Posted on 04/08/2023 4:17:39 PM PDT by grundle
Soros backed DA should get some splash back, and hard.
He needs disbarred and in the slammer.
CodeToad, Exactly, this guy needs to be disbarred and Ken Paxton is just the man to do it...
Yep.
“lead detective, David Fugitt just filed an affidavit claiming the Soros backed DA had him remove over 100 pages of exculpatory evidence…”
His conscience get the best of him? He should have turned the pages over to the defense. If he did not make copies, he is a fool.
The State needs to just take Austin over. Start by putting the entire city council in jail.
“…Now, it’s being learned that potentially exculpatory evidence was withheld from the grand jury….”
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I’m not a lawyer but I don’t think a prosecutor “withholding evidence” from a GRAND jury has the same possible repercussions as would withholding exculpatory evidence from the defense in a trial in front of a regular jury (or bench trial judge).
No doubt Fugitt hoped the jury would preclude his need to take this career ending step. I’m glad he had the courage to do so.
A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes.
If, as is all too often the case, the defendant has already been convicted when the Brady violation is discovered, then the defense lawyer will need to file for post-conviction relief. This will take the form of either a direct appeal to the conviction, filing a motion for new trial, or a petition for a writ of habeas corpus, depending on what proceedings have already happened in the case. Regardless of the approach, the defense will argue that the defendant’s rights to due process and a fair trial were violated when the prosecutors withheld the Brady material. If the appeal, motion, or petition is successful, then the defendant will be granted an opportunity for a new trial. In many cases where this happens, the Government decides not to go through the time and expense of a new trial, and the defendant walks free.
https://www.pagepate.com/what-is-a-brady-violation/
it should be a crime with death-sentence
to remove Exculpatory evidence.
But was it disclosed at trial? The verdict sucks either way.
Build a wall around Austin.
He shouldn’t be pardoned. He has to accept guilt if he accepts a pardon.
He should have never been to trial, and certainly not convicted.
He never had a fair trail, they withheld evidence for the defense. His conviction should be immediately nullified. The prosecutor should be arrested. If the prosecutor is convicted of withholding evidence, he should do the time he tried to impose.
If the next prosecutor wants to try him with all of the evidence available for the defense team, then so be it.
I haven't been following this, but I presume Perry's military career is over? Can he be reinstated, can the prosecutor be charged and damages paid to Perry to help reverse the damage and impact?
Seems to be a pattern with Soros DAs and witholding exculpatory evidence. Be interesting to find out who is talking to whom...
I really don’t care about the process crime.
The jury found this obviously innocent man guilty.
The people of that municipality spoke.
They don’t want you to defend yourself.
They will throw you in prison and let you rot.
Flee from this hellhole of a municipality, and let them wallow in the filth they desire.
If it is shown he withheld evidence then every conviction obtained by his department is suspect.
This could cost the county a lot of money in retrials
Well, Abbot has said that he wants to fast-track a pardon, so maybe this will turn out ok after all.
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