Court upholds DeLay count dismissal

AUSTIN, Texas, Sept. 26 (UPI) -- The Texas Court of Criminal Appeals Wednesday refused to reconsider its dismissal of a conspiracy indictment against former U.S. Rep. Tom DeLay, R-Texas.

The appeals court, which voted 5-4 in June to dismiss a conspiracy count against the former House Majority Leader, said Wednesday it would not reconsider that ruling, The Austin (Texas) American-Statesman reported.

DeLay was charged with conspiracy to violate the election code in connection with the 2002 election. The court ruled the indictment was invalid because conspiracy to violate the election code was not a crime in Texas until 2003, the newspaper said.

The ruling clears a path for Travis County District Attorney Ronnie Earle to prosecute DeLay and two others on charges of money-laundering and conspiracy to launder money.

DeLay, Jim Ellis and John Colyandro are accused of orchestrating illegal donations to the campaigns of several 2002 Republican candidates.

DeLay’s legal team is trying to have the trial removed from Travis County, accusing Earle of prosecutorial misconduct, The Houston Chronicle reported.