Washington-Burleson County District Attorney Bill Parham dismissed the case after he and his team investigated the case for five months.
The only witness against Graves was the actual killer in the incident, a man who recanted his testimony to prosecutors the night before Graves' trial, but was threatened with prosecution of his wife if he did not go ahead and accuse Graves of being his accomplice. Students from the"He’s an innocent man," Parham said today. "There is nothing that connects Anthony Graves to this crime." He said the dismissal was just.
"I did what I did because that’s the right thing to do, and I’m fine with it," he said.
An attorney for Graves, Jimmy Phillips, Jr. said his client was released about 5:30 p.m. "The first place he wanted to go is to go hug his mama," Phillips said. "He is a free man and he’s home."
Kelly Siegler, a prosecutor hired to re-try Graves, agreed with Parham.
"After months of investigation and talking to every witness who’s ever been involved in this case and people who’ve never been talked to before, after looking under every rock we could find, we found not one piece of credible evidence that links Anthony Graves to the commission of this capital murder," Siegler said.
"This is not a case where the evidence went south with time or witnesses passed away or we just couldn’t make the case anymore. He is an innocent man."
It's interesting to note the language used by the prosecutors in the story, declaring they could find "not one piece of credible evidence." That's particularly significant because Deputy Keith Pikett's infamous dogs reportedly picked out Graves in a "scent lineup," but clearly prosecutors, to their credit, don't consider that evidence "credible."
Congratulations to Graves and his attorneys and kudos especially to the students whose research led to this jaw-dropping turn of events, not to mention the latter-day prosecutors who finally admitted (better late than never) that Graves is actually innocent. For more background on the case, check out Jeff Blackburn's guest post on Grits published while I was on vacation and an excellent Texas Monthly feature by Pam Colloff.
See prior, related Grits posts:
- Progress and its Discontents, or what I learned from an article in Texas Monthly
- 'Scent lineup' evidence may be used in Anthony Graves capital murder case
- Tales from death row: Passion and intrigue marked two capital murder trials
- Blog: Four of 10 worst US prosecutors in Texas
- Prosecutors improperly withheld confession in death penalty case
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29 comments:
Thank you for putting a name to the dishonest prosecutor who is responsible for this travesty of justice.
see there grits! your nicer than i am. i think mr greaves should be given a pistol and 5 mins alone with the former prosecutor....since he's nothing but a CRIMINAL who's been caught in the act and as any cop will tell you! you can shoot them when caught in the act! and most of them when NOT caught in the act!
If the state failed to meet the burden of proof, why did the trial judge not give an instructed verdict of not guilty?
I think it is terrible For Anthony Graves family to go thru something like this because of dumb prosecutor. I think that we all need to fight for the innocent. Stop prosecutors like this one. I am Happy for Anthony Graves that he got out.
"If the state failed to meet the burden of proof, why did the trial judge not give an instructed verdict of not guilty?"
Jeez, son! You must not be Texas. :~)
You must not be FROM Texas. (It's early!). :~)
6:34 What part of sarcasm is a relative to the discussion here?
Anthony Graves was actually on death row for 12 years until his conviction was thrown out. He has sat in a county jail for the last 4 years awaiting a retrial, where the prosecutor had intended to seek the death penalty again in February. It is certainly a blessing that they have come to their senses. It is too bad it took them 4 years to do it.
Michael, I was thinking of you when I looked it up, knowing if I didn't I'd hear about it. :)
Rod, "Vengeance is mine, saith the Lord." That said, this apparently isn't his only malfeasance - see also the entry on him here. If somebody with resources really dug into it, there may well be something he could be prosecuted for out there.
6:31, bottom line, judges here are elected. When you read Pam Colloff's article, it's clear locals were out for blood. The mayor even suggested he be hung from a tree without a trial to save taxpayers' money.
TCADP, thanks for the clarification. I'll correct it in the post.
We criticize prosecutors enough on here. Let's be sure to give credit to the two prosecutors who did the right thing in this case. I plan on sending an email or letter thanking them. I would encourage others to do the same. Maybe if we support them, it will encourage other prosecutors to have the courage to do the right thing.
A favorite ploy seems to be the threat to prosecute the wife. You look at the court appointed attorney and ask if they can do that. The attorney shrugs and says "Probably not but they can make the next couple of years hells for her". There has already been 2 years of hell so the defendant says "F++k it. I'm pleading guilty". The Judges know this is going on and have the gall to ask if they are under duress. I don't suppose the threat of taking both parents out of the home is considered duress. I have seen this happen. Any dirty trick will do to get a guilty plea whether valid or not. The court appointed attorney does not even have to arrange a reduced sentence. The client can just be thrown out for the maximum. Ask Antonio Fernandez in Ft. Worth.
Just wanted to note that the students who worked on this were with the Innocence Network at the University of St. Thomas, not UH.
http://www.desmainsunies.com/tin2.htm
Even with Anthony Graves being, finally, declared innocent, he continues to have to live with this injustice in that his life will never be the same. Even if he is paid some amount of monetary restitution, his life has been ruined. The original prosecutor should be required to complete the sentence he adjudged to Anthony Graves.
"As far as I'm concerned, the original prosecutor in the case, Charles Sebesta, should be immediately disbarred and lose any prosecutorial immunity for his willful failure to disclose the recantation. What a disgrace to his profession."
Couldn't agree more.
Renee, I corrected it.
These errors are what I get for popping in during the World Series to post about this. Didn't dot all my i's. :)
Anon 6:34 commented, "What part of sarcasm is a relative to the discussion here?"
