Firearms Talk banner
1 - 18 of 18 Posts

·
Premium Member
Joined
·
10,318 Posts
Discussion Starter · #1 · (Edited)
Sgt. Daniel Perry killed Garrett Foster who was armed with an AK-47 rifle. The prosecutor got a grand jury indictment of Perry for murder. There is now big fuss in the case.

Defense alleges the prosecution told detective David Fugitt, the investigating officer, to tone down his grand jury presentation. Detective Hugitt concluded it was a case of self defense. Detective Fugitt kept notes.

IMO: If true, this is another case of an overzealous prosecutor.

"Detective David Fugitt, according to newly filed court documents, said they instructed him to dramatically scale down his presentation of his evidence in the case involving Daniel Perry, who says he acted in self-defense when he shot and killed Garrett Foster a year ago in downtown Austin.

.....................................................................................................................................................

According to the filing, prosecutors asked Fugitt not to share evidence that called statements from several witnesses into question. Those witnesses said Foster did not begin to raise his AK-47 assault rifle toward Perry — a key issue in the case. But, according to Broden's recent filing, the police investigation found they were not in a position to see Foster's actions at the time.

In additional, some of the slides that prosecutors told Fugitt to remove from his PowerPoint presentation pertained to statements that a woman made to police on the aggravated assault charge. According to Fugitt, the woman never suggested that Perry threatened her by driving a vehicle in her direction, as the grand jury concluded. The woman told police that Perry stopped his car so that people would not be run over, the court filing states.

.....................................................................................................................................................

But such strong and unusual assertions based on the report of a senior police investigator — Fugitt wrote that he asked prosecutors what “ramifications” he would face if he didn’t comply — again highlight brewing tension between Austin police and Travis County prosecutors at a time of shifting dynamics between the two agencies. Notably, Fugitt had determined that the shooting, for which Perry also faces charges of aggravated assault and deadly conduct, was a justifiable homicide, according to the filing."



Friction between Travis County district attorney, police emerge in Garrett Foster case (msn.com)
 

·
Premium Member
Joined
·
2,415 Posts
So according to the prosecutors the police aren’t supposed to tell the truth ?
 

·
Premium Member
Joined
·
10,318 Posts
Discussion Starter · #3 ·
So according to the prosecutors the police aren’t supposed to tell the truth ?
That appears to be true in the case of Daniel Perry. Recently a former Dallas prosecutor lost his law license after railroading two guys into prison for 16 years on a fake murder charge.
 

·
Premium Member
Joined
·
4,466 Posts
Hm. Sounds like ignoring evidence and pressuring witnesses to conform.

As an attorney (if I were an attorney) or judge, I'd have a severe problem with this. No matter who the witness happened to be: defense witness, prosecution witness, an eyewitness, an LEO who "took notes" and conducted interviews of witnesses, whomever.

IMO, you force a witness to do this or that means you're attempting to falsify evidence and sway the outcome.

IMO: due-diligence investigating, heavy corroboration of all, largely unencumbered testimonies, then let the chips fall where they may. Else, it simply cannot be the truth, the whole truth and nothing but, something ALL participants swear they'll be providing under pain of official court displeasure (perjury). Naive, probably, as it's really in nobody's best interests (in the system) to get to the truth in that way, seeing as how much is on the line.
 

·
Premium Member
Joined
·
2,917 Posts
Grand juries meet in secret. The "notes" spoken of here were of conversations between the prosecutor and the detective, not crime scene notes. Very few cases taken before grand juries are returned "no true bill" since, as a rule defense attorneys are not present and rarely does the accused testify. At least that's how it works here.

Supposed to be an investigatory body, most of the time it's a way for the prosecutor to bypass a preliminary hearing, go directly to circuit court. Varies by state somewhat. Regardless, this is an important case for America and bears watching.
 

·
Premium Member
Joined
·
10,318 Posts
Discussion Starter · #7 ·
Regardless, this is an important case for America and bears watching.
^^^Yes it is an important case.

It appears that the prosecutor manipulated the grand jury: In it's decision that grand jury cited a witness who claimed the opposite really happened.

All homicides in Texas must be referred to a grand jury. Not so in Oklahoma, here the prosecutor can simply decline to try the self defense case. About ten years ago our county prosecutor declined to prosecute three self defense cases using firearms in an 18 month period.

