Congressman Tom DeLay wants an early trial if the charges against him are not dismissed at a November 22 hearing.
An attorney for Rep. Tom DeLay (R-Tex.) said Monday that he will request an early December trial date for the former House majority leader, if the case gets that far.Lawyer Dick DeGuerin said in a letter that "time is of the essence" in the case that has forced DeLay to temporarily step down from his House post.
Judge Pat Priest has set a hearing for next Tuesday to consider requests to drop the charges against DeLay and his co-defendants. Defense attorneys have asked that the charges be dropped for various reasons, including alleged misconduct by a prosecutor.
"Should the indictments survive the hearings of November 22, we will request a trial date in early December," DeGuerin wrote in his letter to Priest.
DeGuerin is also asking that Priest, a visiting judge, move the trial out of liberal-leaning Travis County to DeLay's home county of Fort Bend.
This whole trial could be over quickly if DeLay is given his constitutional right to a fair and speedy trial.
The one thing that could throw up a roadblock is his desire to move the trial from Travis County – a county so left-of-center that it was the only county in Texas that rejected Proposition 2, which defined marriage as being between one man and one woman. I sincerely doubt that DeLay could get an unbiased jury of his peers in that county – but I don’t know that moving it to Fort Bend County, the heart of his power base, will fly. I would suggest Wharton County, or Matagorda County, each of which is outside the 22nd Congressional District but and “neutral ground” for the two parties to the case.
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Well, according to Texas state law it mandates that this type of case be returned to the home county of the accused. Or more precisely that the jurisdiction for election law violations is held by the home county of the accused person.That would put the trial in Fort Bend County, outside of Houston.
|| Posted by mcconnell, November 16, 2005 05:16 PM ||Post a comment