blank'/> Liberally Lean From The Land Of Dairy Queen: An Actual Legal Point

9.29.2005

An Actual Legal Point

There is the strangest thing in the Tom Delay indictment. The crime he is accused of had a three year statute of limitations. The State missed the deadline which normally means the charge would be dismissed. But the indictment has the following paragraph (the likes of which I have not seen in over 15 years of practicing criminal law): "The Grand Jury further presents that, with the advise and consent of counsel, the defendent, Thomas Dale DeLay, did heretofore knowingly, intelligently, and voluntarily waive application of Articles 12.01 and 12.02 of the Texas Code of Criminal Procedure [those are the statute of limitation statutes] to the indictment presented herein. In particular, the Grand Jury present that with the advice and consent of counsel, the defendent, Thomas Dale DeLay, did knowingly, intelligently, and voluntarily waive the requirement that an indictment for the felony offense . . . be presented within three years from the date of commission of the offense . . . ." Huh? I've never told a DA to take his/her time to indict my client and we won't assert the statute of limitations as a defense. Something is going on.

2 comments:

Condoleesa said...

I think he thinks he can beat it. This way he can put it in the open and at least try to clear his name. Had he waived it he would have had a stigma forever. This way he can have his day in court.

Anonymous said...

I agree with Barry and condoleesa. "Something is up", and I can't think of any reason why a defendant and defense counsel would do this, other than they are sure the case is fatally flawed in some respect. In other words, nothing in the political arena can ever be taken at face value, as usual. We (the public) must ALWAYS keep that in mind when we read about political "happenings"--there always seems to be another agenda other than what appears on the surface.