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The
Bryan-College Station Eagle
A judge in Burleson County ruled Thursday that a gag order involving the upcoming retrial of a former death-row inmate will remain in place. The order, approved by 335th District Court Judge Reva Towslee-Corbett, has been in place since September despite opposition from Anthony Graves' pro-bono defense team. Graves was sentenced to death in 1994 for the deaths two years earlier of Bobbie Joyce Davis, 45; her 16-year-old daughter; and four grandchildren. The victims were shot, stabbed and beaten before their Somerville home was set on fire, prosecutors said. But in March, the 5th Circuit Court of Appeals threw out the conviction, finding that prosecutors withheld statements that could have swayed jurors. Graves has remained in custody awaiting a new trial. Robert Earl Carter, the father of a victim, was executed in 2000 for the crime. He initially told police that Graves committed the murders. But he recanted the story and took sole responsibility moments before the lethal injection. In court documents, the defense argued that media scrutiny was needed to prevent prosecutorial misconduct. Defense attorneys also asked Thursday that Assistant District Attorney Joan Scroggins, who participated in the original trial, be disqualified from prosecuting the new one. Judge Towslee-Corbett said she plans to rule on the request by Dec. 8. • The Associated Press contributed to this report. Printed from: http://www.theeagle.com/stories/120106/local_20061201002.php |