Although a few editorialists are still in the dark apropos the turning tide in the Tom DeLay case, the national news media seem to be acknowledging by their silence that Texas prosecutor Ronnie Earle’s case is flying off the rails. Here’s what we know:

1. When lawyers for DeLay’s co-defendants demanded that he produce a document central to the indictments, Earle could not produce it. Those co-defendants are now moving to have their cases dismissed, as is DeLay.

2. When indicted, DeLay publicly attacked Ronnie Earle. But his co-defendants, Jim Ellis and John Colyandro — who have been under indictment for over a year — have mostly let their lawyers do the talking. But this week, Colyandro spoke with me about some of the aspects of the case, and even went on the record to discuss Earle’s inability to come up with his key piece of evidence. Why is Colyandro suddenly willing to talk to the press? My theory (which I did not discuss with him) is that Earle’s inability to produce the document referenced in his indictments was a watershed moment in the case, and suddenly politicos in Texas are less afraid of him. People I’ve talked to in this case, as recently as two weeks ago, have expressed reservations about going on the record for fear of angering Earle. It’s a major sign of his weakness that suddenly people are willing to go on the record.

3. Earle’s investigation has reached new lows of desperation. His three-year investigation, characterized by an ever-widening scope, recently took a turn for the pathetic when he issued a subpoena for the phone records of Jim Ellis’ 17-year-old daughter. Since first indicting DeLay, Earle’s team has been scrambling: The first indictment looked like it wouldn’t hold up in court, so Earle brought his case to a new grand jury. After that grand jury refused to give Earle his indictments, Earle went to yet another grand jury, which finally bought what he was selling. Since then, Earle has gone on a desperate scramble for evidence, subpoenaing Tom DeLay’s phone records, those of his daughter, and records relating to a minivan DeLay apparently leased in 2003. DeLay attorney Bill White recently told the AP, “It seems to me he should have been doing it the last three years. Now is a little late to start checking on his evidence.”

Now it’s looking like the tables might be turned, as DeLay’s attorney, top Texas lawyer Dick DeGuerin, is looking into Earle’s grand-jury shopping and possible misconduct. As much as the media would like to fit the DeLay indictment into their portrait of GOP corruption, it’s looking like this puzzle piece just won’t fit.