AG Paxton to Newsmax: Prosecutor Withheld Evidence in Perry Case

Texas Attorney General Ken Paxton told Newsmax that the Austin Police Department’s special investigator withheld important evidence in the case of Army Sgt. Daniel Perry.

Joining “The Record with Greta Van Susteren” on Monday, the Republican AG claimed that prosecutors had evidence able to clear Perry from charges steaming out of his 2020 fatal shooting of an armed protester.

The APD investigator “had other evidence that he thought would potentially give Perry a chance to be cleared and that evidence was withheld – that the prosecutor wouldn’t’ allow this police detective who investigated this to present that evidence,” Paxton stated.

“I do not think this was a fair trial, and it’s unfortunate that that evidence didn’t get presented to the jury,” he added.

Paxton later revealed that he is unaware of what the allegedly withheld exculpatory evidence is because it was never allowed to be presented. However, he noted that the defense prepared slides for the jury before they were denied.

According to the attorney general, the Travis County judge overseeing the jury denied a subsequent motion to investigate the alleged evidence.

“It could definitely be appealed. But … we don’t know if this guy’s going to appeal,” Paxton explained, adding that if he does, “it has to be a final conviction before the Parole and Pardon Board can actually issue a pardon.”

On Friday, Perry was found guilty of murdering Garrett Foster. Perry shot the 28-year-old amid a large crowd of demonstrators in downtown Austin who were protesting the death of George Floyd.

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