Due Process Denied: Why DA Jose Garza Must Resign

By Robert Leonard
CLEAT Executive Director

Yesterday, lawyers for our member, Austin Police Officer Chance Bretches, filed a Motion to Dismiss the criminal case pending against him, alleging the Travis County District Attorney’s Office purposefully withheld exculpatory evidence during discovery.

There can be no worse violation of the oath taken by a District Attorney than to intentionally deny a defendant a fair trial. It is a direct violation of their Constitutional rights.

In May 2022, Officer Bretches was indicted for allegedly using excessive force during the 2020 Austin riots. He was dispatched to protect the city from violent protestors engaged in destructive, unlawful acts. Acting within the law and following his training, he deployed department-issued less-lethal devices under the direction of his supervisors. It was later learned that City and Department leadership had prior knowledge that those devices had expired.

According to witness affidavits, Travis County District Attorney Jose Garza held undisclosed meetings with high-ranking City of Austin officials regarding the DA indicting the City for its role in the use of force during the riots. During pre-trial preparation, Bretches’s attorneys submitted discovery requests and were assured they had received everything required under the law. That was not accurate, as prosecutors failed to disclose these meetings to the defense.

The Constitution is clear. One of the most fundamental tenets of our American Judicial System is the right to a fair trial under the Fourteenth Amendment’s Due Process Clause, which guarantees that the government shall not “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” In addition, the Sixth Amendment guarantees a defendant the right to see all evidence against them and to confront witnesses.

In the landmark case of Brady v. Maryland (1963), the Supreme Court of the United States further clarified these rights, holding that prosecutors must turn over evidence if it helps exonerate a defendant or can be used to impeach a witness, known today as “Brady material.” This is to ensure all defendants receive a fair trial.

When prosecutors do not comply, the consequences can be severe. Michael Morton spent nearly 25 years in prison because prosecutors withheld exculpatory evidence. In response, Texas enacted the Michael Morton Act, making it a criminal offense to withhold such evidence.

District Attorney Jose Garza knowingly, intentionally, and willfully deprived Officer Bretches of his Constitutional right to a fair trial by failing to disclose crucial information to his attorneys.

There is no excuse. A full investigation is necessary to determine whether the Travis County District Attorney’s Office violated the Michael Morton Act.

If DA Garza has any shred of integrity left, he will resign immediately.

CLEAT will continue to provide Officer Chance Bretches with the best legal defense as he and his family endure this miscarriage of justice.

Robert Leonard is a retired New York City Police Officer, former Assistant District Attorney, and U.S. Army military police veteran. He earned his law degree from Brooklyn Law School and has been practicing law for over 23 years. He first joined CLEAT as a Staff Attorney in 2005, defending our members in various cases before becoming CLEAT General Counsel. After serving seven years as General Counsel, he was named Executive Director in 2025, continuing his commitment to protecting Texas law enforcement officers and their families.