Hearing set for judge in DeLay case

April Castro

AUSTIN, Texas — Attorneys defending Republican U.S. Rep. Tom DeLay are hoping they can convince a judge that Democratic state district Judge Bob Perkins should not oversee DeLay’s criminal trial. On Tuesday, visiting judge C.W. Duncan was to hold a hearing on whether Perkins should be removed from DeLay’s politically charged case because of alleged bias. DeLay was expected to attend the hearing.

DeLay was forced to step down as House Majority leader after he was charged with criminal conspiracy and money laundering in an alleged campaign finance scheme to help put more Republicans in the Texas House and Congress.

His defense team claims that Perkins is biased and cites several contributions Perkins made to Democratic candidates and causes. “He should not be the judge to preside over the trial proceedings relating to a person to whom he is opposed politically,” DeLay attorney Dick DeGuerin argued in a brief filed with the court on Monday.

DeLay’s legal team has subpoenaed Perkins to testify, but the judge filed a motion to avoid testifying. Perkins argued that his participation in the proceedings would threaten “public confidence in the integrity and the impartiality of the judiciary.”

DeLay’s attorneys have cited 34 political contributions Perkins has made to Democrats since 2000, including donations to MoveOn.org, a liberal advocacy group that has waged a campaign against DeLay.

Perkins has said that his contributions to MoveOn.org were before it launched its anti-DeLay campaign. Prosecutors also argue that six of the contributions were wrongly counted twice by DeLay’s attorneys.

Perkins has declined to recuse himself from the DeLay case. He voluntarily stepped aside in a similar 1994 case against Sen. Kay Bailey Hutchison, who also was represented by DeGuerin. Perkins had made a contribution to Hutchison’s political opponent. Hutchison was acquitted of misconduct charges.

DeLay and his associates are accused of funneling corporate donations through Texans for a Republican Majority, a political action committee founded by DeLay, to an arm of the Republican National Committee, which sent it back to seven GOP candidates running for the Texas Legislature in 2002. Texas law prohibits corporate money from being used directly in political campaigns.

Charles Soechting, chairman of the Texas Democratic Party, also was subpoenaed last week by DeLay’s attorneys.

(Associated Press)