Saturday, November 12, 2005

The Latest in Tom DeLay's Case

According to an AP report (CNN.com) here, it looks like the attorneys representing Tom DeLay have asked the prosecutor to provide internal documents related to the charging of DeLay. The idea of a prosecutor providing internal work product documents may seem odd, but the question here may be whether some or all of that documentation contains exculpatory material - exculpatory to the defense.  To prove that a prosecutor has acted vindictively sufficient to justify a dismissal of the charges in most places requires a showing that the prosecutor acted intentionally.  In many cases the defense may think this to be the case, but is denied the ability to prove specific vindictiveness because of the inability to obtain the appropriate documentation. It is a tough road that the defense has in trying to prove improprieties in the process.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2005/11/the_latest_in_t.html

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