Perry lawyers: Prosecutor alleging facts not in indictments

AP News
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Posted: Feb 23, 2015 11:54 AM

AUSTIN, Texas (AP) — Former Gov. Rick Perry's attorneys say a special prosecutor shouldn't be allowed to "insert facts not found" by Texas grand jurors who indicted him on abuse-of-power charges.

Perry's legal team again argued in a Monday filing that the case should be quashed. The lawyers said if it does continue, then one of the two felony counts against the Republican should be converted to a misdemeanor since Perry received no monetary gain from the alleged actions.

The brief responded to a Feb. 13 prosecutorial filing alleging that Perry tried to force a Democratic district attorney to resign to "stymie" the work of her public corruption unit.

Perry was indicted by a grand jury in August. He left office last month but is expected to soon announce a 2016 presidential run.