Post by Anja Nieser on Sept 25, 2006 0:52:05 GMT -5
Judge resets bail hearing for inmate awaiting retrial----Prosecutors are
fighting release of death row convict before a new trial
A federal judge has scheduled a hearing on a proposed bail that would
allow Texas death row inmate Anthony Graves to remain free until he is
retried on capital murder charges in the deaths of a woman and 5 children.
The Oct. 4 hearing will allow the Texas Attorney General's Office to argue
against a $50,000 bail proposed by U.S. Magistrate Judge John Froeschner,
said Fort Worth attorney Michael Ware.
State attorneys oppose the bail, but want it to be at least $1 million if
one is set, said Ware, a board member of the Innocence Project of Texas,
which has been closely monitoring the case.
"We oppose the bond being set for this convicted death row inmate,"
attorney general spokesman Jerry Strickland said in an e-mail response.
The Innocence Project believes Graves is innocent, and a group of
journalism students at the University of St. Thomas in Houston say they
have uncovered evidence that that would clear him.
The 5th U.S. Circuit Court of Appeals ruled earlier this year that the
prosecution withheld 2 key statements from Graves's defense attorneys that
could have altered the outcome of the 1994 trial.
The appeals court found prosecutorial misconduct, prompting U.S. District
Judge Samuel Kent of Galveston to order that Graves receive a new trial.
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, in Burleson County.
Carter told prosecutors the night before he testified against Graves: "I
did it all myself." He made similar statements in a deposition and moments
before his execution in 2000.
Graves' attorney Jeff Blackburn declined comment because of a gag order by
Burleson County state District Judge Reva Towslee-Corbett, who will
preside over the retrial.
Ware said that allowing Graves to remain free on bail will improve his
defense.
"They can meet with him in much more comfortable surroundings and provide
a more effective defense," he said.
The state "wants Mr. Graves to stay in jail because he looks more guilty
if he's in jail," Ware said.
(source: Houston Chronicle)
fighting release of death row convict before a new trial
A federal judge has scheduled a hearing on a proposed bail that would
allow Texas death row inmate Anthony Graves to remain free until he is
retried on capital murder charges in the deaths of a woman and 5 children.
The Oct. 4 hearing will allow the Texas Attorney General's Office to argue
against a $50,000 bail proposed by U.S. Magistrate Judge John Froeschner,
said Fort Worth attorney Michael Ware.
State attorneys oppose the bail, but want it to be at least $1 million if
one is set, said Ware, a board member of the Innocence Project of Texas,
which has been closely monitoring the case.
"We oppose the bond being set for this convicted death row inmate,"
attorney general spokesman Jerry Strickland said in an e-mail response.
The Innocence Project believes Graves is innocent, and a group of
journalism students at the University of St. Thomas in Houston say they
have uncovered evidence that that would clear him.
The 5th U.S. Circuit Court of Appeals ruled earlier this year that the
prosecution withheld 2 key statements from Graves's defense attorneys that
could have altered the outcome of the 1994 trial.
The appeals court found prosecutorial misconduct, prompting U.S. District
Judge Samuel Kent of Galveston to order that Graves receive a new trial.
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, in Burleson County.
Carter told prosecutors the night before he testified against Graves: "I
did it all myself." He made similar statements in a deposition and moments
before his execution in 2000.
Graves' attorney Jeff Blackburn declined comment because of a gag order by
Burleson County state District Judge Reva Towslee-Corbett, who will
preside over the retrial.
Ware said that allowing Graves to remain free on bail will improve his
defense.
"They can meet with him in much more comfortable surroundings and provide
a more effective defense," he said.
The state "wants Mr. Graves to stay in jail because he looks more guilty
if he's in jail," Ware said.
(source: Houston Chronicle)