Prosecutor reveals third grand jury had refused DeLay indictment

Newly impaneled grand jury returned money-laundering charge within hours

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.

Lawyers for DeLay immediately called foul after Earle released his statement after 5 p.m. Tuesday.

"What could have happened over the weekend?" said Austin lawyer Bill White, who represents DeLay. "They investigate for three years and suddenly they have new evidence? That's beyond the pale!"

White suggested that Earle released his statement Tuesday because he feared reporters would learn about the no-bill.

In his statement, Earle said he would have no further comment because grand jury proceedings are secret.