quote:

Originally posted by oddball:
Here is the affidavit from the lead investigator of this shitshow case.
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/snip

Given the above, and as someone else mentioned, wouldn't a retrial under appeal be more appropriate than a Pardon in order to secure a Not Guilty verdict?? And also given the above, in the appeal case, could the case then be dismissed due to witness tampering and the prohibition of exculpatory evidence by that piece of fecal matter DA?? I'm not familiar with the process of law and courts in appeal after an initial verdict has been rendered.

I'm sure Governor Abbott's intent is to get this done as expeditiously as possible, but what is the BEST course of action for the defendant?

A retrial vs a pardon.

Which is the most expeditious?

Which costs the defendant the least amount of money?

Which keeps the defendant out of prison, guaranteed?

I doubt the guy has unlimited time or deep pockets and I have not read that the ACLU has stepped up to defend his rights.

I would hope that Texas AG, after reading the lead investigators affadvit, would files charges of witness tampering on behalf of the investigator.

Charges against the D.A. would be a great way to send a message to these leftist.

These crooked and/or incompetent DAs need to feel it in their personal finances for the bad behavior. It's outrageous that they face zero consequences other than perhaps mild embarrassment for bungling a case or worse. In case like this one, the DA needs to be personally bankrupted with lawsuits and defending himself against charges for prosecutorial misconduct. Let him be the next Mike Nifong.

quote:

Originally posted by gw3971:
I would hope that Texas AG, after reading the lead investigators affadvit, would files charges of witness tampering on behalf of the investigator.

Charges against the D.A. would be a great way to send a message to these leftist.

The affadavit looks bad for the Assistant DA, Guillermo Gonzalez, as that was the person with direct contact with Detective Fugitt. Seems like the play would be to go after Gonzalez, and then offer a deal to testify against DA Garza for the orders he was giving the ADA.

quote:

Originally posted by 12131:
Good for Abbott.

POS Olbermann can't die in the lake of fire soon enough.

How the conviction isn’t immediately overturned and erased is beyond me. Why should the poor guy have the stigma of a conviction hanging over him for a single second when it’s crystal clear that the prosecution violated his constitutional right to a fair trial? There shouldn’t even be an option of a pardon; the process to expunge this false conviction should be immediate and lead directly to a retrial. Like yesterday. What’s happening now is not due process. And those that violated the man’s constitutional rights should be immediately arrested for it.

^^^^ IANAL, didn't even stay at the Holliday Inn last night, but I think one has to appeal the case first and, hopefully, has another court/judge toss the conviction due to prosecutorial misconduct. So, nothing can be immediate.

If there is proof that the prosecution intentionally tainted the case with a violation of constitutional rights, I don’t understand how that case can carry the validity that would necessitate being reversed after a lengthy procedural process. The left violated the procedure and withheld evidence intentionally to secure an illegal conviction. The conviction should be immediately thrown out and a new trial set. It was clearly both invalid and a gross violation of constitutional rights.

Perhaps this perfidy is making my emotions run a bit high, but you would think a judge could immediately strike down the conviction because of the known facts. And fwiw, any prosecutor that intentionally hides evidence to convict an innocent man should find themself immediately without employment and awaiting his own trial.

Normally, I would say that findings of juries at trial should be shown more respect. He presented his defense to the jury, and they chose to reject it. But at this point, we're past all that. The left has weaponized the legal system against the right. It's time to fight back. We expelled 2 TN legislators, so the left re-appointed them. Fine. You convicted one of ours in a political trial. We'll insta-pardon him.

The Dems are used to playing by different rules and to not playing by the rules they demand others abide by. It's nice to see the GOP fighting back instead of trying to take the high road all the time. It's a lesson that the national party needs to learn. It's really the only way to get the Dems to return to sanity. It won't be easy with the systemic and institutional advantages the left maintains, but the only hope for America is force the left to retreat from its war on norms, traditions and culture. The only way to do that is to make their game as zero-sum as possible.

Sergeant Perry's attorneys have filed a motion for a new trial.

http://www.foxnews.com/us/dani...army-sergeant-murder

Daniel Perry's Attorneys File Motion For New Trial Days After Austin Jury Convicted Army Sergeant Of Murder
Fox News, 4/11/23 (4:35PM EDT)

Short version -

- Perry's attorneys cite two reasons for a retrial - key evidence was excluded and one of the jurors researched the case on the internet during the trial. The 'key evidence' would have showed that the guy who Perry shot in self defense was the 'first aggressor' and had a history of 'scaring' other drivers on multiple occasions.

-"Outside influences" were involved in the jury's decision; one juror looked up the criminal statutes and developed a 'completely wrong' understanding of self-defense, and an alternate juror kept making a point of ensuring through non-verbal communication that the jury knew she disagreed with anything that might support a non-guilty verdict

- FWIW, a sentencing date has not yet been set

I wonder if they can get a trial in a different county. There do seem to be a lot of signs that it might be difficult or impossible for Sgt. Perry to get a fair trial here in Travis County.

Not sure if it was discussed anywhere, but Abbott did indeed pardon Perry earlier this year:

Abbott pardons Perry

This message has been edited. Last edited by: rkentm,

quote:

Originally posted by 12131:
Good for Abbott.

POS Olbermann can't die in the lake of fire soon enough.

Actually the lake of fire is permanent place of suffering if you end up there.

quote:

Actually the lake of fire is permanent place of suffering if you end up there.

So, why do you think I said what I said?