Houston Chronicle 2/10/11DeLay lawyers seeking a retrialAUSTIN — Former U.S. House Majority Leader Tom DeLay's legal team on Wednesday filed a motion asking for a retrial for the former congressman, convicted last November on charges of money laundering and conspiracy.
The motion, filed by DeLay's attorney Dick DeGuerin, seeks a new trial, citing juror misconduct, misapplication of the state's election code and the potential unconstitutionality of Texas' ban on corporate campaign contributions.
"A motion for a new trial sets aside the verdict; so it's not just the new trial, it's setting aside the verdict, which we don't think is just." DeGuerin said. "It gets down to the basics that there wasn't a crime. There wasn't a crime alleged and there wasn't a crime committed."
The Travis County District Attorney's office called the motion groundless.
"We oppose the motion and we don't think any real legal grounds are alleged to disturb the verdict and accept the motion for a new trial," said Steve Brand, a prosecutor who worked on the case. He declined further comment.
There he goes again - jury and judge shopping!
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