AUSTIN (KXAN) – Former House Majority Leader Tom DeLay was in a Texas courtroom Tuesday morning for a pre-trial hearing on charges of money laundering and conspiracy, after learning on Aug. 16 that the U.S. Justice Department ended its own investigation without filing any criminal charges against him.

The hearing began at 9 a.m. DeLay has waited five years for a trial.

The judge decided the former Texas Congressman should be tried before his two co-defendants, John Colyandro and Jim Ellis, because prosecutors want to press different charges against them. 

The case stems from the 2002 Texas elections in which the men are accused of laundering illegal campaign money through an organization in order to tip the scales in the GOP’s favor in legislative elections. Several Texas House Democrats were unseated those elections.

The grand jury met Tuesday afternoon in a closed session to discuss new evidence submitted by the defense, suggesting past prosecutorial misconduct in the case by former Travis County District Attorney Ronnie Earle.

Based on that outcome, the judge will consider a possible change of venue for the trial. If they decide to move the trial, the new venue and trial date will be announced on Wednesday at 9 a.m.

DeLay and his attorneys say they believe Travis County and its heavy Democrat base would not be in their favor.

“I’m very encouraged that the judge ruled that I’m going to get my trial first and that I’m severed from other defendants,” DeLay said. “Tomorrow’s going to be very interesting, because it’s our understanding in the statutes I have to be tried in my own home county, and rightfully so,” said DeLay during the recess. “I doubt I can get a fair trial here in Travis County. I think I’m more hated here in Travis County than any other politician.”

If a change of venue is granted, new locations thrown out have been Waco and San Antonio. DeLay favors Houston, his hometown.

University of Texas legal expert Steve Bickerstaff said the “hometown rule” only applies in election cases. Money laundering does not fall under the election code, so it is unlikely DeLay would receive the Houston change of venue.

“We’re asking the court to consider the fact that the state failed to provide exculpatory evidence to the grand jury, evidence that would show there was no crime,” said Colyandro’s attorney, Joe Turner. “Well, it’s obvious we can’t get a fair trial here in Travis County. People in Travis County are still angry about this redistricting and I think that goes to the heart of why I’m concerned, as a trial lawyer, why I want to try this case, not just for pre-trial publicity. There’s been a lot of that. But what I’m most concerned about is that every Democrat here sees themselves as a victim of a very alleged offense. Whatever happened here, they perceive them as being victims in the case. I don’t think it’s fair to try my client in front of the people who think they’re victims.”

“While I’m glad that Tom DeLay recognizes that Travis county is a community of interest that supports Democratic candidates, I think it is absurd to claim that he would not get a fair trial here,” said Andy Brown, Travis County Democratic Chair. “As his lawyers know, our courts are the best, most impartial courts in the state of Texas. It appears that Mr. Delay is trying to delay the inevitable, that of a jury of his peers deciding his fate.”