The attorney for Sgt. Daniel Perry, who was convicted late last week on murder charges stemming from an incident with a far-left protester who was carrying an AK-47, filed a motion on Tuesday seeking a new trial.
Attorney Clinton Broden said in the motion that a new trial was needed because District Attorney Jose Garza, whose campaign was backed by billionaire Democrat megadonor George Soros, prevented exculpatory evidence from being presented to the jury.
Perry shot and killed Garrett Foster on July 25, 2020, in what he says was an act of self-defense. While convicted of the murder charge, Perry was acquitted on an aggravated assault charge.
Perry was not initially charged with any crimes after the incident, but months later, in 2021, Garza took office and decided to prosecute Perry.
BREAKING: Attorney for Sgt. Daniel Perry files motion for new trial saying court kept key evidence from jurors. pic.twitter.com/etuAMGFNDG
— Chris Walker (@WalkerATX) April 11, 2023
David Fugitt, the lead investigating detective in the case, said in an affidavit that Garza acted with “criminal behavior” in the case.
“I had several conversations with the District Attorney’s Office regarding the presentation of exculpatory evidence related to Daniel Perry,” Fugitt said. “It became clear to me that the District Attorney’s Office did not want to present evidence to the grand jury that would be exculpatory to Daniel Perry.”
“On more than one occasion I was directed by the Travis County Attorney’s Office to remove exculpatory information that I had intended to present to the grand jury during my testimony,” he said. “Of my original 158 slide powerpoint presentation, the presentation was reduced to 56 slides with almost all of the exculpatory evidence ordered removed. I felt like I did not have any other options but to comply with their orders.”
Fugitt said that Garza’s directive to forbid exculpatory evidence from being shown during the case “is when the conduct of the District Attorney’s Office [went] from highly unethical behavior to criminal behavior.”
Texas Governor Greg Abbott signaled over the weekend that he was working to get Perry a pardon.
“Texas has one of the strongest ‘Stand Your Ground’ laws of self-defense that cannot be nullified by a jury or a progressive District Attorney,” Abbott said in a statement. “Unlike the President or some other states, the Texas Constitution limits the Governor’s pardon authority to only act on a recommendation by the Board of Pardons and Paroles.”
“Texas law DOES allow the Governor to request the Board of Pardons and Paroles to determine if a person should be granted a pardon,” Abbott continued. “I have made that request and instructed the Board to expedite its review. I look forward to approving the Board’s pardon recommendation as soon as it hits my desk. Additionally, I have already prioritized reining in rogue District Attorneys, and the Texas Legislature is working on laws to achieve that goal.”
Abbott’s decision to go after “rogue District Attorneys” comes after Florida Governor Ron DeSantis sent law enforcement officials to remove a woke Soros prosecutor from power in the state — the only time that a Soros prosecutor has been removed from power by a governor.