Texas appellate judges to hear arguments for reinstating conspiracy charge against DeLay

Wednesday, January 24th 2007, 5:52 am

By: News On 6

AUSTIN, Texas (AP) _ The prosecution of former House Majority Leader Tom DeLay could be stalled for weeks or even months while Texas' highest criminal court decides whether a dismissed conspiracy charge against him should be reinstated.

The Texas Court of Criminal Appeals is set to hear arguments Wednesday on the conspiracy charge _ part of the criminal case that helped drive DeLay from office.

Prosecutors want the charge reinstated, but attorneys for DeLay and two co-defendants contend a lower appellate court correctly ruled that the law was not in effect when the alleged conspiracy occurred in 2002.

DeLay's trial on remaining felony conspiracy and money laundering charges must wait until the state's highest criminal court rules, which could be weeks or months after Wednesday's hearing.

DeLay, who resigned his seat in Congress last summer, wants to get the criminal case behind him, said his attorney, Dick DeGuerin. DeLay is not expected to attend the hearing.

DeGuerin said the prosecution's appeal of the dismissed conspiracy charge allowed them to put off DeLay's trial and hurt him as he tried to regain his leadership post and fight off election challengers.

``Being able to drag it out this long has caused the maximum damage to Tom DeLay,'' he said.

DeLay and two co-defendants, Jim Ellis and John Colyandro, are accused of illegally funneling $190,000 in corporate contributions through DeLay's Texans for a Republican Majority political action committee and through an arm of the National Republican Committee to seven GOP state legislative candidates in 2002.

The defendants say they did nothing wrong.

DeLay and his co-defendants were indicted in September and October of 2005. Soon after, DeLay stepped aside as majority leader. He remained a member of Congress, representing his suburban Houston district, and won his Republican primary last March. But he later resigned from public office.

After an extended court fight that ultimately prevented the Republican Party from placing a new candidate on the November election ballot, DeLay withdrew from the race. A write-in Republican candidate couldn't muster enough voter support, and DeLay's seat is now held by Democratic Rep. Nick Lampson.