A Travis County grand jury last week refused to indict former U.S. House Majority Leader Tom DeLay as prosecutors raced to salvage their felony case against the Sugar Land Republican.

In a written statement Tuesday, Travis County District Attorney Ronnie Earle acknowledged that prosecutors presented their case to three grand juries — not just the two they had discussed — and one grand jury refused to indict DeLay. When questions arose about whether the state's conspiracy statute applied to the first indictment returned last Wednesday, prosecutors presented a new money-laundering charge to second grand jury on Friday because the term of the initial grand jury had expired.

Working on its last day Friday, the second grand jury refused to indict DeLay. Normally, a "no-bill" document is available at the courthouse after such a decision. No such document was released Tuesday.

Earle's statement on Tuesday said he took money-laundering and conspiracy charges to a third grand jury on Monday after prosecutors learned of new evidence over the weekend.

It's unclear whether those grand jurors refused to indict DeLay on money-laundering charges, a first-degree felony, because of the evidence or because it was given to them on the last day of their 90-day term.

Earle did not say in his statement what new evidence surfaced over the weekend. White, who said he doubts the evidence exists, challenged Earle to reveal it. Prosecutors also called [District Judge Mike] Lynch's grand jurors over the weekend to poll them on how they would have voted on money-laundering charges if they had been given the chance.

Then prosecutors tried again Monday with a new grand jury.

When Monday's grand jury, impaneled by District Judge Brenda Kennedy, a Democrat, reported for its first day, Earle was there to ask them to indict the second most powerful Texan in Washington.

About four hours later, the new felony indictments were returned.