Perrys attorneys again urge court to find governor's veto was not a crime

Published: February 23, 2015 12:07 pm

Lawyers for Rick Perry asked the court on Monday to again end the prosecution of the former governor, saying the indictment is faulty and the actions he took in issuing a veto are allowed by law.

The back-and-forth between Perrys team and the prosecution has been continuing for several months, with the court siding with special prosecutor Michael McCrum on most of the issues. Certain of those rulings have been appealed, with Perrys lawyers hoping a higher court will toss the indictments and end the prosecution.

On Monday, Perrys team attacked amendments that McCrum had added to the indictments that accuse the former governor of coercion and misuse of public office. The court had found that the initial indictments lacked enough specificity about the facts of the crime.

The defense team attacked the added facts, saying the were not found by the grand jury. The lawyers also asserted that Perrys actions fall under an exception for coercion.

The law allows the governor to go back and forth, debate and in effect horse trade with legislators over bills. His lawyers are trying to argue that because his alleged criminal action involved a veto of legislative funds, that he is protected by that exception.

The prosecution is arguing that the person he supposedly coerced is not a legislator and Perry was illegally using his power because what he was attempting to control was an office beyond his scope and not connected to the Legislature.

At issue was the June 2013 veto of $7.5 million that lawmakers had approved for the anti-corruption unit of the Travis County District Attorneys Office. Perry said he would withhold that funding unless District Attorney Rosemary Lehmberg resigned.

He cited her recent drunken driving conviction and misbehavior during the arrest, saying she should not oversee a unit enforcing public integrity.

But the facts added by McCrum allege Perry had become frustrated with the investigations of state agencies by Lehmbergs office and that Perry wanted her out. The prosecution alleges he illegally tried to coerce her into leaving by threatening to withhold money until and unless she stepped down.

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Perrys attorneys again urge court to find governor's veto was not a crime