Daniel Perry murder case: Attorney files motion for retrial
AUSTIN, Texas - An attorney for Sgt. Daniel Perry has filed a motion for a new trial after a jury recently found Perry guilty of murder in the death of Black Lives Matter protester Garrett Foster on July 25, 2020.
The attorney alleges in court documents that key evidence was kept from jurors.
The motion comes as Travis County District Attorney José Garza wrote to the Texas Board of Pardons and Paroles to request an appointment ‘to present evidence considered by the jury' in Perry’s murder trial. Garza also wants to Board to hear from the victim's family.
The request comes days after Governor Greg Abbott called on the Board to pardon Perry.
You can view the motion for the new trial below:
In a 26-page motion filed April 11, Daniel Perry's defense team called for a new trial. This comes after a jury convicted Perry of murder Friday, April 7 for shooting and killing protester Garrett Foster in 2020.
The motion details why a new trial is necessary by claiming key evidence was kept from the jury which shows Foster and other protesters as the "first aggressor." Several photos were included in the motion. The defense claims those photos were from a month before the incident and show Foster attempting to stop cars using his girlfriend’s wheelchair as other protesters swarm the vehicles.
A transcript of an interview done with Foster the day of the incident was also included. When asked if Foster thinks he’d use his rifle, he responded, "Na. I think uh- I mean if I use it against the cops, I’m dead. I think all the people that hate us, and you know, wanna say **** to us are too big of a ***** to stop and actually do anything about it."
The defense claims that evidence would have proven Foster as the intimidator and prove these protests were not as "peaceful" as some testimony led the jury to believe. The motion adds the jury was subjected to outside influence.
According to the defense, a juror revealed another juror conducted research at home during the overnight break and presented that research to the rest of the jury. It was also said that an alternate juror did not verbally participate in deliberations but did make reaction noises expressing displeasure with certain comments made by the jury.
The defense claims this is enough for a new trial.
At the same time, the Texas Board of Pardons and Paroles is looking into possibly recommending a pardon for Daniel Perry per a request made by Governor Greg Abbott.
The Texas Board of Pardons and Paroles sent FOX 7 Austin this statement:
"Chairman Gutierrez, the Presiding Officer of the Texas Board of Pardons and Paroles has received a request from Governor Abbott asking for an expedited investigation, along with a recommendation as to a pardon for U.S. Army Sergeant Daniel Perry. The board will be commencing that investigation immediately. Upon completion, the board will report to the governor on the investigation and make recommendations to the governor. The Board has no further comment."
"There is no question that Governor Abbott's actions have weakened the rule of law here in the state of Texas, and they have weakened our public safety here in Travis County," said Travis County District Attorney Jose Garza in an interview with FOX 7 Austin Monday.
On April 11, DA Garza requested to meet with the board personally, so he could present evidence considered by the jury in this case. In a letter sent to the board, he asked them to review the trial transcript, evidence from trial officials, and request input from Garrett Foster’s family before making a final recommendation to the governor.
"My thoughts are with the Foster family. I know that they are heartbroken right now. I know that justice feels incredibly elusive for them," said DA Garza.