Attorney of Foot Hood soldier files motion in murder case

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WACO, Texas – The attorney for Fort Hood Sergeant Daniel Perry, who has been indicted on a murder case, says prosecutors are mishandling this case.

Sgt. Perry is accused of shooting and killing a protestor in Austin last July.

Attorney Clint Broden says the lead detective investigating the murder case was denied the option to share information proving Perry’s claim of self-defense with the Grand Jury.

“The Grand Jury was, in fact, a very one-sided process. Even worse than a lot of cases,” Broden said.

Broden filed a motion requesting an evidentiary hearing. He says Travis County District Attorney José Garza made two false claims at the beginning of this month, when the indictment decision was made.

One was that all evidence was presented to the Grand Jury, allowing them to decide the case.

“Two is that he presented an overwhelming majority,” Broden said. “Those were [Garza’s] words. Quote, ‘overwhelming majority’ of a defense packet to the Grand Jury, in order for them to have Sergeant Perry’s position considered.”

FOX44 talked to legal expert Jessica Brand, who is the founder of the Wren Collective – which deals with criminal justice reform across the country. She shares how things go in a court case, “The purpose of the Grand Jury is to show there is probable cause to bring forward an indictment,” Brand said. “So they are not going to put in all of their evidence. They are going to put in some of their evidence.”

Brand says by law, Grand Jury proceedings are in secret – and the government and Grand Jurors are the only ones who know what is going on.

“What we are seeing is him saying, basically, ‘I should have access to information that I am not legally entitled to, and then I should be able to have evidence presented that no one else in the American Justice system gets to present!,’” Brand said.

Broden says he is aware that Texas defendants do not have a right to present a Grand Jury packet, but that’s not what happened.

“There is no legal obligation to do it. But when a witness chooses, and wants to present favorable testimony, you cannot coerce that witness not to present that testimony,” Broden said.

Broden hopes the judge will hold an evidentiary hearing where the detective can testify, as well as ask Garza about his decision.

To view the motion, you can click the link below.

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