DeLay beats the rap on a technicality?
A new piece just out from the Austin American-Statesman provides more details. According to the new article, the original indictment was flawed (a claim pushed by the defense, but contradicted by other published reports: see below). The conspiracy statute in question didn’t come into effect until 2003. So the prosecutors, it seems, reindicted DeLay under a different statute, but on the same facts.
See the piece for more details.
On the contrary, the Houston Chronicle interviews a law prof at UT who says that DeLay’s lawyers’ contention that the original indictment is flawed is itself bogus …
George Dix, a professor at the University of Texas School of Law who is an expert in criminal law and procedure, said he doesn’t believe changes made to the Texas election code by the 2003 legislature have any effect on the conspiracy charge.
The penal code’s conspiracy charge allows for the charge if the defendants allegedly conspired to commit any felony, including an election code felony.
Just because the election code was “silent” on the penal code provision until 2003, it doesn’t mean it wasn’t a valid charge before 2003, Dix said.
“To me it just says, ‘We really mean what we said implicitly before,’ ” Dix said.
More soon.
