Man faces life in prison for perjury

GEORGETOWN (KXAN) - A Liberty Hill man faces life in prison for aggravated perjury charges after claiming he was innocent following a plea bargain with the Williamson County District Attorney’s Office.

Prosecutors say Markus Peavy had made false statements in his plea bargain and the writ when claiming he was not guilty of DWI charges. Peavy is two years into a 55-year sentence for a fourth DWI conviction.

"It takes a lot to bring a man over hear and try him a lot of tax payer money for something when he already has 55 years so why add another 25 to life on top of that,” said Angela Nutley, Peavy’s sister.

In a rare move, Williamson County District Court Judge Burt Carnes took the stand, explaining why a plea of no contest is no option for a plea bargain in the county with a reputation for stiff sentences.

"No I will not accept a plea if they are still refusing to accept their guilt,” said District Court Judge Burt Carnes.

Defense attorney Scott Steele argues Peavy had the right to file the writ claiming his innocence. He argues we all do if we feel something is not right during a court proceeding.

"The procedure to file a writ of habits corpus is a constitutionally protected right,” said Steele.

The defense’s first witness Michael McCann, testified he wrote and he is 90 percent positive he signed the writ for Peavy. The two men met in 2008 in the Texas Detention Center and Peavy had spoken to McCann about his fourth DWI conviction. McCann testified he thought he could help Peavy.

“I do all the writs for all the white people in TDC,” said McCann. “I felt sorry for him that’s why I helped him.”

According to McCann, who claims he has written some 600 writs for Texas inmates, “if he did sign it, he did not know what was inside of it.”

Meanwhile, Prosecutor Jennifer Earls grilled McCann asking him to identify specifically which paperwork he signed and which documents Peavy signed. McCann said he was responsible for all of the information in the writ, not Peavy.

“You are facing life for capital murder, you have nothing to lose by being charged with perjury,” said Earls.

McCann countered, "I filled the writ becuase your evidence was not right.

The Williamson County District Attorney's Office has a policy of not commenting on cases until they are finished.

"Maybe they are trying to make a point not to engage in the procedure if they do a plea bargain,” said Steele.

Meanwhile, Peavy's sister says no one should be afraid to speak out if they feel they were wronged.

"I think it is ridiculous for them to try him for perjury,” said Nunley. "He's actually fighting for him life basically he's got 55 years for his fourth offense DWI."

Peavy’s trial is expected to wrap up Wednesday.