AUSTIN (Talk1370.com) -- Travis County District Attorney Jose Garza is asking the state's Board of Pardons and Paroles for a chance to present evidence in the Daniel Perry case, as a part of its review of a potential pardon to Gov. Greg Abbott.
Garza made his request in a letter to board chair David Gutierrez and other board members on Tuesday.
Meanwhile, in a court filing Tuesday afternoon, Perry's defense counsel filed a motion asking for a new trial in the case, on the grounds that the court "erroneously excluded key evidence to establish Garrett Foster and the Protestors" were the first aggressor, that an Austin Police report in the case was excluded from evidence, and alleged improprieties related to the jury in the case.
"For as long the Texas Board of Pardons and Paroles has existed, it has been a cautious steward of the power of clemency in our State," Garza said in a press release announcing his request. "We look forward to working with the Board to present all evidence necessary for its consideration."
In addition to presenting evidence, Garza is also requesting the board hear from the family of Garrett Foster.
"As you are aware, four days ago on Good Friday, a Travis County jury worked through the holiday until they finalized their decision just after 4pm to find the defendant guilty of one count of murder for the offense of shooting and killing Mr. Garrett Foster," Garza wrote. "The jury issued its judgment after deliberating for over fifteen hours and hearing eight days of testimony. Both counsel for the State and counsel for the defense conducted themselves professionally and competently. I am grateful for the service of all the attorneys in this case."
Tuesday's move comes after a weekend request from Texas Gov. Greg Abbott, asking the board to expedite its review of the Perry case for a potential pardon.
"I look forward to approving the Board's pardon recommendation as soon as it hits my desk," Abbott said in a tweet posted Saturday.
Meanwhile, attorneys are set to meet at 2 p.m. Tuesday afternoon to discuss scheduling for Perry's sentencing. With the conviction, Perry is expected to face up to life in prison.
