Sept. 13, 2006, 1:13PM
Appeals court to consider reinstating charge against DeLay
By R.G. RATCLIFFE
Copyright 2006 Houston Chronicle
AUSTIN -- Texas' highest criminal court agreed today to hear prosecutors' request to reinstate charges against former U.S. Rep. Tom DeLay on the allegation that he conspired to violate state law.
The Texas Court of Criminal Appeals agreed to hear oral arguments in the case. Had the high court rejected an appeal from prosecutors, DeLay's criminal case would have returned to state district court for trial.
DeLay was indicted along with two associates last year on charges of conspiring to violate the election law, conspiracy to commit money laundering and money laundering as a result of a campaign finance investigation run by Travis County District Attorney Ronnie Earle.
State District Judge Pat Priest threw out the election law charge, agreeing with DeLay's lawyers that the statute was passed after DeLay's alleged activities in the 2002 elections.
The Third Court of Appeals upheld Priest's ruling but said Earle made some compelling arguments in favor of reinstating the charges. But the three-judge panel said reinstating the charges would require the Court of Criminal Appeals to overturn some rulings in other cases.
http://www.chron.com/disp/story.mpl/metropolitan/4183633.html