… saying they "attempted to browbeat and coerce" a grand jury "to change its decision so that there would be no public knowledge that a no bill had been found."
… accusing the
After questions were raised about whether the charge applied to state election code, Earle went to a second grand jury, which declined to bring a money laundering charge against the three.
Earle then went to a third grand jury, and it returned an indictment …
DeGuerin [DeLay’s lead attorney] alleges that once Earle realized DeLay had been charged with a "crime that did not exist in
The motion accuses Earle of trying to cover up that the second grand jury rejected the prosecutor's "new, contrived charges of money laundering."
DeLay has accused Earle, a Democrat, of launching a partisan vendetta against him after the 2002 elections in which Republicans took control of both houses of the Texas Legislature.
… "attempted to browbeat and coerce" grand jurors into filing criminal charges.
… engaged in an extraordinarily irregular and desperate attempt to contrive a viable charge and get a substitute indictment of Tom Delay before the expiration of the statute of limitations,"
… unlawfully participated in grand jury deliberations when he went to a second grand jury last week to seek a second indictment against the Texas Republican. He also said Earle illegally discussed grand jury information and encouraged others to do the same.
DeGuerin alleged that Earle turned to the coercion tactics to get the second grand jury to change its decision not to indict DeLay so there would be no public record of a rejection.
… went to a second grand jury still in session, but that grand jury declined to indict. On Monday, a third grand jury indicted DeLay
Two people familiar with the proceedings of the grand jury that returned a "no bill" in the DeLay case told The Associated Press that Earle tried to persuade the grand jurors that DeLay tacitly approved the scheme and that the prosecutor became angry when they decided against an indictment. The people familiar with the proceeding insisted on anonymity because of grand jury secrecy.
DeGuerin also alleges that Earle "unlawfully incited" William Gibson, the foreman of the grand jury that indicted DeLay on conspiracy, to talk publicly, on the record, to the media to bias the public and sitting grand jurors.
He alleged Earle discussed ongoing proceedings with some members of that same grand jury to find out whether they would have returned the conspiracy indictment if they knew it "had no basis in law."
It is against the law to discuss what goes on inside a grand jury.
Gibson said Friday that Earle did call him but that he only advised him on what he could and could not discuss publicly. He said Earle never asked him about the conspiracy indictment.
"He didn't tell us what he was going to do. The only thing his department told me was, 'Mr. Gibson, we are going to present this matter to a new grand jury."'
DeGuerin also alleges Earle told the third grand jury that indicted DeLay on money laundering charges what the initial grand jury said "to persuade them to issue a replacement indictment."
"Such 'additional information' is not evidence and thus its use before a grand jury violates"
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