March 13, 2006, 6:08PM
Judge tosses DeLay case subpoenas
By R.G.RATCLIFFE
Copyright 2006 Houston Chronicle Austin Bureau
AUSTIN — A state appeals court today threw out more than 30 subpoenas requested by Travis County prosecutors building a criminal case against U.S. Rep. Tom DeLay, saying the investigation should have stopped in December when a district judge halted proceedings in his court.
District Attorney Ronnie Earle has been issuing the subpoenas ever since Senior District Judge Pat Priest dismissed all or part of three indictments against DeLay, R-Sugar Land. Earle appealed Priest's ruling, and the judge stayed the case pending a ruling by the Third Court of Appeals.
Most of the subpoenas involved political fund-raising controversies that have involved DeLay, some dating back to 1996.
After Earle subpoenaed records from DeLay's wife, Christine, DeLay's legal team asked Priest to quash the subpoenas. Priest told DeLay lawyer Dick DeGuerin that the case was stayed while on appeal, so he would neither halt Earle from issuing subpoenas nor would he enforce them.
http://www.chron.com/disp/story.mpl/front/3720707.html