Text 16114, 95 rader
Skriven 2005-11-06 07:12:00 av Jeff Binkley (1:226/600)
Ärende: Delay
=============
http://apnews.myway.com/article/20051105/D8DMJ9VG0.html

DeLay's Legal Team Is Close to the Enemy


Nov 5, 5:40 PM (ET)

By SUZANNE GAMBOA

AUSTIN, Texas (AP) - Rep. Tom DeLay has relied on friends for support in the
face of felony indictments, but for his legal strategy, he has tried to get
close to his enemy.

Two members of DeLay's legal team once worked for Texas prosecutor Ronnie
Earle, who heads the investigation into DeLay's 2002 fundraising for
Republicans and sought the indictments against the former House majority leader
alleging money laundering and conspiracy.

Their insight into how Earle works could help DeLay as he prepares for trial.

"If you've tried a case before with the opposing counsel, you can anticipate
the moves they make," said Joe Turner, an alum of Earle's office who is
representing John Colyandro, one of DeLay's co-defendants. "They make the same
arguments over and over, so you have a feel for them."

DeLay's Austin attorneys Bill White and Steve Brittain worked with Earle and
some of his assistants early in their careers. Along with Turner, three
Democratic attorneys now represent Republicans who are being prosecuted by
Earle, who is also a Democrat.

Political parties play a big role in the case. It revolves around the
fundraising activities of DeLay's political action committees, led by Colyandro
and Jim Ellis, another co-defendant.

Two grand juries allege DeLay and his associates circumvented a state law that
prohibits corporate money in state elections by funneling it through the
Republican National Committee in a scheme to get more Republicans into Congress
and the Legislature. Under Texas law, corporate money is only permissible for
political campaigns' administrative expenses.

Last week, DeLay got the judge in his case removed because the judge had
contributed to Democrats. His legal team argued the judge's political support
of DeLay's opposing party was enough to cast doubt on his ability to be
impartial in the case.

The next court hearing likely will decide whether DeLay's trial stays in Austin
- his attorneys want it moved out of the Democratic stronghold - and whether it
will be separated from a trial for Ellis and Colyandro.

The former attorneys for Earle's office say Earle usually leaves litigating to
his assistants, and that is what they are expecting in this case.

White, a Vietnam veteran, worked for Earle in 1977. Though he respects Earle's
assistant attorneys, he has a low opinion of Earle's courtroom abilities.

"The best thing for Tom Delay would be if Ronnie Earle tries the case himself,"
White said.

In private practice, White's clients have included former Texas prison chief
James Collins, who was acquitted in September of accepting kickbacks from a
food company in exchange for approving a $37 million contract to feed the
company's products to prisoners.

Brittain's introduction to Earle came when Brittain worked for a former Travis
County district attorney, who was then fighting an election challenge from
Earle for the top prosecutor's job.

After Earle won, he asked Brittain to work for him.

"Ronnie is an icon to stay in office as long as he has, particularly in a town
as political as Austin, and you make no friends as a district attorney,"
Brittain said.

Brittain helped start a division in Earle's office to oversee cases against
elected officials. The thinking was to limit cases involving public
officeholders to a single district attorney's office, where a high level of
expertise would guard against charges being filed for political reasons.

"This seems to me to be contrary to that," Brittain said of the DeLay
indictments.

He said he is concerned "about any prosecutorial office using grand juries and
criminal prosecution to affect policies."

Turner worked for three years in Earle's white-collar crime unit before opening
his own practice in 1982. He has been something of an attorney to the stars in
Austin.

He represented actor Matthew McConaughey, who was arrested in 1999 for
marijuana possession after a neighbor saw him playing the bongos naked in front
of an open window of his living room. Turner also helped Willie Nelson beat a
marijuana-possession charge in 1995.

--- PCBoard (R) v15.3/M 10
 * Origin:  (1:226/600)