That grand jury, according to a report on CNN, refused to issue the requested indictment.
Only after Earle went to yet another grand jury did he get an indictment, based solely on an interview Earle had with DeLay. No other evidence, period. Normally, DAs that can't get an indictment don't try again, but not this guy. It's called "forum shopping", and is usually frowned upon.
When will the Left admit that Earle's indictments are just partisan abuse of his office, and don't have any real substance to them? He got them - and let's face it, they're not the grand jury's indictments, but Earle's; a halfway competent DA can get a chicken sandwich indicted, which just shows how thin the second one is! - purely as a way to force DeLay from the majority leader's post in the House. It should be noted here that, despite all the screaming from the Left when that rule was repealed early this year, the Democrats have no similar rule of their own.