Perry objects to effort to put case on hold
Lawyers say stay interferes with his right to speedy trial
AUSTIN – Former Gov. Rick Perry is objecting to a prosecutor’s effort to put a hold on trial court proceedings in his criminal case until appeals are decided.
Such a stay would be “inconsistent with Governor Perry’s right to a speedy trial,” said the filing by Perry’s lawyers.
Perry, who left state office in January, is running a struggling, shoestring race for the Republican nomination for president. The indictment does not help his prospects.
The former governor was indicted on two criminal charges last year, accused of overstepping his veto power to try to oust Democratic Travis County District Attorney Rosemary Lehmberg in the wake of her messy drunken-driving arrest and guilty plea. Perry said he would veto state money for the Public Integrity Unit that she oversaw unless she stepped down. She stayed in office, and he made good on the promise.
The 3rd Court of Appeals in Austin has rejected one count against Perry, coercion of a public servant, saying the law on which it was based violated the First Amendment. The state has appealed that decision, defending the law, rather than Perry’s actions.
The 3rd Court let stand an abuse of official capacity charge against Perry, saying it was too early in the case to decide on his objections to it. Perry’s legal team has appealed that decision to the high criminal court.
Special prosecutor Michael McCrum last week asked the state judge overseeing the case to halt trial court proceedings until the Texas Court of Criminal Appeals rules on the petitions.
McCrum said that makes sense since the Court of Criminal Appeals’ action could affect how the case proceeds. The high court could decide whether to consider the appeals as early as this month.
Perry’s lawyers disputed the request for a stay in a motion filed last week, saying the judge could rule in a way that “could well dispose of the case and/or expedite the ultimate resolution of the case.”