AUSTIN, Texas — A mistrial was declared on the first day of jury selection in the deadly conduct case against Daniel Perry, according to court sources.
The decision came after nearly 30 of 50 potential jurors were dismissed because of prior knowledge of Perry and the case, raising concerns that they could not remain unbiased. Some jurors were also told the trial would last only three days, when it is expected to take at least a week.
“In the case of jury selection, it generally means that something has occurred that would prevent justice from being carried forward,” said Lance Kennedy, founding attorney of Lance Kennedy Law. “Once you’ve depleted that pool and you can’t have the constitutionally required amount of jurors, the judge is really left with very few options but to declare a mistrial.”
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Kennedy said extensive media coverage can make it difficult to find an unbiased jury. “I do think that high level of publicity does prevent the ability to have a fair and impartial jury,” he said. “It’s very rare in the vast majority of jury trials for you to get to the point where you have no jurors left.”
This trial is separate from Perry’s 2020 deadly shooting of Garrett Foster during a Black Lives Matter protest in downtown Austin. Perry was convicted of murder in that case in 2023 but was later pardoned by Governor Greg Abbott. The current case focuses on allegations that Perry committed misdemeanor traffic violations around the same time that put others in danger.
The Travis County Attorney’s Office, which is leading the case, told CBS Austin it would not comment, saying the judge requested that neither the defense nor the state speak to the media.
A new trial date has been set for October 19.