I wouldn't go to the conviction or not basis because Texas hasn't the best state judicial system in the country.

.

[orwell]

4. Not entirely true

I know someone right now who sits on a grand jury and he is anything but a rubber stamp. This "truism" is a gross generalization.

[TaleWgnDg]

6. Ummmmm, as I stated above . . .

grand juries are merely rubber stamps of prosecutors. As a lawyer myself I am professionally aware of the almost unfettered power of prosecutors regarding grand juries. The ABA does a Q&A on this very subject:

http://www.abanet.org/media/faqjury.html

I hope "someone right now who (is) sit(ting) on a grand jury" does not continue to violate his duty as a grand juror by discussing what is happening with you. As I said, read up on it via the ABA website!
.

[dweller]

5. i believe, having read here, he's indicted

12 Dems, 3 Repugs. 15 total.

look about or search. It's been posted numerous times.
dp

edit: http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x4920355
Over Earle’s 27-year tenure, his Public Integrity Unit has prosecuted 15 elected officials, including 12 Democrats