Red Bluff Daily News

November 26, 2010

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8A – Daily News – Friday, November 26, 2010 Judge has many options in sentencing ex-Rep. DeLay AUSTIN, Texas (AP) — Former U.S. House Majori- ty Leader Tom DeLay argued throughout his trial that the deck was stacked against him by a politically motivated prosecutor and a jury from the most Democ- ratic city in one of the most Republican states. But following DeLay’s conviction Wednesday on money laundering and con- spiracy charges, some legal experts say the edge may now shift to the Republican who represented a conserv- ative Houston suburb for 22 years. Before DeLay’s inevitable appeal, which his lawyers predict will be a far friendlier process than his trial, he faces sentencing next month from Senior Judge Pat Priest. While technically the money laun- dering charge carries a pun- ishment of up to life in prison, the judge has wide latitude and could end up just giving him probation. ‘‘It is absolutely impos- sible he would get any- where near life,’’ said Philip Hilder, a Houston criminal defense attorney and for- mer federal prosecutor. ‘‘It would be a period of a few years, if he gets prison.’’ Barry Pollack, a Wash- ington-based lawyer who represents clients in white- collar and government cor- ruption cases, said the judge may not feel the need to throw the book at DeLay, figuring the conviction itself is severe punishment for someone who once ascended to the No. 2 post in the House of Representa- tives. For example, as a con- victed felon, DeLay won’t be able to run again for public office or even be able to cast a vote until he completes his sentence. ‘‘I think in a lot of cases a judge wants to make an example, but I don’t see that happening here,’’ Pol- lack said. Prosecutors accused DeLay of conspiring with two associates to use his Texas-based political action committee to send $190,000 in corporate money to an arm of the Washington-based Repub- lican National Committee. The RNC then sent the same amount to seven Texas statehouse candi- dates. Under Texas law, corporate money can’t go directly to political cam- paigns. The money helped Republicans take control of the Texas House in 2002, and once there, they were able to push through a DeLay-engineered con- gressional redistricting plan that sent more Texas Republicans to Congress in 2004, strengthening DeLay’s political power. While the string of alleged events may have been difficult for jurors to follow, outside legal observers said prosecutors were able to prove that DeLay had an undeniable motive for breaking the law. Phillip Turner, a Chica- go attorney who focused on criminal tax and public cor- ruption cases as a federal prosecutor in the 1980s, said jurors always want clear evidence that the defendant stood to person- ally gain through his alleged misdeeds. Turner contrasts the DeLay case with the feder- al corruption trial of former Illinois Gov. Rod Blagoje- vich, who was convicted only on a lesser charge of lying to the FBI, with the jury deadlocking on 23 other charges — including the most serious ones. Although prosecutors argued Blagojevich wanted to enrich himself by trying to sell the Senate seat that once belonged to President Barack Obama, Turner said a ‘‘corrupt motive’’ was tougher to prove in that case. Blagojevich didn’t seem to receive any reward, either in money or power, and it was unclear whether he ever really intended to, Turner said. ‘‘Those are the sorts of facts that make a difference in a jury’s mind and lead to a conviction in one case and a hung jury in another,’’ Turner said. DeLay opted to be sen- tenced by Priest, a Democ- rat, rather than a jury in heavily Democratic Austin. Hilder said that was a wise move, particularly if DeLay thinks he might be able to get by with just a probation sentence. ‘‘The judge may be more receptive than a jury,’’ Hilder said. ‘‘He obviously thinks he will get a fairer shake with the judge. The jury more likely would sentence him to prison time.’’ The sentencing hearing, which is set to begin Dec. 20, will feature ‘‘numerous witnesses who will talk about the other acts of cor- ruption that Tom DeLay has committed,’’ lead pros- ecutor Gary Cobb said. The defense, which called only five witnesses during the trial compared to 30 for the prosecution, also could pre- sent testimony in the penal- ty phase. But even with sentenc- ing nearly a month away, DeLay’s lawyers expressed confidence they could over- turn the conviction rather than just minimize the pun- ishment. Although they haven’t named the specific areas of the case they intend to appeal, their denied change of venue request is almost certainly to be among them. DeLay also long contended the charges against him were a political vendetta by Ronnie Earle, the former Democratic Travis County district attorney who originally brought the case and is now retired. • Women’s Clothing • Missy & Plus Sizes • Accessories • Shoes • Gifts Bring in coupon for 10% OFF Holiday Hours: Tues thru Sun 11am-6pm Tops • Pants Expires 11/30/10 530.865.8141 • 418 Walker Street • Orland • CA 95963 Business NEW Ron Freemyers from Corvettes Unlimited passes the keys to Red Bluff High School 2010 graduate Matt Mueller. Matt was the grand price winner of the donated Vesper scooter at the Red Bluff Sober Grad Celebration held back in June. Corvettes Unlimited has been very generous in their donations to Sober Grad for several years now. The 2010 Senior Class and the Sober Grad Community Organization would also like to recognize and say a big “THANK YOU” to the following businesses for their wonderful and invaluable donations to this year’s festivities: Business Donations NuWay Market Tehama County Assoc. of Realtors North State Properties Inc. Century 21 Mayfield Insulation Truman Christ Insurance Agency, Inc. Oak Creek Golf Course Dr. Dan King Corning Ford Mercury Bell-Carter Foord, Inc. Tetrad Services, Inc. Dr. James “Bud” Tysinger, Jr. Red Bluff Emblem Club No. 408 St. Elizabeth Community Hospital Sullivan Drilling, Inc. Razor’s Edge Salon WaterWorks Park Tedon Special Ties, Inc. Dr. Robert Dunbar RedBluff Lions Club GreenWaste of Tehama Frank & Doreen Perino Dr. Donald Shoff McGlynn & McGlynn Richard & Lana Scheuler Gibson Realty, Inc. Valley Veterinary Clinic Norman Sutherland/ Sunshine Cleaners Tehama County Farm Bureau Tehama Women’s Health Specialists Westside Mini Storage Lassen Forest Products, Inc. Children’s First Foster Family Agency Wilcox Oaks Golf Club Law Office Dennis Albright Baskin Robbins Staples - Linda Enos Xtreme PC Solutions Bondage Breaker Recovery Service Bondage Breaker Recovery Group Home Susanville Ford Inc. Vanella Oil Inc./Antelope Valero Wal-Mart Store #1608 Kiwanis Bluf of Red Bluff Keith R Thomas Agency Red Bluff Bull Sale Committee, Inc. Green Waste of Tehama/ Waste Connections Tremont Café & Creamery Bud’s Jolly Kone M & M Ranch House Target Cumpton Trucking Inc. J & L Towing Tehama County Deputy Sheriff’s Assoc. Elmore Pharmacy Lassen Medical Group Inc. Rayco Pest Control McCarthy & Rubright, LLP Tehama Fire Fighters Burn & Benevolent Law Firm of Muto & Muto Clearwater Pump Co. Hoyt-Cole Chapel of the Flowers Mt. Lassen Post #167 American League Rolland Papendick Attny at Law Sierra Nevada Brewing Co Hi Plains Construction Inc. American Legion Aux #167 W.S. Hetiman Drilling Red Bluff UHSD - Senior Class Acct. Dudley Excavating Inc. Vesper Masonic Lodge #84 H. Jack Fennel, OD William J Moore DMD & Assoc. Law Office of Kenneth A. Miller Red Bluff UHD Teachers Assoc. Northern Cabinets Community Christian School PJ Helicopters CSEA Chapter 354 Lois Blanchard G & G Award Center Red Bluff Industrial Electric Inc. American Eagle Outfitters Mountain Counties Supply Co. Mt. Shasta Ski Park One Stop Brad Peek Jill’s Freshstop Market & Deli JA Sutherland Inc./Taco Bell Jack in the Box Costco Wholesale #133 Nabisco Company Keebler Company Pepperidge Farms Headquarters for Hair Mt. Lassen Trout Farms, Inc. WPAC Chapter 4 Ben’s Truck & Equipment Inc. Cottonwood Drugs North Valley Ag Services Tractor Supply Co. Prime Cinemas Valero Food Mart McDonald’s Mt. Shasta Spring Water Gumm’sOptical Shoppe Avant-Garde Tanning Salon Hal’s Eat Em-Up Burrito Bandito John Wheeler Logging Miner’s Restaurant Equipment Grocery Outlet Paint Mart Antelope Holiday Mr. Pickles Sandwich Shop Sacred Heart Parish School Please patron these local businesses during the upcoming holiday season to show your gratitude and to say “thank you.”

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