Don’t hate the corndogs, hate the game
A state judge Friday denied former Gov. Rick Perry’s push for a list of people whose grand-jury testimony led to his indictment on abuse-of-power charges.
Judge Bert Richardson said the prosecution is not required to produce those names, which Perry’s lawyers had said he was entitled to get.
[…]
Besides denying Perry’s motion to get the witness names, Richardson set a schedule for prosecutors to provide relevant information to Perry in advance of a potential trial in the case – including any information that may be favorable to the former governor’s case. The judge said the information should be provided as soon as possible, or at least 21 days before any trial if one is set.
Richardson also ordered that the prosecution have grand jury witness testimony transcribed if they may also testify at the trial.
Not really sure what Perry’s defense team would do with a list of grand jurors’ names if they had it. Is that something defense attorneys normally ask for and/or receive? I’m failing to come up with a strategic reason for that list. Be that as it may, this Statesman story has a bit more information of interest:
Judge Bert Richardson also revealed that prosecutor Michael McCrum will amend one of the counts against Perry, an expected development because Richardson had earlier ruled that the charge — coercion of a public servant — did not include enough information.
McCrum also indicated that he intends to amend other portions of the indictment by Feb. 13, Richardson’s order said without elaborating on the proposed changes.
[…]
Perry’s lawyers asked for 10 days to respond to McCrum’s changes, Richardson’s scheduling order said.
Afterward, a hearing will be set to address any remaining pretrial motions, the order said.
See here and here for the background. Judge Richardson’s original order denying the motion to quash the indictments is under appeal. Perry still has plenty of chance to skate, but as previously noted, the calendar is working against him.
They’re asking for the names of the witnesses to the grand jury, not the names of the members of the grand jury.
The testimony of the witnesses might also be used at trial, and getting the names early could give them a jumpstart on discrediting those witnesses (though they wouldn’t know exactly what they may have said).