Post by Anja Nieser on Sept 10, 2006 22:22:06 GMT -5
Death row inmate starts 2nd chance----Hearing begins process of a new
trial for Graves
After 12 years on Texas' death row, Anthony Graves strode into a Burleson
County courtroom Friday for the first in a series of hearings that will
lead to a new trial.
Although the hearing before state District Judge Reva Towslee-Corbett
would have been routine in most other cases, for Graves it marked the
beginning of a 2nd chance to argue that he is innocent of taking part in
the 1992 slayings of a grandmother and five children in nearby Somerville.
Graves, who was transferred from death row Wednesday to the Burleson
County Jail, grinned and nodded at his mother and 3 sons as they sat in
the audience during the hearing.
The 5th U.S. Circuit Court of Appeals gave him his second chance in March
when it found that the prosecution in his 1994 trial withheld from the
defense 2 crucial statements. As a result, U.S. District Judge Samuel Kent
in Galveston ordered that Graves receive a new trial by Sept. 12 or be
released.
"We are satisfied that this constitutes the initiation of trial
proceedings," Graves' attorney, Jeff Blackburn, of Amarillo, told the
judge.
Towslee-Corbett imposed a gag order prohibiting Graves and attorneys for
both sides from speaking publicly about the case. She also set a Sept. 22
hearing to determine how much Burleson County must spend for expert
witnesses and investigators for Graves' defense, since he has no income.
Blackburn; Houston lawyer and University of St. Thomas journalism
professor Nicole Casarez, whose students uncovered evidence they say shows
Graves is innocent; and the Amarillo law firm Mullin Hoard & Brown have
volunteered their services, but Blackburn said they will depend on the
county to pay for everything else. "The fact is that he has been
unlawfully held for 15 years," Blackburn told the judge. "That's the
decision of the 5th Circuit (Court)."
Joan Scroggins, assistant district attorney for Burleson and Washington
counties, countered that the capital murder charge is the only matter
before the court.
Towslee-Corbett disagreed with Blackburn's assertion that the federal
court should decide whether Graves should be allowed to go free on bail
while awaiting a 2nd trial.
She said she will take up the issue later.
Blackburn has asked Kent to allow Graves' release on bail, but the federal
judge has not taken action.
District Attorney Renee Ann Mueller declined to comment because of the gag
order, but Blackburn said the order could not take effect until it is
issued in writing. He accused Burleson County officials of wanting a gag
order to shield them from publicity about "the most vile prosecutorial
conduct."
He said he will seek a change of venue because he believes it would be
difficult for Graves to get a fair trial in Burleson or Washington
counties.
Graves and Robert Carter were convicted in separate trials of bludgeoning,
stabbing and shooting to death Bobbie Joyce Davis, 45, her 16-year-old
daughter, Nicole, and four grandchildren, ages 4 to 9.
Although Carter testified against Graves, he recanted several times.
Moments before he was executed in 2000, Carter again said Graves was
innocent.
(source: Houston Chronicle)
trial for Graves
After 12 years on Texas' death row, Anthony Graves strode into a Burleson
County courtroom Friday for the first in a series of hearings that will
lead to a new trial.
Although the hearing before state District Judge Reva Towslee-Corbett
would have been routine in most other cases, for Graves it marked the
beginning of a 2nd chance to argue that he is innocent of taking part in
the 1992 slayings of a grandmother and five children in nearby Somerville.
Graves, who was transferred from death row Wednesday to the Burleson
County Jail, grinned and nodded at his mother and 3 sons as they sat in
the audience during the hearing.
The 5th U.S. Circuit Court of Appeals gave him his second chance in March
when it found that the prosecution in his 1994 trial withheld from the
defense 2 crucial statements. As a result, U.S. District Judge Samuel Kent
in Galveston ordered that Graves receive a new trial by Sept. 12 or be
released.
"We are satisfied that this constitutes the initiation of trial
proceedings," Graves' attorney, Jeff Blackburn, of Amarillo, told the
judge.
Towslee-Corbett imposed a gag order prohibiting Graves and attorneys for
both sides from speaking publicly about the case. She also set a Sept. 22
hearing to determine how much Burleson County must spend for expert
witnesses and investigators for Graves' defense, since he has no income.
Blackburn; Houston lawyer and University of St. Thomas journalism
professor Nicole Casarez, whose students uncovered evidence they say shows
Graves is innocent; and the Amarillo law firm Mullin Hoard & Brown have
volunteered their services, but Blackburn said they will depend on the
county to pay for everything else. "The fact is that he has been
unlawfully held for 15 years," Blackburn told the judge. "That's the
decision of the 5th Circuit (Court)."
Joan Scroggins, assistant district attorney for Burleson and Washington
counties, countered that the capital murder charge is the only matter
before the court.
Towslee-Corbett disagreed with Blackburn's assertion that the federal
court should decide whether Graves should be allowed to go free on bail
while awaiting a 2nd trial.
She said she will take up the issue later.
Blackburn has asked Kent to allow Graves' release on bail, but the federal
judge has not taken action.
District Attorney Renee Ann Mueller declined to comment because of the gag
order, but Blackburn said the order could not take effect until it is
issued in writing. He accused Burleson County officials of wanting a gag
order to shield them from publicity about "the most vile prosecutorial
conduct."
He said he will seek a change of venue because he believes it would be
difficult for Graves to get a fair trial in Burleson or Washington
counties.
Graves and Robert Carter were convicted in separate trials of bludgeoning,
stabbing and shooting to death Bobbie Joyce Davis, 45, her 16-year-old
daughter, Nicole, and four grandchildren, ages 4 to 9.
Although Carter testified against Graves, he recanted several times.
Moments before he was executed in 2000, Carter again said Graves was
innocent.
(source: Houston Chronicle)