by Lee McGuire / 11News

Hours after Governor Rick Perry appointed a new Harris County District Attorney, former DA Chuck Rosenthal filed a sworn statement with a federal court explaining discrepancies in previous sworn testimony.

Read Rosenthal's two-page sworn declaration here:
Declaration of Rosenthal.pdf

Judge Kenneth Hoyt set a 4:30pm deadline today for Rosenthal and his physician to file declarations. The physician's declaration is sealed, while Rosenthal's is not. Hoyt has been investigating Rosenthal's deletion of thousands of county emails which Hoyt had subpoenaed weeks earlier.

"I now understand that I am unable to rely on my memory regarding the steps I took to manage the contents of my desktop and need to rely on reconstructing events from available documents and records," Rosenthal writes in the declaration. "I have now consulted a medical specialist and am informed by him about conditions that have affected my perception and recollections of the past months. While I am seeking treatment to address these matters currently, I am concerned and wish to ask the Court to take into account that my prior testimony and Declaration must be considered in this context."

In federal hearing last month, Rosenthal appeared to contradict himself several times under oath. At the request of Rosenthal's attorney, Judge Hoyt abruptly ended the hearing. Rosenthal resigned a few weeks later, citing a previously unknown conflict with prescription medications that had caused memory problems.

Hoyt has not yet ruled on the ongoing contempt of court issue.

On Friday morning, Gov. Rick Perry appointed assistant US Attorney Kenneth Magidson as the new Harris County District Attorney.

---