Thursday, September 19, 2013

Insufficient Evidence: Tom DeLay Convictions Reversed on Appeal

Political prisoner Tom DeLay had his money laundering convictions reversed today, based on insufficency of the evidence, by Texas' Third Court of Appeals sitting in Austin. The 2-1 majority opinion held that there was no underlying violation of the Texas Election Code, and hence no illegal proceeds to be laundered. Thus ends, for now, one of the most abusive and unfair political prosecutions in recent Texas history. The State can appeal to the Texas Court of Criminal Appeals. The majority opinion is here.  The opinion reveals that the jury twice asked, in essence, whether DeLay could be guilty of money laundering if the "proceeds" were not originally procured in violation of law. In each instance, the trial court refused, at the State's urging, to answer the jury's question. How pathetic.  Hat tip to Dave Westheimer for bringing the decision to my attention.

(wisenberg)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2013/09/insufficient-evidence-tom-delay-convictions-reversed-on-appeal.html

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