Due to the town being in two counties; this lady was on the phone for 21 minutes with 911 before the perp broke in and was immediately killed. Prosecutor gave her a pass.

Oklahoma Woman Shoots, Kills Home Invader - The Shooter's Log (cheaperthandirt.com)

The prosecutor charged the late perp's accomplice with murder:

Alleged Accomplice Charged With Murder In Blanchard Shooting (news9.com)
 

·
Premium Member
Joined
·
2,415 Posts
Anybody that thinks all prosecutors are fair minded should look back to the Duke Lacrosse Case. I can’t remember the prosecutor’s name but he seemed to have a personal vendetta against those students. I believe he was disbarred eventually but he inflicted a lot of damage to a few college kids.
 

·
Premium Member
Joined
·
1,474 Posts
Anybody that thinks all prosecutors are fair minded should look back to the Duke Lacrosse Case. I can’t remember the prosecutor’s name but he seemed to have a personal vendetta against those students. I believe he was disbarred eventually but he inflicted a lot of damage to a few college kids.
I can't think of a better example of crooked prosecutors and plaintiffs than the Duke case. That prosecutor deserves 20 years in a federal prison which means no parole allowed. What a POS to do something like that to kids. Watch the movie "State of Play" as a fiction example of the same thing. Crooked DA's are the reason there are too many innocent people in prison. This is part of what taints our justice system and why I don't think it's good enough. Power corrupts.
 

·
Premium Member
Joined
·
4,466 Posts
Anybody that thinks all prosecutors are fair minded should look back to the Duke Lacrosse Case. I can’t remember the prosecutor’s name but he seemed to have a personal vendetta against those students. I believe he was disbarred eventually but he inflicted a lot of damage to a few college kids.
Yup.

Prime task of the prosecutors isn't justice, generally speaking. It's winning.

Wish that weren't the case, but there it is.

About the best one can do is to have an aggressive and tolerant adversarial system. Which places the owness for quality of defense on the defendant, the depth of the defendant's pocket book, and the quality of defense team procured. Isn't always good enough, or effective enough. And one's quality of defense can be hugely impacted by having to go, um, "economy" class for a defense attorney.
 

·
Registered
Joined
·
978 Posts
As already stated, its the rare prosecutor whos main concern is not his or her political future and win loss record.

Look like a hard case to win and youll likely never see a court room. Prosecutors are predators in that way. They seek out the weakest to attack.
Truth or common sense has very little to do with anything once the legal , judicial system chooses to involve itself.
 

·
Premium Member
Joined
·
1,474 Posts
I certainly hope my local DA doesn't have anything to do with me and he should feel the same way. A good friend has both voice and video recordings from a private eye of him "doing" his wife. My friend, as males usually do, came out on the short end of the divorce stick anyway. Meanwhile, the DA continues to prosecute people as if he were an honest person doing good for society. He has a problem though.....me and my friend know and can prove otherwise.
 

·
Premium Member
Joined
·
10,318 Posts
Discussion Starter · #13 · (Edited)
Everyone should read the book Innocent Man. The prosecutor of Pontotoc county, OK; aided and abetted by a couple incompetent cops (one of them was later convicted on a drug charge) and "hair evidence" from the OSBI railroaded two guys onto death row for the murder of a young lady.

The actual murderer testified against the duo in court, as later proven by DNA evidence. After the victims of Oklahoma "justice" were released from prison the sorry DA, took two years to charge his defense witness with murder. The real murderer claimed he was threatened and coerced into testifying by the prosecutor..

All the two exonerated guys wanted was an apology. The refusal to apologize cost the county and city of Ada dearly, the city raised taxes twice in order to pay the civil lawsuit. .

Yep, two other guys were railroaded into a murder charge by the same prosecutor. In 2019 a federal judge ordered Karl Fontenot released. Very recently the appeals court ruled the Oklahoma prosecutor has 120 days to re-try the case or the man will be forever free. Look for a hellacious civil lawsuit.

"Fontenot and Tommy Ward, who was convicted in the same case, gained national attention after the Grisham book and Netflix documentary that focused on confessions defense attorneys argued was coerced.

But Fontenot and Ward's appeals gained momentum once it was discovered that police and prosecutors failed to turn over thousands of pages of evidence.

“The jury never heard this evidence, correct?” One of the judges asked during the appeals hearing. “None of it?”

