Perry Lawyers File Third Motion to Void Indictment

Governor Rick Perry’s legal team is taking another shot at having his criminal indictments thrown out. His lawyers filed a third motion Friday asking a judge to void both abuse of power charges against him.

A judge ruled earlier this week to uphold the indictments, but also asked Special Prosecutor Michael McCrum to correct vagueness in the description of both counts. Perry’s motion said the abuse of official capacity charge is too vague and fails to allege an offense. They say the second charge, coercion of a public official, fails to mention the manner and means of the alleged threat; whether it was spoken, written or delivered through a third party.

Friday’s motion read:

“Both counts against Perry should be voided for violating the U.S. and state constitutions’ requirement that defendants be given adequate notice of the ‘nature and cause’ of the allegations so they can prepare a defense.”

Perry faces charges of abuse of official capacity and coercion of a public servant over accusations he threatened to veto funding for the Travis County Public Integrity Unit after District Attorney Rosemary Lehmberg’s drunk driving arrest and conviction. He then followed through on that threat with a line-item veto of Public Integrity Unit funding.

In addition fo Friday’s filing, Perry’s lawyers have also appealed Tuesday’s decision to the all-Republican third court of appeals in Austin.