Ronnie Earl loses one battle in his quest to prosecute Tom Delay on spurious charges. Another case of someone being Nifonged.
From TBO.com
The Texas Court of Criminal Appeals refused Wednesday to reinstate a dropped conspiracy charge against former House Majority Leader Tom DeLay.
Travis County prosecutor Ronnie Earle had charged DeLay and two associates with conspiracy to violate the state’s election code in connection with corporate funds used in 2002 state legislative elections.
A state district judge threw out that charge after defense lawyers argued that conspiracy couldn’t be applied because the law he is accused of violating didn’t take effect until 2003. A regional appeals court upheld the judge’s decision.
Prosecutors then went to the state’s highest criminal appeals court, leading to Wednesday’s ruling.
DeLay, who resigned from office last year, still faces a money laundering charge and a charge of conspiring to launder money. Lawyers are arguing about those charges before an appeals court, and no trial date has been set.
DeLay’s attorney, Dick DeGuerin, said he was pleased with Wednesday’s ruling but sorry that it took so long and resulted in DeLay’s resignation from Congress, where he represented Houston’s southwest suburbs for more than 20 years.
“Ronnie Earle indicted Tom DeLay for a crime that didn’t exist, wasn’t on the books,” DeGuerin said.
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Nothing new here. If the Democrats can’t find a legitimate crime to hang on a Republican … invent one.
