Kleinert evidence list in upcoming dismissal hearing disputed by State

Charles "Trey" Kleinert at indictment hearing. (KXAN Photo)
Charles "Trey" Kleinert at indictment hearing. (KXAN Photo)

AUSTIN (KXAN) – Prosecutors representing the State in the manslaughter case of former Austin Police Department Officer Charles Kleinert are disputing part of the evidence list they contend the defense team plans to introduce at next week’s Federal Court hearing into whether the indictment should be dismissed, newly filed federal court records show.

Retired Police Officer Charles Kleinert appears before Travis County Grand Jury in March 2015
Retired Police Officer Charles Kleinert appears before Travis County Grand Jury in March 2015

Charles Kleinert shot and killed Larry Jackson Jr. in July of 2013 after Jackson Jr. appeared at the scene of a bank robbery in Central Austin. Jackson Jr. fled the scene as Kleinert questioned him, prompting the veteran police officer to chase Jackson Jr. who was shot during a struggle.

Kleinert’s attorneys plan to argue their client should be immune from federal prosecution since he was working as a member of an FBI task force at the time of the bank robbery, and subsequent arrest attempt of Jackson Jr. records show.

Larry Jackson Jr.
Larry Jackson Jr.

A memo from Prosecutor Dayna Blazey, laying out the State’s objections contends some of the evidence for that claim is irrelevant and should not be admissible.

“The exhibits to which the State objects were obtained by investigators in the months following the shooting incident, and not one of these items was known to the Defendant at the time he attempted to arrest Mr. Jackson. The totality of what the Defendant knew concerning Mr. Jackson at the time of the attempted arrest includes only an assertion by a bank employee that Mr. Jackson was falsely representing himself to be a customer of the bank, and whatever the Defendant learned from his short conversation with Mr. Jackson prior to the foot chase,” wrote Blazey in the memo.

Specifically, prosecutors object to evidentiary items including:

  • various phone and text records
  • Randall’s surveillance tape
  • a search warrant and supporting affidavit
  • false IDs
  • photos of Jackson’s hand
  • photos from Jackson’s phone

Other items on the 109-item defense evidence list do not raise any objection from prosecutors such as: Kleinert’s deputations for US Department of Justice and US Marshals Service, Benchmark Bank surveillance tape, a 9-1-1 transcript from the day in question and Jackson’s death report.

The records show no indication Judge Yeakel has ruled on the State’s submission filed Wednesday Sept.23rd.  The Dismissal hearing is set for Wed Sept 30th. Court records indicate Charles Kleinert will take the stand.

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