Daniel Perry’s Legal Team Files Motion For New Trial

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.”

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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.

Gov. Bill Lee Calls On Legislature To Pass Red Flag Law, Signs Exec Order Strengthening Gun Background Checks

Gov. Bill Lee (R-TN) called for Tennessee’s Republican-majority legislature to pass a red flag law Tuesday after signing an executive order strengthening the state’s background checks on firearm buyers.

The new push comes two weeks after three children and three adults were murdered at the Covenant School in Nashville when a trans-identifying shooter made her way into the Christian school and gunned down students and staff. Lee told The Tennessean that he’s “asking the General Assembly to bring forward an order of protection law,” also known as a red flag law, which would enable the government to take firearms away from those who are found to be at risk to themselves or others.

“A new strong order of protection law will provide the broader population cover, safety, from those who are a danger to themselves or the population,” the governor said. “This is our moment to lead and to give the people of Tennessee what they deserve.”

Lee’s executive order creates a 72-hour period for any new criminal activity and court mental health information to be reported on the Tennessee Instant Check System, the background check system used by the Tennessee Bureau of Investigation (TBI). Under the order, the TBI is required to tell Lee’s office and the General Assembly within two months of “any barriers to complete, accurate, and timely reporting of information that is accessible in TICS,” The Tennesseean reported.

Red flag laws — which are on the books in 19 states, including Republican-led states Indiana and Florida — specifically target those deemed to have mental health issues, and allow a state court to issue an order for law enforcement to confiscate weapons from those ruled to be at risk. The 28-year-old Covenant School shooter, who stockpiled seven firearms, was receiving treatment for an “emotional disorder,” according to Nashville police, and her parents did not want her to own guns.

Opponents of red flag laws argue that they pose a threat to Second Amendment rights and due process, and do not prevent criminal acts. Former National Rifle Association spokeswoman Dana Loesch told The Daily Wire, “Red flag laws are only about two things: removing your due process protections and seizing guns. The mental health of the individual in question is not treated. You’re declared guilty and penalized in an ex parte process, and after must pay to defend yourself before a judge. There is no evidence to support they reduce gun homicide. There already exist ways to have a dangerous individual adjudicated mentally unfit, or placed in temporary custody, due to the threat they pose either to themselves or others. Not exercising those options isn’t the same as no options existing.”

In a statement shared with The Daily Wire on Tuesday, Tennessee House Speaker Cameron Sexton said that the House is “willing to work toward bipartisan solutions to protect all children at their schools, in their communities, and inside their homes” as long as any order of protection law has “a level of due process, protections from fraudulent claims, and a quick judicial hearing for individuals who pose imminent threats.”

“We all appreciate Gov. Lee’s leadership and his commitment to finding solutions to stop tragedies like the Covenant School shooting from two weeks ago,” Sexton added.

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When asked by The Daily Wire earlier this month about his position on a “red flag law,” Lee’s office said that it’s important to the governor to pursue solutions that will seek to protect both the lives and Constitutional rights of those in his state.

Earlier this month, Lee proposed a plan to place an armed school resource officer (SRO) in every public school and provide funding for private schools to hire armed guards with the same level of training as those in public schools. Private schools would not be forced to join in on the program, The Tennessean reported.