posted on November 1, 2005 03:42:37 PM new
Nov. 1, 2005, 4:42PM
DeLay case judge removed.
From staff and wire reports
AUSTIN — A state district judge who had contributed to Democratic organizations was removed today from the conspiracy and money laundering trial of Republican U.S. Rep. Tom DeLay.
Retired state District Judge C.W. Duncan Jr. made no comment when he granted DeLay's motion to remove Judge Bob Perkins from the case.
Throughout the proceedings, DeLay sat in the front row behind defense attorneys with his wife and aides. He often smiled, and he occasionally chuckled when Democrats said negative things about him in their testimony. He gave no comment as he left the courthouse.
DeLay's attorneys had contended the Democratic judge would be biased against the former House majority leader in the criminal case stemming from the use of corporate campaign donations in 2002 Texas House races.
Neither DeLay nor Perkins testified in today's hearing.
"This is the wrong case for Judge Perkins to judge because of his perfectly permissible activity as a Democrat and as a partisan and as a supporter of Democratic causes," DeLay's attorney Dick DeGuerin said after the four-hour hearing.
District Attorney Ronnie Earle, who heads the criminal investigation into DeLay's fund-raising activities, watched in the courtroom while his deputies questioned witnesses. He got up at the end of the hearing and chided DeLay's attorneys for repeatedly calling it a "political case."
"This is not a political case; this is a criminal case," Earle said. "Mr. DeLay stands charged with a felony."
DeLay's legal team subpoenaed Perkins to testify, but Duncan ruled in favor of Perkins' motion that he not be required to testify. Perkins argued that his participation in the proceedings would threaten "public confidence in the integrity and the impartiality of the judiciary."
DeLay's attorneys cited 34 political contributions Perkins has made to Democrats since 2000, including donations to MoveOn.org, a liberal advocacy group that has waged a campaign against DeLay.
Perkins has said that his contributions to MoveOn.org were before it launched its anti-DeLay campaign. Prosecutors also argued that six of the contributions were wrongly counted twice by DeLay's attorneys.
Longtime Republican state Rep. Terry Keel of Austin, a former Travis County sheriff and prosecutor, testified that he has known Perkins since he was 14, and he personally didn't question Perkins' ability to hear DeLay's case.
"I know Judge Perkins well enough to know that he will be fair and impartial on any case he presides over," Keel said.
But he said the public might question whether Perkins could remain unbiased, since they didn't know him personally.
Perkins declined to recuse himself from the DeLay case, and asked for another judge to make that decision.
Perkins voluntarily stepped aside in a similar 1994 case Earle pursued against Sen. Kay Bailey Hutchison, who also was represented by DeGuerin. Perkins had made a contribution to Hutchison's political opponent. Hutchison was acquitted of misconduct charges.
DeLay and his associates are accused of funneling corporate donations through Texans for a Republican Majority, a political action committee founded by DeLay, to an arm of the Republican National Committee, which sent it back to seven GOP candidates running for the Texas Legislature in 2002. Texas law prohibits corporate money from being used directly in political campaigns.
Staff writer R.G. Ratcliffe and the Associated Press contributed to this report.
posted on November 1, 2005 04:18:23 PM new
LOL.....good.....now he's more likely to get a fair and unbiased judge.
This is most likely just ANOTHER frustration that probably helped old Reid go off the deep end today. Anyone that saw his interview on CNN today....would have had to notice how he could barely remain calm. Almost like he was so mad he was going to bust his gut.
This decision, along with all the others that haven't been going the way the dems would like to see them go... was probably part of that uncontrollable anger/frustration he has to deal with when things don't go his way. Which has been a LOT lately.
posted on November 1, 2005 04:24:29 PM new
Yes, the left certainly has expressed their opinions of when conservative judges SHOULD recuse themselves....but it's different I guess when it's one of their judges or the judge himself....then they don't want to recuse themselves.
I'm also glad another judge decided to remove him from this case.
Also wanted to make note here:
[i]1994 case Earle pursued against Sen. Kay Bailey Hutchison, who also was represented by DeGuerin[i].
Yea....and she was cleared of her charge too. Funny thing. No...it's not political at all....sure.... LOL
"Whenever the nation is under attack, from within or without, liberals side with the enemy. This is their essence." --Ann Coulter
And why the American Voters chose to RE-elect President Bush to four more years. YES!!!
Anyone that saw his interview on CNN today....would have had to notice how he could barely remain calm. Almost like he was so mad he was going to bust his gut.