Ward, meanwhile, is still in prison while prosecutors appeal a decision by an Oklahoma judge to vacate his sentence."


Oklahoma man in 'The Innocent Man' case released from prison (apnews.com)

Federal Appeals Court Vacates Karl Fontenot’s Conviction (news9.com)

You can't make this stuff up.
 

·
Lifetime Supporting Member
Joined
·
2,532 Posts
Prosecutors aren't immune to the political climate in their jurisdictions. Let's face it, Austin ain't exactly real Texas.
 

·
Premium Member
Joined
·
1,474 Posts
Everyone should read the book Innocent Man. The prosecutor of Pontotoc county, OK; aided and abetted by a couple incompetent cops (one of them was later convicted on a drug charge) and "hair evidence" from the OSBI railroaded two guys onto death row for the murder of a young lady.

The actual murderer testified against the duo in court, as later proven by DNA evidence. After the victims of Oklahoma "justice" were released from prison the sorry DA, took two years to charge his defense witness with murder. The real murderer claimed he was threatened and coerced into testifying by the prosecutor..

All the two exonerated guys wanted was an apology. The refusal to apologize cost the county and city of Ada dearly, the city raised taxes twice in order to pay the civil lawsuit. .

Yep, two other guys were railroaded into a murder charge by the same prosecutor. In 2019 a federal judge ordered Karl Fontenot released. Very recently the appeals court ruled the Oklahoma prosecutor has 120 days to re-try the case or the man will be forever free. Look for a hellacious civil lawsuit.

"Fontenot and Tommy Ward, who was convicted in the same case, gained national attention after the Grisham book and Netflix documentary that focused on confessions defense attorneys argued was coerced.

But Fontenot and Ward's appeals gained momentum once it was discovered that police and prosecutors failed to turn over thousands of pages of evidence.

“The jury never heard this evidence, correct?” One of the judges asked during the appeals hearing. “None of it?”

Ward, meanwhile, is still in prison while prosecutors appeal a decision by an Oklahoma judge to vacate his sentence."


Oklahoma man in 'The Innocent Man' case released from prison (apnews.com)

Federal Appeals Court Vacates Karl Fontenot’s Conviction (news9.com)

You can't make this stuff up.
Know the name of the Netflix movie? Sounds like a good one....or bad one.....
 

·
Premium Member
Joined
·
1,474 Posts
I have a very good friend that used to be an Asst. DA in Nashville in "Special Operations" = large scale drug distributors. She has some interesting stories and beliefs. One of them is that, she believed that, in their core, they aren't bad people but they just made bad decisions. She said they were really "normal" people that are much like people we know and we would never expect would be doing that. The argument that they are bad people is pretty easy to make though. She said she was mainly a plea bargainer and that most of them got a long probation. She said part of her job was to manage state resources, i.e. prisons. There isn't enough room for all of them. For the ones that wouldn't plea bargain and made her spend a couple of months preparing for a jury trial, she pulled out all the stops, threw the book at them, and she had a 100% conviction rate. She also used Mary Jane but that just shows how common it is today and, yes, she may be a hypocrite but a darn good looking one 😊. The old judge liked her so they all got long sentences. Never a dull moment in this world.
 

·
Premium Member
Joined
·
4,466 Posts
I have a very good friend that used to be an Asst. DA in Nashville in "Special Operations" = large scale drug distributors. She has some interesting stories and beliefs. One of them is that, she believed that, in their core, they aren't bad people but they just made bad decisions. She said they were really "normal" people that are much like people we know and we would never expect ...
Hm. Bernie Madoff was just a regular guy, too, until he wasn't. To the tune of $50B+ and multiple thousands of pensioners' "life savings" down the drain.
 

·
Premium Member
Joined
·
1,474 Posts
Hm. Bernie Madoff was just a regular guy, too, until he wasn't. To the tune of $50B+ and multiple thousands of pensioners' "life savings" down the drain.
Agree. Plenty of nice people in prison, I guess. This gal is definitely not naive about anything and is her own person. Carries a 40 cal, rides motorcycles in the Smoky's (very challenging country for that) better than most people I know with me from time to time. Just an all around fun person. I wouldn't want her on my case though. She's a defense atty. now. Learned from the best....
 
1 - 18 of 18 Posts
Top