Showing posts with label delay. Show all posts
Showing posts with label delay. Show all posts

Sunday, September 23, 2012

Tom DeLay still waiting to learn legal fate

Former House Majority Leader Tom Delay answers media questions during a break in jury selection for his money laundering and conspiracy trial in Austin, Texas on Tuesday, Oct. 26, 2010. (AP Photo/Jack Plunkett) Former House Majority Leader Tom Delay answers media questions during a break in jury selection for his money laundering and conspiracy trial in Austin, Texas on Tuesday, Oct. 26, 2010. (AP Photo/Jack Plunkett)

  HOUSTON (KTRK) -- Former U.S. House Majority Leader Tom DeLay -- still waiting to learn his legal fate since being convicted nearly two years ago for his role in a scheme to influence Texas elections -- is praying for vindication but also preparing for the possibility of imprisonment.

DeLay's three-year prison sentence has been on hold as his case has made its way through the appellate process. For both DeLay and his critics, the process has been frustratingly slow, due in part to some of the appeals court justices in Austin recusing themselves as well as DeLay's successful effort to have a judge on the panel removed because of anti-Republican comments she made.

"I don't like living under this cloud. But I'm not angry about it. I even pray for the prosecution and my enemies," the former Houston-area congressman told The Associated Press in an interview. "No, they have not destroyed Tom DeLay as a person. And I'm ready to go to prison if that's where I'm supposed to end up."

But DeLay, and his attorney, Brian Wice, are hoping to get his convictions overturned. On Oct. 10, they will finally get a chance to make their case to the 3rd Court of Appeals, arguing the once-powerful Republican leader did nothing wrong and is the victim of a political vendetta, a claim that prosecutors deny.

DeLay, 65, was found guilty in November 2010 of money laundering and conspiracy to commit money laundering for helping illegally funnel corporate money to Texas candidates in 2002.

Sitting with DeLay in his office in downtown Houston on Wednesday, Wice used a literary allusion to explain the case. He compared DeLay to Jean Valjean, the kind-hearted protagonist of Victor Hugo's "Les MisTrables." He called Ronnie Earle, the now-retired Democratic Travis County District Attorney in Austin who charged the former lawmaker, a modern-day Inspector Javert, who pursued Valjean at all costs.

The Travis County District Attorney's Office says the case was never about politics but about someone who broke Texas law.

"Our office has always been fair and never been politically motivated in prosecuting this defendant or any other," said prosecutor Holly Taylor.

Jurors in Austin determined DeLay conspired with two associates, John Colyandro and Jim Ellis, to use his Texas-based political action committee to send a check for $190,000 in corporate money to an arm of the Washington-based Republican National Committee. The RNC then sent the same amount to seven Texas House candidates. Under state law, corporate money cannot be given directly to political campaigns.

Prosecutors claim the money helped the GOP take control of the Texas House, enabling them to push through a DeLay-engineered congressional redistricting plan that sent more Republicans to Congress in 2004, strengthening his political power.

A judge in January 2011 sentenced DeLay to three years in prison but allowed him to remain free on bond pending his appeal. In June, Ellis was sentenced to four years' probation. Colyandro awaits trial.

DeLay, who once held the No. 2 job in the House of Representatives, said he has been "unemployable" since his conviction and is living off Social Security and his $60,000 annual pension.

He has kept himself busy with speaking engagements and is involved with various projects that advance the conservative cause, including a religious-based one called "40 Days to Save America." He still lives in the Houston suburb of Sugar Land, an area he represented for 22 years.

DeLay said people usually recognize him from his 2009 appearance on ABC's hit television show "Dancing With the Stars."

"They have never given me a hard time for being a convicted felon," he said.

DeLay and his attorney continue to contend money laundering did not occur because no illegal funds were funneled through the RNC.

Wice also said he'll tell the appeals court no crime occurred because in 2002 money laundering in Texas only applied to funds in the form of cash and not checks. The state law was later changed to also specify checks.

"This was a situation where the prosecution couldn't sell the steak, so they sold the sizzle," Wice said.

Taylor called Wice's claim "rather absurd." She said DeLay's belief that his case was politically motivated is just a way to "try and explain away this legitimate prosecution."

While the various changes to the appeals court has resulted in a three-judge panel of two Republicans and one Democrat to hear DeLay's case, Wice said it won't give the ex-lawmaker an advantage.

Cal Jillson, a political science professor at Southern Methodist University in Dallas, said there is some irony in DeLay -- whose tough political tactics earned him the nickname "the Hammer" -- claiming he is the victim of partisanship.

"If there is any irony here, it will be lost on Tom DeLay because when he looks out through his eyeballs he sees a partisan world," Jillson said. "He sees everyone motivated the way he was motivated."

But DeLay says he is not claiming to be a victim, adding his faith in Jesus Christ has helped him through this difficult time.

