Prosecutors are required to turn over to the defense exculpatory evidence, or material that could be favorable or tend to exonerate a defendant.
But because District Attorney Abel Reyna and Vic Feazell, the former district attorney who tried Graf in 1988, have said the original DA’s office file cannot be located, Graf’s attorney, Walter M. Reaves Jr., is seeking dismissal of the charges.
Graf, 61, who won a new trial from the Texas Court of Criminal Appeals, is set for trial May 19 in Waco’s 54th State District Court.
“Defendant suggests that his trial cannot proceed without the assurance that any evidence which points to his innocence has been produced,” Reaves wrote in his motion to dismiss the charges. “That assurance cannot be given.”Graf's was one of the cases reviewed by the state fire marshal in which the conviction was found to have been based on since-debunked arson indicators now known to be junk science. See extensive coverage of Graf's case from The Texas Observer.
Judge Matt Johnson has not ruled on Reaves’ motion.