DeLay's team subpoenas jury members

Published: Friday, December 16, 2005

AUSTIN (AP) - Rep. Tom DeLay's attorneys filed a subpoena Thursday seeking the testimony of grand jurors, including those who indicted the former House majority leader and those who rejected charges.

DeLay's legal team wants to prove prosecutorial misconduct by District Attorney Ronnie Earle, who they say "shopped around" the case against DeLay to three different grand juries before finding one that would indict DeLay on money laundering and conspiracy charges.

State law prohibits prosecutors from attending grand jury deliberations, but DeLay attorney Dick DeGuerin alleges that Earle unlawfully participated in the second grand jury's deliberations and tried to force the jurors to indict DeLay. Earle denies the allegations.

DeGuerin has asked Judge Pat Priest to allow the grand jurors to testify because grand jury testimony is secret and Earle does not have to release transcripts unless he's ordered to do so by a court.