AUSTIN (KXAN) — Travis County District Attorney José Garza on Tuesday requested an appointment with the Texas Board of Pardons and Paroles over the review process of a pardon for Daniel Perry.
According to a release from his office, Garza requested an appointment to present evidence considered by jurors in the case, and for the board to hear from family of Garrett Foster, who Perry was convicted of murdering.
“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. “We look forward to working with the Board to present all evidence necessary for its consideration.”
Greg Abbott asks for parole board review
Over the weekend, Texas Gov. Greg Abbott directed the Texas Board of Pardon and Paroles to expedite the review process of a pardon for Perry.
“I am working as swiftly as Texas law allows regarding the pardon of Sgt. Perry,” Abbott said in a tweet Saturday. In the tweet, Abbott said Texas has one of the strongest “Stand Your Ground” laws of self-defense that cannot be nullified.
Texas’ pardon process starts with the Texas Board of Pardons and Paroles. The board can submit a pardon recommendation to the governor, who then can approve the pardon.
Abbott said he requested the board request a pardon for Perry 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,” Abbott’s tweet said.
Motion for new trial
On Tuesday afternoon, Perry’s attorney filed a motion for a new trial on grounds of excluded evidence, court documents said.
The defense team stated in the documents it attempted to introduce evidence to show Foster’s motive, states of mind and intent.
The documents said there were other incidents in which Foster was the first aggressor and would “unlawfully” scare others who he believed might interfere with his objective to “take the streets.”
A meeting was scheduled for 2 p.m. Tuesday to discuss the scheduling of the sentencing hearing for Perry.