Judge in Tom DeLay case removed at congressman's request

Lawyers for Republican Congressman Tom DeLay are pushing for a change of venue after successfully arguing to have a judge removed from the case against him.

Defence lawyers have been pressing for a new judge and a different location that they say are necessary for DeLay to get a fair trial on money laundering and conspiracy charges.

DeLay was forced to step down as House Maority leader – the No. 2 position in the House of Representatives – after he was indicted on the charges in an alleged campaign finance scheme to help put more Republicans in the Texas House and Congress. He is one of the top American political leaders and a key player in getting Bush administration legislation passed in the House.

Yesterday, semi-retired Senior Judge C.W. “Bud” Duncan ruled after a four-hour hearing that Judge Bob Perkins should be removed from DeLay’s case because of his financial contributions to Democratic candidates and causes.

Judges are elected in Texas and are free to contribute to candidates and political parties. DeLay’s lawyers repeatedly said during the hearing that they were not accusing Perkins of doing anything wrong, but that there should not be a public perception of partiality in the case.

“The public perception of Judge Perkins’ activities shows him to be on opposite sides of the political fence than Tom DeLay,” defence attorney Dick DeGuerin argued.

Perkins had declined to withdraw from the case. He did not attend yesterday’s hearing and he did not return a call to The Associated Press for comment.

Prosecutors argued that judges are presumed to be impartial and that never in Perkins’ approximately 30 years as a judge has he been accused of being biased.

“We cannot afford to make integrity a partisan issue,” District Attorney Ronnie Earle said.

DeLay had no comment as he left the courthouse. Throughout the proceedings, he sat in the front row behind his lawyers with his wife and aides. He often smiled, and occasionally chuckled when Democrats said negative things about him in their testimony.

DeLay’s lawyers also are seeking to have the trial moved out of Austin, citing media attention and noting that Austin, widely perceived as a liberal college town, is “one of the last enclaves of the Democratic Party in Texas".

DeLay was forced to step down as House majority leader after being charged with funnelling corporate campaign contributions to Republican candidates for the Texas Legislature. Texas law forbids the direct use of corporate money for campaigning.

DeLay’s lawyers subpoenaed Perkins to testify, but Duncan did not make him take the stand. Perkins argued that his participation would threaten the public’s confidence in the judiciary.

Perkins voluntarily stepped aside in a 1994 case against Republican Senator Kay Bailey Hutchison. Perkins had made a £170 (€250) contribution to Hutchison’s opponent. Hutchison, who was also represented by DeGuerin, was ultimately acquitted of misconduct charges.

The defence team in Hutchison’s case also won a change of venue, and the trial was moved to more conservative Fort Worth.