(And now you understand the importance of electing Woodie Jones to the 3rd Court of Appeals. - promoted by Karl-Thomas Musselman)
It appears the Third Court of Appeals has voted along partisan lines to deny a rehearing of the case against James Ellis and John Colyandro. Details about the denial are contained in an article by the Houston Chronicle.
It appears the reason for denial is that at the time of the incident the Texas law applied to cash and not checks based on definition of money laundering prior to 2005. In 2005 checks, electronic funds, and other forms of payment were added to the money laundering statute. In other words a technicality in how the law was constructed may force the prosection to dismiss the charges. Tom DeLay faces a siimilar case so the results of this case, especially along these lines, may result in his case being thrown out.
Interestingly enough the Court did uphold the Texas Election Code that Ellis and Colyandro challenged. So according to the decision they did violate the code but did so using financial instruments not covered under money laundering statutes at the time of committing the acts.
Earle is considering whether to ask for a rehearing or appeal the decision to the Court of Criminal Appeals. Justice Dianne Henson, a Democrat, provided the dissent.
Absurdly it looks like that if this is upheld Tom DeLay will get off free on the charges without ever having to really deal with the matter. While the reason for denial of rehearing is a technical point the public can only see this as vindication of Tom DeLay. |
