Matt Rinaldi
@MattRinaldiTX
·16h
This case should have never been prosecuted. A pardon by @GregAbbott_TX is in order. twitter.com/thetexannews/s…
Withholding Brady Material.
It's what Democrats do.
It's also grossly unConstitutional.
Jack Poso 🇺🇸
@JackPosobiec
BREAKING: THE SOROS DA MADE THE LEAD DETECTIVE REMOVE 102 PAGES OF EVIDENCE HE PLANNED TO PRESENT TO THE GRAND JURY
Withholding Brady Material.
It's what Democrats do.
It's also grossly unConstitutional.
Texas has one of the strongest “Stand Your Ground” laws of self-defense that cannot be nullified by a jury or a progressive District Attorney.
Unlike the President or some other states, the Texas Constitution limits the Governor’s pardon authority to only act on a recommendation by the Board of Pardons and Paroles. Texas law DOES allow the Governor to request the Board of Pardons and Paroles to determine if a person should be granted a pardon. I have made that request 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. Additionally, I have already prioritized reining in rogue District Attorneys, and the Texas Legislature is working on laws to achieve that goal.
It doesn't need a pardon.What needs to happen is DAs need to quit suppressing Brady Material.
It needs an appeal.
This needs to be defeated.
BREAKING: Greg Abbott Announces He Will Pardon Daniel Perry After Murder Conviction
Paul Aubert
Moments ago, Texas Governor Greg Abbott announced he will work to pardon the former Army Sergeant Daniel Perry, who was convicted of murdering a BLM protestor during the 2020 riots.
“I am working as swiftly as Texas law allows regarding the pardon of Sgt. Perry,” Gov. Abbott announced in a tweet posted Saturday.
His tweet contained a statement that explained how the Texas Constitution allows the Governor to issue a pardon if it is recommended or approved by the Board of Pardons and Paroles.
The Republican governor is waiting for his pardon request to be approved.
The full statement reads:
more
https://trendingpoliticsnews.com/breaking-greg-abbott-announces-he-will-pardon-daniel-perry-after-murder-conviction-paub/
What needs to happen is DAs need to quit suppressing Brady Material.
That is a separate case, because of the way it was done (a conspiracy).
18 U.S. Code § 241 - Conspiracy against rights,in this case, denying the defendant due process by suppressing Brady Material.
https://www.law.cornell.edu/uscode/text/18/241 (https://www.law.cornell.edu/uscode/text/18/241)
All I know is that if someone is pointing a rifle at me, with far less circumstance as this case, I would be pulling the trigger first too.
It doesn't need a pardon.
It needs an appeal.
This needs to be defeated.
I would advise right of center types... if there are BLM riots in your area, stay away from them. No good can come of being caught up in them. And don't be posting on social media. I don't want to say don't arm yourself necessarily, but be in mind we're in a new era of American Justice (or the lack thereof). Don't ruin your life over something stupid.
Agreed. The DA needs to be punished with loss of law license and prison time. Take it up with the bar.
Agreed. The DA needs to be punished with loss of law license and prison time. Take it up with the bar.
Never going to happen.
Nah... Not here. Already happened in the thick of it... Found out the rednecks and the bikers were standing with the sheriffs and the local cops... And they had a van load of party favors... Some of em went to get em, and they got followed. So folks caught em at it, fixin to unload all that, and them fellas fell up a few staircases and were plumb wore out before the sheriffs got around...
And I wouldn't be surprised if they fell up a few more getting to the jail. No one I know got in any trouble.
They had a quiet demonstration uptown, tucked tail and ran back to Spokane... :cool:
It doesn't need a pardon.
It needs an appeal.
This needs to be defeated.
I guess... hey Im all for it if true. Thing is we used to think this sort of thing wouldn't happen in Texas, and that got blown out of the water with this verdict.
I would advise right of center types... if there are BLM riots in your area, stay away from them. No good can come of being caught up in them. And don't be posting on social media. I don't want to say don't arm yourself necessarily, but be in mind we're in a new era of American Justice (or the lack thereof). Don't ruin your life over something stupid.
Hiding excupatory evidence is what got Mike Nifong thrown in jail, correct?
I'd be very, very, very concerned at the capricious and deliberate withholding of Brady Material at the prosecution's request. This amounts to a conspiracy to deprive the accused of a fundamental Civil Right. It is actionable under US law, criminally and civilly.
