Lawyers for Former House Majority Leader Tom DeLay asked that District Judge Bob Perkins, a Democrat, be removed from presiding over DeLay's criminal trial to avoid 'an appearance of bias.'
DeLay has been indicted on charges of money laundering and conspiracy in a campaign finance scheme. His lawyers claim that Perkins cannot give him a fair trial because the judge has made donations to Democratic political candidates and causes. In Texas, judges are elected and not appointed and they are permitted to make donations to political campaigns.
DeLay's lawyer, Dick DeGuerin admitted that he is not saying Perkins did anything wrong or immoral, but he contends that removing him from the case would 'protect the integrity' of the judicial system.
In his opening statement before Judge C.W. Duncan, DeGuerin alleged that 'The public perception of Judge Perkins' activities shows him to be on opposite sides of the political fence than Tom DeLay.'
Prosecutor Rick Reed asserted that DeLay's defense attorneys would have to prove and not speculate, that a member of the public would have a 'reasonable doubt that the judge is impartial. Judges are presumed to be impartial,' Reed explained.
DeLay's lawyers claim Perkins made a total of 34 political donations to Democrats since 2000 including a donation to MoveOn.org, a liberal advocacy group that has opposed many of the tactics used by DeLay. Perkins explained that all donations to MoveOn.org were made before it began its campaign against DeLay. They also assert that six of the donations that were made were counted twice by DeLay's attorneys.
