Rick Perry’s lawyers say indictment should be dropped because of procedural errors

[TexasTowelie]

AUSTIN — Lawyers for Gov. Rick Perry filed their third motion seeking to dismiss his indictment Friday, this one charging that the special prosecutor and judges haven’t filed the proper paperwork.

In the latest challenge to the charges that the governor misused his office and coerced a public official, the governor’s attorneys say procedural bases were not tapped on the way to the grand jury.

When Travis County District Attorney Rosemary Lehmberg recused herself and her office from looking into the charges against Perry, the judge failed to sign a recusal motion or properly place it in the file, they argue.

Also, while special prosecutor Michael McCrum apparently took an oath to assume the responsibilities of Lehmberg in this case, not all the paperwork was signed and filed in the the proscribed manner, the defense attorneys say. So McCrum, they argue, was not legally authorized to present the case to a grand jury.

Read more: http://www.dallasnews.com/news/politics/state-politics/20141003-rick-perrys-lawyers-say-indictment-should-be-dropped-because-of-procedural-errors.ece

[ALBliberal]

1. ugh ... hoping this indictment stands! but Perry's lawyers may have a case

[merrily]

2. I'm sure Perry let off many a criminal for such immaterial clerical errors.

[Shrike47]

3. Please remember that a defense attorney's job is to file motions like this.

When I practiced criminal defense I won several cases on motions to suppress asserting my client's constitutional rights had been violated. Was my client guilty? YES. But the police screwed up and the charges were dismissed.

The attorneys are doing what they are hired to do. We can only hope they fail.

[Erich Bloodaxe BSN]

4. I kind of wish the response to such would simply be an order

to file the paperwork properly, rather than simply throw out cases. It seems stupid to simply ignore a crime because some clerk somewhere screwed up how they filed something that doesn't change anything to do with the original crime.

[DhhD]

5. A new case could be filed under federal election law violation.

[DhhD]

6. Austin, TX, DA, Ronald Earl, receives a grant from federal government to set up the PIU.

http://www.hks.harvard.edu/criminaljustice-backup/publications/austin.pdf