Daniel Perry murder case: Attorney files motion for retrial
https://www.fox7austin.com/news/dani...motion-retrial
By Amanda Ruiz and FOX 7 Austin Digital TeamPublished April 11, 2023 2:31PMAustinFOX 7 Austin
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.
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.
Daniel Perry sentencing to be decided by Travis County judge
A jury found Daniel Perry guilty of murder for killing Black Lives Matter protester Garrett Foster in 2020. The sentencing might not matter, since Gov. Abbott announced he wants to pardon Perry.
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.
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