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DeLay wins removal of judge in his case
Wednesday, November 02, 2005

AUSTIN, Texas -- Former House Majority Leader Tom DeLay, R-Texas, won an early round in his money-laundering and conspiracy trial yesterday by successfully getting a judge aligned with Democratic candidates and causes removed from the case.

The ruling to recuse Travis County District Court Judge Bob Perkins was made by District Judge C.W. Duncan following a four-hour hearing in Austin. Mr. DeLay's lawyers argued that Judge Perkins' impartiality appeared to be compromised by his history of contributing money to national and local Democratic candidates, as well as to MoveOn.org, a group that has targeted Mr. DeLay's defeat in its national fundraising efforts.

"He's not the right judge for this case," Mr. DeLay's lawyer, Dick DeGuerin, said after the ruling. "It's not personal; it's not about him. It's about the appearance of impropriety."

Mr. DeLay, who stepped down as majority leader after his indictment, left the courtroom smiling. He did not take questions from reporters.

Mr. DeGuerin said the next motion to be heard in the case by a newly appointed judge will be a request to move Mr. DeLay's trial out of heavily Democratic Travis County.

During the hearing, Travis County District Attorney Ronnie Earle argued that "whether somebody gives to a political party doesn't mean anything about whether they are for or against Tom DeLay. There is a strong presumption of judicial impartiality. ... We cannot afford to make integrity a partisan issue."

Judge Perkins voluntarily stepped aside in a 1994 case against Sen. Kay Bailey Hutchison, R-Texas, because he had made a $300 contribution to her political opponent. But the judge had declined to recuse himself in Mr. DeLay's case.

Mr. DeLay is accused, along with his associates, Jim Ellis and John Colyandro, of soliciting $190,000 in corporate donations and sending them to the Republican National Committee. The committee subsequently donated a total of $190,000 to seven Republican candidates for the Texas legislature, circumventing Texas election law that bans direct corporate contributions to state campaigns.

All three have denied wrongdoing. Mr. DeLay also has accused Mr. Earle, a Democrat, of pursuing a political vendetta against him.

Mr. DeLay's legal defense cost at least $260,000 in the third quarter of this year, the period ending with his indictment, but none of that expense has been borne by him personally, according to a financial disclosure by his legal defense fund yesterday.

During the same period, the fund reaped at least $318,020, including $141,000 from corporations and political action committees, and $177,020 from energy firm executives and other individuals.

First published on November 2, 2005 at 12:00 am
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