Sure, but that, found on appeal, automatically kicks the case on merits - Defeat. not pardon. THEN go after the DA all you want.
The important message here is "Don't go pointing a gun at someone else unless you are willing to be shot by them."Point an AK at me I take that as an imminent threat of severe bodily injury or death.
18 U.S.C. § 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
It is no exaggeration to say groups like Antifa and BLM are the secret army of the left
It doesn't need a pardon.
It needs an appeal.
This needs to be defeated.
Never going to happen.
Why is there no talk about an appeal of the conviction? It seems to me that an appeal would be a slam-dunk, but all the talk has jumped immediately to a pardon by the governor. Why?
Bookmarking...
Curious that no one (other than @roamer_1 on this thread) seems to be talking about an appeal.
@Kamaji
Not in DC,or anywhere else in DC or on the left coast.
Too sad,and too true.
Or at least will never happen as long as the left remains in control of our judicial system.
No, it’s because bar disciplinary committees rarely go after prosecutors, and because prosecutors in almost every state have absolute immunity for conduct in their office.
@roamer_1
I agree,but I also think that bogus arrests and charges like that MUST be shut down and the DA's that file the charges should be disbarred and given prison time.
The ONLY way this can happen and justice be served is to have him released on parole immediately,
and THEN file the charges and name him as a witness.
New York Post
By Katherine Donlevy
April 8, 2023
Texas Gov. Greg Abbott promised Saturday to pardon a US Army sergeant a day after he was convicted of shooting a protester to death during a Black Lives Matter rally.
No @sneakypete
The way that happens is to appeal the case on the grounds of exculpatory evidence being withheld.
That acquits accused, dang near automatically, and proves the deeds of the DA in a court of law... And he is boned.
It needs to be appealed.
Pardon will be made to look like a political act.
Does suppression of Brady material give rise to a §1983 action for deprivation of constitutional rights?It is denial of Due Process, and that's a guaranteed Right under the 5th Amendment:
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
It is denial of Due Process, and that's a guaranteed Right under the 5th Amendment:
I don't normally quote roamer, because he's on my permanent ignore list.
But I saw this from him in a quote:
"It needs to be appealed.
Pardon will be made to look like a political act"
NO appeal.
That's because the conviction IS "a political act" -- by the left.
It must be met with a MORE POWERFUL political act -- from the right.
Abbott should pardon Mr. Perry and be done with it.
Why should he spend any time in jail for this?
Politically-based trials against us require appropriately political action in response.
That's the way it's going to be from now on.
Unless you're satisfied with losing all the time.
Who grants them this immunity and why is it granted?
It will be won on appeal @Fishrrman . And a legal precedent established. Far more profitable than a temporary political gain.
That the man's life is in the balance in the form of his incarceration is - forgive me - incidental to the principle.
And he will have very good grounds for a suite against the city after the fact. That is, if he even remains incarcerated...
A tough row to hoe... but a better harvest.
It isn't just that the charges were wrong in the first place, given Texas Law ('Stand your Ground')--that is only part of this.
The MAJOR thing here, and it has become a pattern by Leftists (see: 1/6)
is WITHHOLDING EXCULPATORY EVIDENCE.
Like censoring opposing viewpoints on Twitter pre-Elon, and on virtually all other major media and social media platforms, the Defense is deprived either directly, or through a conspiracy or collusion between the DA and investigating parties to suppress material which indicates the accused is innocent of the charge.
These are Lawyers, sworn to uphold the law, violating that selfsame law willy-nilly to achieve their desired political ends. THAT MUST STOP.
A COURT OF LAW IS NO PLACE FOR CANCEL CULTURE TO TAMPER WITH THE TOTALITY OF THE EVIDENCE IN A CASE, MATERIALLY CHANGING THE NATURE OF THE ACTIONS (OR LACK THEREOF) OF THE ACCUSED.
From the start Perry would be arguing that he shot Foster in self-defense, and only after Foster had pointed his rifle at Perry.
THE KEY ISSUE IN THE TRIAL: WAS THE RIFLE POINTED AT PERRY?
And right there we have the key issue in this murder trial. Certainly, if the jury believed that Perry fired only after Foster pointed his rifle at him, there could hardly be a clearer case of self-defense. Indeed, as someone who personally carries a firearm for self-defense on a regular basis, anyone who unlawfully points a rifle at me ought to have a high expectation of getting shot in self-defense.