The part that states that sarcasm is sometimes used as a shortcut or more efficient way to express emotion or thought. As I have neither the time nor space to explain the gross injustices of the Texas criminal justice system (and could never approach the quality of Grits' extensive writings on the subject), I simply choose sarcasm (though a poor version, I must admit) as my way of expressing my discontent with Texas justice. That answer your question...or was it simply rhetorical? :~)
Nicole Casarez, head of the Innocence Network at St. Thomas University in Houston, and her journalism students did oustanding work on this case. They kept on this case for many years after everyone else gave up and were able to prove Mr. Sebesta's misconduct to the point where the case was reversed by the 5th circuit. Great job Nicole!
Is Mr Sebesta going to return his prosecutor of the year award?
TCADP said...
He has sat in a county jail for the last 4 years awaiting a retrial, where the prosecutor had intended to seek the death penalty again in February.
10/28/2010 07:00:00 AM
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AND they brought in a theatrical LOON, Houston's Kelly Siegler to prosecute him. This whole thing STINKS! That smell from Texas is not what you think it is, it IS gross negligence in prosecution that STILL HAPPENS EVERYDAY with reckless abandon and NO CONSEQUENCES for those in POWER.
GOD HELP TEXAS!
Hook 'em, you've got to give credit where it's due. Siegler did the right thing here.
hmm
"Rod, "Vengeance is mine, saith the Lord.""
Maybe so grits but he/she has never EVER said you have to be a pushover. I'm not god. i have a temper...of course so does god! i seem to recall he got fed up and blew two cities off the map..then of couse got fed up again and killed EVERY LIVING THING ON THE PLANET except for a small number. Sorry when i see criminals like this da and who knows if the is the FIRST or even LAST time he's done this. i think he needs to pay for the lives he's DESTROYED with his own.
and it should man or anyother he's menaged to screw over. The state can hardly demand they allow the state to handle it. Since the state is the one that just comitted the crime!
"Is Mr Sebesta going to return his prosecutor of the year award?"
Was this saracasm or did he really get the award? I ask because years ago, Jack Skeen (now a judge who thinks he's still a prosecutor) in Smith County got this award. This was after his misconduct in the Cook case and other cases. If this guy also got the award, it would seem, that whatever association it is that gives this award thinks the best prosecutors are the ones who get away with the most. While I'm sure most prosecutors are honest people who try do the right thing, this signals that there is a real problem in the "culture" of the Texas prosecutor community.
actually, renee feltz is, for once, not correct. the case was a texas innocence network case. st thomas used to be part of that network, which remains based at UH. the first year or two that the case was with us, there were both law student investigators and journalism student investigators, all working under the direct supervision of nicole casarez, who is one of the three heroes of this story, in my view. eventually, st thomas took over the investigative side entirely, and law students worked on the legal side. in addition to nicole, the other two heroes are jared tyler, who started on the case as a UH student and continued on it as a TDS lawyer. he did superb work for roy greenwood and jay burnett when the case was in federal habeas. and the final hero is katherine scardino, and her partner jimmy phillips, whose work representing graves back at the trial level was stellar and inspiring.
Angee said...
A favorite ploy seems to be the threat to prosecute the wife. You look at the court appointed attorney and ask if they can do that. The attorney shrugs and says "Probably not but they can make the next couple of years hells for her". There has already been 2 years of hell so the defendant says "F++k it. I'm pleading guilty". The Judges know this is going on and have the gall to ask if they are under duress. I don't suppose the threat of taking both parents out of the home is considered duress. I have seen this happen. Any dirty trick will do to get a guilty plea whether valid or not. The court appointed attorney does not even have to arrange a reduced sentence. The client can just be thrown out for the maximum. Ask Antonio Fernandez in Ft. Worth.
10/28/2010 08:01:00 AM
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Harris County as well! There are or I should say were judges here that were less concerned with the rule of law then they were helping the DA get a conviction.
Gritsforbreakfast said...
Hook 'em, you've got to give credit where it's due. Siegler did the right thing here.
10/28/2010 01:27:00 PM
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Yes, she did. I can only hope it's a "real" wake up call for her and not more theater.
"Is Mr. Sebesta going to return his prosecutor of the year award?" someone asked. Someone else asked if he had really received one.
If he received one (I don't know) my money would say he won't return it. And whoever awarded it will not back down.
Tom Coleman received "lawman of the year award" for his malfeasance in Tulia. To my knowledge he has not returned it. It was awarded with the approval of then AG John Cornyn. ACLUTX approached now Senator Cornyn about revoking it. Mr. Cornyn was not interested.
Rev. Charles in Tulia
I am from Namibia in Africa and saw this broadcast of Anthony Graves more than a year ago.
I am very excited to read that he is finally a free man.
Yes this prosecutor must never be allowed to practise law again.He's aim was to kill an innocent person.
Joël
It is wonderful, in my opinion, that our system of jurisprudence, and the efforts of a crusading journalist plus her magazine, have freed a man about whom there is reasonable doubt. And Anthony Graves seems like such a personable young man. And what I have to say is in no way meant to malign him. But having read the Texas Monthly article twice, and having watched video, I am not convinced that the gentleman is innocent. I feel there was a hole in the explanation of how close he may -- or may not -- have been to the confessed killer and/or his wife. Personally, my guess is that the prosecutor was over-zealous in his attempts to convict Graves, but not necessarily out of a desire to notch up convictions but more to find justice for the, was it five?, victims, many of whom were children. Yes, the killer recanted, but I am not sure how convinced I am by that either. I do commend the writer highly, and I do commend our justice system that even in the worst possible scenarios a man about whom the evidence is ambiguous can go free. I would much prefer for that to be the case than the other way around. Most killers when freed never kill again. I am very much hopeful that Graves has not a guilty bone in his body.
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