Feb. 9, 2011, 3:51PM

http://www.chron.com/disp/story.mpl/metropolitan/7420197.html

AUSTIN — Tom DeLay's legal team filed a motion today asking for a retrial for the former congressman, convicted last November on charges of money laundering and conspiracy.

The motion, filed by DeLay's attorney Dick DeGuerin, seeks a new trial, citing juror misconduct, misapplication of the state's election code and the potential unconstitutionality of Texas' ban on corporate campaign contributions.

The case centered on $190,000 in campaign contributions to seven candidates for the Texas House.

DeLay's legal team argued that the money laundering statutes used by the prosecution were not applicable because the $190,000 in corporate campaign donations made to the Republican National Committee by DeLay's political action committee, Texans for a Republican Majority, was put in a separate account than the $190,000 in individual contributions that the RNC donated to seven candidates running for the Texas House in 2002.

Prosecutors argued that money laundering statutes had been violated because the money was fungible.

They pointed out when TRMPAC made the $190,000 donation of corporate contributions to the RNC it was accompanied by a list of names of seven candidates for the Texas House and specified how much money each was to receive. The RNC then donated a total of $190,000 to those candidates using funds donated by individuals.

Texas law bars contributions to candidate campaigns by corporations.

DeLay currently is free on bail while his defense prepares to file an appeal of the conviction.

He was sentenced by Judge Pat Priest, who presided over the case, to three years in prison for the conspiracy conviction and 10 years probation for money-laundering.