DeLay’s attorney hoping to quiz Texas prosecutor

WASHINGTON – Indicted Rep. Tom DeLay’s attorneys turned the tables on a Texas prosecutor Tuesday, delivering a subpoena to compel his testimony about his conduct with grand jurors.

Defense attorney Dick DeGuerin, who contends there was misconduct by prosecutors, said Travis County District Attorney Ronnie Earle refused the subpoena at his Austin office when he declined to sign a paper acknowledging its delivery. Earle said he had voluntarily accepted the subpoena.

The subpoena is part of the defense tactic to have charges dismissed before trial against DeLay, R-Texas, who was obligated to step aside as House majority leader when charged with conspiracy and money laundering in a state campaign finance investigation. DeLay has denied any wrongdoing.

DeGuerin wants Earle and two of his assistants to testify, alleging prosecutors had improper contact with two grand juries that indicted DeLay and one that refused to file charges.

DeGuerin also asked that grand jurors be released from their secrecy oath so they could answer questions about the prosecutor’s conduct.

DeGuerin wants Earle to answer 12 questions about conversations he had with grand jurors, including whether the prosecutor became angry when a grand jury decided against an indictment of .

He also wants to know the details of Earle’s conversation with William Gibson, foreman of a grand jury that indicted DeLay on conspiracy charges.