WHAT'S THE DIFFERENCE BETWEEN A HAMMER AND A HAM SANDWICH?:

Prosecutor reveals third grand jury had refused DeLay indictment: Newly impaneled grand jury returned money-laundering charge within hours (Laylan Copelin, , October 04, 2005, AMERICAN-STATESMAN)

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.

Earle's statement on Tuesday said he took money-laundering and conspiracy charges to a third grand jury on Monday after prosecutors learned of new evidence over the weekend.

MORE (via Kevin Whited):
Earle's actions, movie add erratic element (EDITORIAL BOARD, October 05, 2005, Austin American Statesman)

Travis County District Attorney Ronnie Earle has added several more acts to the already circus-like investigation of alleged Republican campaign funding illegalities.

The latest act unfolded on Tuesday afternoon when Earle disclosed that he had gone grand jury shopping on Friday after an indictment against former U.S. House Majority Leader Tom DeLay, which was returned last Wednesday, was questioned for its legality.

Working on its last day, a second grand jury declined to indict DeLay on Friday. Earle's office said it received new information over the weekend, so it went to yet a third grand jury empaneled on Monday, the last possible day under the statute of limitations. That grand jury returned the new indictments.

Earle's panicked rush lends credence to those who complain that he is a partisan playing politics with the grand jury, and it gives ammunition to critics who argue that he has been hapless in his three-year probe.

Earle also didn't help himself by becoming Austin's newest movie star, allowing a documentary crew to film his pursuit of possible financial wrongdoing by Republican operatives in 2002.

As Brother Whited points out, you've waded into deep dookie when your partisan prosecution won't even play in Austin.

Posted by Orrin Judd at October 5, 2005 10:53 AM