AUSTIN, Texas (KWTX) – A mistrial was declared on the first day of jury selection in the deadly conduct case against Daniel Perry, CBS Austin reported Tuesday.
According to CBS Austin, the judge made the call after nearly 30 of roughly 50 potential jurors were dismissed due to prior information regarding the case, prompting concerns they could not remain unbiased.
KEYE also reported some prospective jurors were initially told the trial would last three days, though 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,” attorney Lance Kennedy, founder of Lance Kennedy Law, told CBS Austin.
“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.”
Kennedy told CBS Austin that widespread coverage can make it harder to find an unbiased jury.
“I do think that high level of publicity does prevent the ability to have a fair and impartial jury,” Kennedy told CBS Austin. “It’s very rare in the vast majority of jury trials for you to get to the point where you have no jurors left.”
According to CBS Austin, this trial is separate from Perry’s 2020 fatal 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 pardoned by Gov. Greg Abbott, CBS Austin reported.
This case instead focuses on allegations that Perry committed misdemeanor traffic violations, according to CBS Austin.
The Travis County Attorney’s Office told CBS Austin it would not comment, saying the judge requested that neither the prosecution nor the defense speak publicly during the proceedings.
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