Prosecutor reveals third grand jury had refused DeLay indictment

Austin American Statesman reported A Travis County grand jury last week refused to indict former U.S. House Majority Leader Tom DeLay as prosecutors raced to salvage their felony case against the Sugar Land Republican. In a written statement Tuesday, Travis County District Attorney Ronnie Earle acknowledged that prosecutors presented their case to three grand juries — not just the two they had discussed — and one grand jury refused to indict DeLay. When questions arose about whether the state's conspiracy statute applied to the first indictment returned last Wednesday, prosecutors presented a new money-laundering charge to second grand jury on Friday because the term of the initial grand jury had expired. Working on its last day Friday, the second grand jury refused to indict DeLay. Normally, a "no-bill" document is available at the courthouse after such a decision. No such document was released Tuesday.

It is often said that a good prosecutor can get an indictment against a Ham Sandwich. As I understand it, Earle empanneled at least 6 grand juries before he could find one to indict Delay, and now we get confirmation that he had at least three going at the same time, and one refused to indict.