Dec.
5, 2006
A
pretrial hearing, on Nov. 30, 2006 revealed that the
prosecution in Anthony Graves’ trial in 1994,
didn’t say all the truth.
Two new testimonies show strong contradictions between
former D.A. Charles Sebesta’s allegations at the first trial that sent
Anthony Graves in Death row for 12 years and the reality.
On March 2006, the Fifth circuit court has overturned Anthony
Graves convictions because two important
statements made by Robert Carter and that Sebesta
has not disclosed to the jury and the defense could “put the whole
case in such a different light as to undermine confidence in the
verdict”.
According the press, the defense had subpoenaed as witnesses
Joan Scroggins, Sebesta, and the lead
prosecutor in the retrial, District Attorney Renee Ann Mueller.
But on November 30, the lawyers called only Texas Ranger Ray
Coffman, Bill Torrey, and Joan Scroggins.
Ray Coffman was the Texas Ranger who crossed
examined Anthony Graves before the first trial. His lawyers called
him at the bar and asked him: “ Did Robert Carter
ever tell you that Anthony Graves was innocent?” And his answer was “Oh sure, several times.” Coffman testified that he always told Sebesta
when Carter told him that Graves was innocent, but never put it in any of his written reports.
Then the lawyers read into evidence Coffman's testimony
from the 1994 trial, where Sebesta had
him state that although Carter gave different versions of what happened,
he ALWAYS implicated Graves as his accomplice EXCEPT for ONE time,
and that was his grand jury testimony where he said that both he
and Graves were innocent.
This new testimony
at the stand on Thursday is not really a surprise: in its opinion
on March 6, the Five Circuit Court already shows that Sebesta
has used a trial tactic to lead the jury that Robert Carter
made no additional statement tending to exculpate Anthony Graves.
And the High court concludes : "Although there is no factual finding regarding whether Ranger Coffman knew
of Carter's statement that he committed the crimes alone, Sebesta clearly knew of the statement and used Ranger Coffman as
well as Carter to present a picture of Carter's consistency
in naming Graves that Sebesta clearly knew was faIse."
Bill Torrey who was the former assistant district attorney for
the first trial testified at this hearing that he never once had
a conversation with Robert Carter. Whereas
it was not what was written in the police reports; Coffman's police
reports state that Coffman and Torrey
went to visit Carter at least three times in prison, to try to obtain
his testimony.
It's not the first time that Bill Torrey brings
a new light in the process of the first trial that sent Anthony
Graves in the death row. At the evidentiary hearing of December 6, 2005 he conceded that the case against Anthony Graves was not so strong
as has District Attorney Sebesta
has admitted on a number of occasions.
The lawyers had also filed a motion to disqualify Joan Scroggins; she was the Assistant District Attorney of Sebesta; the defense argues that Scroggins was part of Sebesta 'efforts to elicit testimonies at the first trial
and should have reported his misconduct. According the lawyers she
should be removed because “she has a very
strong and personal interest in the outcome of this case”.
They called a legal ethics expert who testified that under the rules
of professional responsibility, Scroggins has a duty to recuse herself, as well as a duty
to report Charles Sebesta to the state
bar grievance committee.
Joan Scroggins testified that she never found out about Carter's statements
until long after the trial, during Anthony's appeal.
District Judge Reva Towslee-Corbett
will rule on this motion on December 8.
Judge Reva Towslee-Corbett
said that she will maintain the gag order she issued in September
in spite this order could prevent Anthony Graves from receiving
a fair trial.
A new hearing for other pretrial motions is set on Wednesday Dec. 20
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