Monday, October 17, 2005
According to the Houston Chronicle (AP) here, Tom DeLay could have accepted a plea to a misdemeanor. If he had taken the plea he would not have needed to relinquish his seat as majority House leader. DeLay must obviously think he can be successful in front of a jury. Timing of the trial may be problematic as his two co-defendants are not as anxious as him to proceed to trial. The trial court could grant DeLay a severance from the trial of the two co-defendants others in order that DeLay go to trial while the other co-defendants pursue an appellate issue. On the other hand, the court might find the severance unnecessary. The key question will be whether DeLay will be as confident after the prosecution has presented its case in chief.