Travis Co. [Tx ] trying to get conspiracy charge for DeLay reinstated..

[MazeRat7]

Travis County seeks to reinstate conspiracy charge for DeLay (registration required)

Wednesday, January 24, 2007

Travis County prosecutors Wednesday urged the state's highest criminal appellate court to re-instate criminal conspiracy charges against former U.S. House Majority Leader Tom DeLay.

Lawyers for DeLay and two associates countered that lower courts were correct in dismissing the indictment because conspiracy did not apply to the 2002 election laws that DeLay is accused of violating.

At the heart of the issue is whether criminal conspiracy applies to felonies listed in laws outside the penal code.

Two old drug cases dating back more than 30 years, called Baker and Moore, say penal violations — in these cases, criminal intent — did not apply to the newly written drug code unless specified in that code.

Travis County Assistant District Attorney Rick Reed argued that the 2003 change in the law was just to make it clear that conspiracy applied to election matters.

Houston lawyer Dick DeGuerin said prosecutors have not cited any other cases, other than the original drug matters, where conspiracy has been applied to felonies outside the penal code.

In their questioning, the judges attacked the arguments from various angles without disclosing a consensus. Based just on the questions it seemed the court might be divided over how to resolve the issue.

Doesn't look like its even close to over yet folks... bug boy could still end up doing the frog walk.

MZr7

[NJCher]

1. three cheers for the Travis Co. prosecutors

I might even read Delay's blog if he writes it from the pen.



Cher