Evidence? We Don't Need No Stinking Evidence!

The prosecutor who couldn't shoot straight, none other than Ronnie Earle of Travis County, TX, has a little problem. His primary evidence against Tom DeLay seems to have come up missing:

The most compelling piece of evidence cited by Travis County District Attorney Ronnie Earle to implicate House Majority Leader Tom DeLay in a money laundering and conspiracy case can't be located, Earle's prosecution team admitted on Friday.

Indictments against DeLay and fundraisers Jim Ellis and John Colyandro allege that Ellis gave "a document that contained the names of several candidates for the Texas House" to a Republican National Committee official in 2002, reports the Houston Chronicle.

The document was touted as proof that DeLay was part of a scheme to swap $190,000 in restricted corporate money for the same amount of money from individuals that could be legally used by Texas candidates.

Not to fear - Ronnie has a possible substitute:

But Earle's prosecution team told the court on Friday that they had only a "similar" list and not the one allegedly given to the RNC. Late in the day, they released a list of 17 Republican candidates in Texas, but fewer than half are alleged to have received money as part of the alleged DeLay plot.

Apparently they've decided to go with the "fake but accurate" defense that Dan Rather tried to use in the Rathergate scandal. The best job in the country right now has to be the one held by DeLay's defense attorney. It's kind of like being Barry Bonds and having the pitcher through you nothing but 80 mph hanging curveballs.

DeLay's lawyer, Dick DeGuerin immediately pounced on the development, telling the Chronicle that the lack of a list "destroys" Earle's case against the three men.
"That's astonishing, astonishing that they would get a grand jury to indict and allege there is a list and then they have to admit in open court the first time they appear in open court that there is no list," DeGuerin said.

If this all sounds vaguely familiar, it's because Earle has been caught attempting this type of prosecutorial misconduct before:

Prosecutor Earle engaged in similar tactics in 1993, when he twice indicted Sen. Kay Bailey Hutchison for misuse of campaign funds, only to have the case dismissed both times. Earle indicted a third time, but when the case went to trial he failed to produce any evidence and was forced to dismiss all charges.

Some people just never learn.