Court Awaits Prosecutors’ Response on DeLay Case

The state’s highest criminal court has asked prosecutors to respond to former House Majority Leader Tom DeLay’s request that the charges against him be dismissed.

The all-Republican appeals court on Tuesday gave prosecutors a week to submit arguments regarding the request filed Friday by DeLay attorney Dick DeGuerin. The court will decide whether to take the case after the prosecutors’ response is received.

DeLay spokesman Kevin Madden issued a statement Tuesday night saying the court had agreed to hear the case. A court official said Wednesday that was incorrect. The court’s order noted that DeLay had filed the request and said that it was “ordered that the state may respond to these pleadings no later than one week from the date of this order.”

In his motion, DeGuerin argues that the indictments against his client are factually baseless. A spokesman for Travis County Dist. Atty. Ronald Earle did not return a telephone call seeking comment.

DeLay was forced to step aside as majority leader after he was indicted on money laundering and conspiracy charges in September.

He has been pressing for the court to address the charges quickly because he wants to regain his post before his colleagues call for new leadership elections next month. The case has been on hold while prosecutors appeal a judge’s dismissal of some of the charges.