"I am totally at peace and I'm full of joy ... I'm not beaten down," he said.

The state appeals court probably won't be the last stop, as the losing side will likely take the case to the Texas Court of Criminal Appeals. Ultimately, the case could wind up in the U.S. Supreme Court.

"It's frustrating to wait so long to get justice in a case like this," said Craig McDonald, the director of Texans for Public Justice, a liberal watchdog group whose complaints helped lead to the investigation of DeLay's PAC.

"I'd be surprised if he ever saw the inside of the big house," McDonald said.

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Saturday, May 19, 2012

Hearing in appeal of DeLay conviction put on hold

See it on TV? Check here. AP  AUSTIN, TX -- A court hearing that had been set for next week in the appeal of ex-U.S. House of Representatives Majority Leader Tom DeLay's 2010 money laundering convictions has been canceled.

The 3rd Court of Appeals in Austin on Friday canceled oral arguments in DeLay's appeal without giving a reason. No new date was set.

The Austin American-Statesman reports the cancellation follows a request by DeLay's attorney to have one of the justices on the court -- a Democrat -- recuse herself because of "anti-Republican remarks" the judge is alleged to have made at a political convention.

DeLay, a Houston-area Republican, has been free on bond pending his appeal of his three-year prison sentence for his role in a scheme to illegally funnel corporate money to Texas candidates in 2002.

(Copyright ©2012 by The Associated Press. All Rights Reserved.)
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Thursday, January 19, 2012

Attorneys to again ask for delay in Stanford trial

AP  HOUSTON -- A last-ditch attempt by attorneys for jailed Texas financier R. Allen Stanford to postpone his trial was unsuccessful. Stanford, charged with bilking investors out of $7 billion in a massive Ponzi scheme, goes on trial next week.

A federal judge on Wednesday ruled against Stanford's attorneys' request for a delay.

Jury selection is set for Monday, with testimony expected to last at least a month. Stanford's attorneys said they expect the financier will testify.

His attorneys had made several attempts within the last month to delay the trial, arguing that they have not had enough time to prepare their case because the financier was hospitalized most of last year after being declared incompetent. He spent more than eight months under treatment in a North Carolina federal prison hospital due to a prescription drug addiction he developed while jailed in Houston.

Stanford's attorneys had argued that the drug addiction, combined with a brain injury from a September 2009 jail fight, has left the financier unable to assist them in preparing a defense. Prosecutors had said doctors at the prison hospital found Stanford was competent, had no brain injury and that he had been faking claims he has lost much of his memory.

U.S. District Judge David Hittner last month said that Stanford was competent and his trial could proceed.

On Wednesday, Hittner rejected a final attempt by Stanford's attorneys to delay the trial because a member of the defense team that is working to organize documents has to have surgery.

Robert Scardino, one of Stanford's attorneys, continued to suggest the financier is not competent, an assertion that upset Hittner.

"You're still pushing that? ...My finding still remains. He is competent and ready to go," Hittner said.

Stanford and three former executives of his now-defunct Stanford Financial Group are accused of orchestrating a pyramid scheme that advised clients from 113 countries to invest more than $7 billion in certificates of deposit, or CDs, at the Stanford International Bank on the Caribbean island of Antigua, promising huge returns.

Authorities say Stanford and the executives fabricated the bank's records, bribed Antiguan regulators with investors' money from a secret Swiss bank account and misused funds to pay for Stanford's lavish lifestyle.

Stanford became a billionaire whose financial empire stretched across the U.S., the Caribbean and Latin America. His attorneys say he ran a legitimate business and he would have been able to pay back investors. He has been jailed since he was indicted in June 2009 by a federal grand jury in Houston, where his companies were headquartered.

He faces 14 counts, including wire and mail fraud.

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Thursday, December 29, 2011

Judge rejects request to delay Stanford trial

See it on TV? Check here.A federal court hearing for alleged ponzi schemer R. Allen Stanford begins today to determine if he is competent to stand trial. A federal court hearing for alleged ponzi schemer R. Allen Stanford begins today to determine if he is competent to stand trial.

AP  HOUSTON -- A federal judge has rejected a request by disgraced financier R. Allen Stanford that his trial be postponed.

U.S. District Judge David Hittner's ruling Wednesday denied a motion by Stanford's attorneys for a continuance until April. The ruling means jury selection will begin Jan. 23.

Stanford has been jailed since being charged in 2009 with bilking investors out of $7 billion in a massive Ponzi scheme.

Hittner's ruling said Stanford has adequate legal representation and that the need for a speedy trial is particularly acute because of the thousands of investors affected.

Hittner ruled last week that Stanford is competent to stand trial. That ruling came after a three-day hearing in which Stanford's attorneys argued that a traumatic brain injury and other disorders prevented him from assisting in his defense.

(Copyright ©2011 by The Associated Press. All Rights Reserved.)
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