The legal team for Sgt. Daniel Perry, who was recently convicted this past week on murder charges regarding an incident with an extremist left-wing protester who was sporting an AK-47, filed a new motion this week attempting to secure a new trial.
Attorney Clinton Broden stated via the motion that a brand new trial was now necessary because of the fact that District Attorney Jose Garza — whose entire campaign was heavily backed by billionaire Democrat megadonor George Soros — gave the order to fully stop any exculpatory evidence from being brought in front of the jury.
Back on July 25 of 2020, Perry fired on and killed Garrett Foster in what he claims was an act of total self-defense. While officially convicted of the murder charge, Perry ended up being acquitted on a charge of aggravated assault.
At first, Perry was not charged with and crimes at all in the wake of the incident, but a few months later, in 2021, Garza secure the office and chose to go back and fully 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, who was the lead investigating detective assigned to the case, claimed in an affidavit that Garza had acted exhibiting “criminal behavior” when it came to the case.
“I had several conversations with the District Attorney’s Office regarding the presentation of exculpatory evidence related to Daniel Perry,” stated Fugitt. “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 stated. “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 stated 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.”
Greg Abbott, the Republican Governor of Texas, stated this past weekend that he was busy attempting to secure a pardon for Perry.
“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,” stated Abbott in a release. “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,” he went on. “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 choice to go after “rogue District Attorneys” takes place in the wake of Florida Governor Ron DeSantis sending out law enforcement to take down a woke Soros prosecutor that was abusing their power in his state.