Texas grand jury being seated in Perry ethics case

Published on NewsOK Modified: April 14, 2014 at 4:22 pm •  Published: April 14, 2014
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AUSTIN, Texas (AP) — A Texas judge selected a second grand jury Monday in an investigation into whether Gov. Rick Perry abused his power by vetoing funding for public corruption prosecutors, and this time the Republican has retained a high-profile defense attorney to represent him.

At issue is Perry's veto of $7.5 million for the state Public Integrity Unit after the prosecutor whose office oversees it refused to resign following a drunken driving arrest. A political watchdog group filed a complaint alleging Perry tried to coerce Travis County District Attorney Rosemary Lehmberg to leave office.

At nearly 14 years in his job, Perry is the longest-serving governor in state history but is not seeking re-election in November. He is mulling a second run at the White House after his 2012 presidential bid flamed out — but what happens in the ongoing investigation could mar those plans.

Special State District Judge Bert Richardson oversaw the impaneling of 12 jurors and two alternates in Austin. The investigation began in the fall and another grand jury was eventually impaneled last year, but its term expired.

Perry spokeswoman Lucy Nashed said the governor's office had hired Austin lawyer David Botsford "to ensure the special prosecutor receives the facts in this matter."

"The facts will show this veto was made in accordance with the veto power afforded to every governor under the Texas Constitution," Nashed said in an email. "As we have from the beginning, we remain ready and willing to assist with this inquiry."

Michael McCrum, the special prosecutor investigating Perry, has said he has specific concerns about the governor as part of the investigation, though he has refused to elaborate. He has yet to ask for formal charges against Perry and says he may not ever do so depending on the investigation. But Texans for Public Justice, a left-leaning group that monitors transparency in state government, alleges that Perry committed coercion of a public servant, abuse of official capacity and official oppression, as well as potentially bribery.

McCrum attended Monday's jury selection but refused to comment beyond saying "I am proceeding forward with the investigation." No evidence was presented in the case before the assembled jury headed into closed proceedings. Botsford also appeared for jury selection, but left without speaking to reporters.