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The attorney for Sgt. Daniel Perry filed a motion Tuesday seeking a new trial. Perry was convicted of murdering Garrett Foster, a far-left protester, who pointed an AK-47 at him in a menacing manner causing the Army Sergeant to respond in kind with his own weapon and killing him.
Attorney Clinton Broden's motion said that a new trial was needed because DA Jose Garza, prevented exculpatory evidence from being presented to the jury. Garza's campaign was funded by billionaire leftist mega-donor George Soros who backs Democrats that will follow his theme of allowing justice to be turned on its head. Criminals often walk free and victims pay the price with the miscarriage of justice as it appears to have happened in this case.
The shooting incident happened on July 25, 2020 in what Broden contends was self-defense. Although Perry was convicted on a murder charge, he was acquitted on an aggravated assault charge.
When the shooting was first investigated Perry was not charged with any crimes, but months later, in 2021, Garza became DA and prosecuted him.
When the shooting was first investigated Perry was not charged with any crimes, but months later, in 2021, Garza became DA and prosecuted him.
“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 (R) signaled over the weekend that he was working to get Perry a pardon. The one question remaining is why isn't Abbott working on getting Garza criminally indicted, or at least removed from office?
“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 (R) signaled over the weekend that he was working to get Perry a pardon. The one question remaining is why isn't Abbott working on getting Garza criminally indicted, or at least removed from office?
“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.”
“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" follows in the footsteps of Gov. Ron DeSantis (R-FL) who sent law enforcement officials to remove a Soros puppet from power in the state, making it the first time this had been done to a Soros prosecutor by a governor.
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