AUSTIN, Texas — Daniel Perry – a rideshare driver convicted of murdering Garrett Foster, a protester in Downtown Austin – will not get a new trial. On Wednesday, Judge Clifford Brown denied a motion from Perry's defense team.
Perry's motion for a new trial had a couple of allegations about the jurors. There was one claim of juror misconduct: one of the 12 jurors who convicted Perry allegedly brought outside case law into deliberations. It is information he claims was taken from the Texas Penal Code regarding self-defense.
Both sides made their arguments in court. The defense said doing independent research is an "outside influence." From their point of view, if the court denied a new trial, it sends the wrong message to the jurors that it is "OK" to find answers from the internet.
However, the state said simply researching facts or laws related to a case does not mean it is an "outside influence."
Regarding the allegation that a juror did outside research, Judge Brown gave his take.
"This jury deliberated for over 16 to 17 hours over a period of two days. The court can't reasonably find that a hypothetical juror could have had any prejudicial effect with respect to their ultimate deliberation," Brown said.
There was another allegation that an alternate juror improperly participated in deliberations by snorting, huffing and gasping.
The defense team argued that you do not have to speak words in order to cause any influence. But the state said even if alternate jurors push, coerce or go too far in pushing their point of view, that is not considered an "outside influence."
"Based on the characterization of that particular juror snorting, huffing, grunting does not amount to participation," Brown said. "In pulling each one of the jurors, each one of the jurors indicated that the alternates did not participate."
After Brown denied the motion, he set Perry's sentencing date for May 9 at 9 a.m.
Gov. Greg Abbott has expressed desire to pardon Perry and has asked the Texas Board of Pardons and Paroles to expedite its review of this case. But that will likely happen after sentencing next week.