[Mb-civic] DeLay's Lawyers Subpoena His Prosecutor - Washington Post

[William Swiggard]

DeLay's Lawyers Subpoena His Prosecutor

By LARRY MARGASAK
The Associated Press
Tuesday, October 11, 2005; 11:17 PM

WASHINGTON -- Indicted Rep. Tom DeLay's attorneys turned the tables on a 
Texas prosecutor Tuesday, delivering a subpoena to compel his testimony 
about his conduct with grand jurors.

Defense attorney Dick DeGuerin, who contends there was misconduct by 
prosecutors, said Travis County District Attorney Ronnie Earle refused 
the subpoena at his Austin office when he declined to sign a paper 
acknowledging its delivery. Earle said he had voluntarily accepted the 
subpoena.

The subpoena is part of the defense tactic to have charges dismissed 
before trial against DeLay, R-Texas, who was obligated to temporarily 
step aside as House majority leader when charged with conspiracy and 
money laundering in a state campaign finance investigation. DeLay has 
denied any wrongdoing.

DeGuerin wants Earle and two of his assistants to testify, alleging 
prosecutors had improper contact with two grand juries that indicted 
DeLay and one that refused to file charges.

DeGuerin said he would have Earle's subpoena redelivered Wednesday. 
Earle responded that it wasn't necessary.

"It was not a properly prepared subpoena but we accepted service 
voluntarily anyway," the prosecutor said.

DeGuerin also asked that grand jurors be released from their secrecy 
oath so they could answer questions about the prosecutor's conduct.

Earle's office said in a written statement, "Because of laws protecting 
grand jury secrecy, there are limitations to what we can say at this 
time, but we fully expect to prevail in this matter."

DeGuerin wants Earle to answer 12 questions about conversations he had 
with grand jurors, including whether the prosecutor became angry when a 
grand jury decided against an indictment of DeLay and why that decision 
was not publicly released.

http://www.washingtonpost.com/wp-dyn/content/article/2005/10/11/AR2005101101327.html
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