Judge has options in sentencing DeLay

Associated Press

AUSTIN, Texas

Former U.S. House Majority 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 Democratic city in one of the most Republican states.

But after DeLay’s conviction Wednesday on money laundering and conspiracy charges, some legal experts say the edge may now shift to the Republican who represented a conservative 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. Though technically the money-laundering charge carries a punishment of up to life in prison, the judge has wide latitude and could end up just giving him probation.

Barry Pollack, a Washington-based lawyer who represents clients in white-collar and government corruption 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 Representatives.

For example, as a convicted 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.

The sentencing hearing, which is set to begin Dec. 20, will feature “numerous witnesses who will talk about the other acts of corruption that Tom DeLay has committed,” lead prosecutor Gary Cobb said. The defense, which called only five witnesses during the trial compared to 30 for the prosecution, also could present testimony in the penalty phase.