Immediately following the announcement of the guilty verdict, social media rather exploded with outrage at a guilty verdict so insanely inconsistent with Perry’s narrative of shooting in self-defense only after facing the muzzle of Foster’s rifle.
The problem with this outrage, however, is that it presumes as an indisputable fact that Foster initiated the deadly force confrontation by pointing his rifle at Perry.
That “fact,” however, is not indisputable. Indeed, that fact was aggressively disputed by the prosecution, which argued to the jury that Foster never pointed his rifle at Perry, and so Perry’s claimed legal grounds for shooting Foster in self-defense simply doesn’t exist.
In support of this narrative of guilt the prosecution presented the testimony of multiple witnesses who told the jury that Foster never pointed his rifle at Perry. The confrontation itself was captured on poor quality video, from which screen captures were secured, and neither video nor stills ever show Foster pointing his gun at Perry. (snip)
If the jury concluded that Foster had not, in fact, pointed his rifle at Perry, then it must also conclude that it was Perry who was the initial deadly force aggressor in this confrontation when he shot Foster—and, as the initial deadly force aggressor Perry cannot justify his use of force as self-defense.
April 10, 2023
It may be heretical to think so, but Daniel Perry’s murder conviction in Austin, Texas might be legally sound
By Thomas Lifson
From what I at first read, saw, and heard, I figured that Army Sgt. Daniel Perry was the victim of a Soros-backed DA who was, like so many others, indicting people for merely defending themselves. Much as Kyle Rittenhouse was put on trial when he fired at someone pointing a rifle at him, Perry claimed that he responded with gunfire when a BLM demonstrator named Garret Foster pointed an AK-47 he was carrying at him in a 2020 Austin, TX protest march. Perry was, at the time, driving an Uber car.
But Andrew Branca of Legal Insurrection has surprised me with his close analysis of the evidence presented and his conclusion that the jury’s conviction was legally justifiable:
more
https://www.americanthinker.com/blog/2023/04/it_may_be_heretical_to_think_so_but_daniel_perrys_murder_conviction_in_austin_texas_might_be_legally_sound.html
"A juror revealed another juror conducted research at home during the overnight break and presented that research to the rest of the jury"
Additionally an alternate, who was not allowed to participate in deliberations was huffing, snorting, gasping, and making other noises to express displeasure with comments inconsistent with a guilty verdict.
https://twitter.com/AntifaWatch2/status/1646202797333905409
How can you be found guilty of murder for defending yourself?Be white.
Be white.
May 10, 2023Get on the stick, governor.
BREAKING: Sgt Daniel Perry sentenced to 25 years for fatal 2020 shooting of gun-toting BLM activist
Attorney for Perry, Clinton Broden, said that his client would appeal the sentence, calling the conviction the product of "political prosecution."
Hannah Nightingale, The Post Millennial (https://thepostmillennial.com/breaking-sgt-daniel-perry-sentenced-to-25-years-for-fatal-2020-shooting-of-gun-toting-blm-activist?utm_campaign=64470)
US Army sergeant Daniel Perry was sentenced to 25 years in prison on Wednesday for the fatal shooting of 28-year-old Garrett Foster during a 2020 Black Lives Matter protest in Austin, Texas.
According to the Associated Press, attorney for Perry, Clinton Broden, said that his client would appeal the sentence, calling the conviction the product of "political prosecution" and added that the defense team would "fully cooperate in the pardon process."
Texas Governor Greg Abbott announced in April that he was working "swiftly" to pardon Perry, and that "I look forward to approving the Board’s pardon recommendation as soon as it hits my desk." ...
This is insanity.Get on the stick, governor.
I guess they found some stuff on this guy in his background Daniel Perry. Saw it on Twitter. Personally it wouldn't affect me, but I'm not sure the governor will be willing to stick his neck out for this guy.
What kind of "stuff"?
Supposedly he killed a homeless guy previously and was messaging some underage girls. Apparently it was on his phone.
I saw this on Twitter, maybe I'm wrong.
Haven't seen that. But considering the way the left researches, exploits, and obfusicates the character of anyone fighting BLM and Antifa (See Kyle Rittenhouse) , it would seem that those facts would be more common knowledge at this point.
But you are right, if that is true subject matter in his past, it hamstrings Abbott on a pardon