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Updated 08/24/2010 01:43 PM

Judge to determine if DeLay case will stay in Travis Co.

By: News 8 Staff & The Associated Press

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The judge in the money laundering case of Tom DeLay could separate the ex-congressman’s trial from the other two codefendants, as the defense fights to move the court case out of the Democratic-stronghold, Travis County.

In a pretrial hearing Tuesday, Senior Judge Pat Priest said DeLay, a former Republican U.S. house majority leader from the Houston area, has been demanding a trial for five years.

DeLay and his codefendants were indicted in 2005 for allegedly laundering corporate money into campaigns donations for Republican state legislative candidates in 2002, arguably influencing the outcome of elections. State law bans using corporate money in state elections.

DeLay would have jurors believe that he was chased from Congress to a life that has included a bizarre appearance on "Dancing with the Stars," because of what he calls Travis County liberalism and the actions of an overzealous prosecutor, then-Travis County district attorney Ronnie Earle.

"This is a political maneuver by a rogue district attorney and I had to leave Congress because of it, and, if I’d have gotten my trial speedily, like I think I'm entitled to, I may still be in Congress and I may still be in leadership in Congress," DeLay said.

The defendants contend they've nothing wrong, and their attorneys allege prosecutors abused the grand jury system. The defense argues that Earle went through three grand juries to get the indictment against DeLay, failed to present all relevant information and refused to allow one grand jury to sign forms no-billing DeLay on the charges.

Judge Priest ordered the courtroom closed Monday afternoon to discuss any misconduct on the part of the prosecution to attain indictments. DeLay's attorney also requested Earle appear in court.

The judge, however, wasn't quick to jump on board, saying "the defense is standing in a deep hole with a short stick."

Many Texas Democrats believe that the former House majority leader, hungry for power, tried to manipulate Texas House elections for his own political gain.

Still, DeLay remains optimistic.

"I've been asking for a trial for five years and want to get my trial, very encouraged the judge ruled I'm going to get my trial first and am severed from the other defendants," he said.

The other two defendants face lesser charges of making unlawful donations during the election season.

Prosecutors have suggested they'll press different charges of election code violations against codefendants John Colyandro and Jim Ellis, essentially severing their cases from DeLay's. Either way, Judge Priest said he wants to make sure DeLay goes to trial first.

The defense is also pushing for all three defendants to be tried in another county, suggesting that the trial, if held in Travis County, would be naturally biased in favor of Democrats. DeLay has said he wants to be tried in his own county, Fort Bend County.

"What I'm mostly concerned about is the fact that I think every Democrat here sees themselves as a victim of this very alleged offense," Colyandro's attorney Joe Turner said. "It's obvious we can't get a fair trial here in Travis County, the people of Travis County are still angry about this redistricting."

No trial dates have been set. However, at the end of the day, the courtroom did hear witness testimony on where the case should be tried. A trial lawyer witness called by the defense said DeLay would not get a fair trial in Travis County.

The pretrial hearing will continue Wednesday, at which point the judge will discuss the possibility of changing venues for the trials.

The Associated Press contributed to this report.

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