Judge allows Gov. Perry case to continue

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Judge Bert Richardson overruled a motion Tuesday to dismiss indictments against Gov. Rick Perry and said that the prosecutor in the case was properly qualified.

Perry’s attorneys previously argued that the indictments against him were not valid because the prosecutor for the case, Michael McCrum, was improperly sworn in as attorney pro tem. Tony Buzbee, one of Perry’s lawyers, said McCrum did not follow the correct sequence of events when signing his oath and took the oath before signing his anti-bribery statement.

Perry’s defense also argued some documents related to the case were not filed correctly. However, Richardson ruled Tuesday that McCrum was properly sworn into office.

“The court holds, therefore, that the actions taken by Michael McCrum as Attorney Pro Tem are valid and that Mr. McCrum has the authority to act in his capacity as Attorney Pro Tem in this case,” Richardson said in a ruling filed with the 390th District Court.

Richardson still has not issued a ruling for other issues the defense raised relating to Perry’s indictments.

A grand jury originally prosecuted Perry in August for abuse of an official capacity and coercion of a public servant, Travis County District Attorney Rosemary Lehmberg. Perry vetoed state funding for Lehmberg’s investigative unit after she refused to step down following her drunken driving conviction.