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The bail for former death row inmate Anthony Graves was reduced by $400,000 Friday and a tentative date for his capital murder re-trial was set for July. But the bail amount - down to $600,000 from the $1 million set last year - is still unreasonable, and the trial date might be too early as well, defense attorneys said outside the Burleson County courtroom. "It's just not enough," attorney David Mullins said of the reduction, explaining that his client would have had trouble even making the $50,000 bail that was instituted by a federal court before Caldwell-based District Judge Reva Towslee-Corbett took over the case. "I really don't believe there's any evidence to hold him," Mullins said. "They really did lack a foundation for every bit of evidence they submitted." Friday marked one of the fist times Graves' attorneys have spoken publicly about the case since late last year, when Towslee-Corbett issued a strict gag order banning all communication with the media. That order was thrown out by an appeals court three weeks ago. A new, revised order issued by the judge prevents attorneys and other trial participants only from talking to the media on the third floor of the Burleson County Courthouse, where the courtroom is located. Graves was released from death row one year ago, after a federal court ruled that his 1994 death penalty conviction was invalid because of false testimony and withheld witness statements. Since then, he's been in custody at the Burleson County Jail awaiting a new capital murder trial. Graves and co-defendant Robert Carter were sentenced to death for the murders of 45-year-old Bobbie Joyce Davis, her teenage daughter and four grandchildren at Davis' Somerville home. The house was then set on fire in an attempt to hide the killings, prosecutors contended during the first trial. But Carter - who testified against Graves at his trial - later recanted parts of his story, contending that he acted alone. "Anthony Graves didn't even know anything about it," he said moments before his execution in 2000. During the one-hour hearing Friday morning, Towslee-Corbett said she planned to have a final pre-trial hearing in early June and wanted to begin jury selection July 10. "I'm very serious about wanting this tried this summer," she told the attorneys. "This case needs to be brought to a conclusion." But the date could end up changing, she said, if the defense files a motion for a change of venue. Attorneys said outside the courtroom Friday that they were inclined to file the motion but had not yet made a decision. That date could also be difficult to achieve because of missing evidence that has yet to be DNA tested, defense attorney Nicole Casarez added after the hearing concluded. Prosecutors have been given a deadline of May 1 to hand over all evidence or to provide a list of what could not be found. Most of the evidence that was admitted during the last trial has already been recovered and handed over to the defense, special prosecutor Patrick Bachelor said during the hearing. However, other items that were not admitted have been more difficult to track down, he said. "Basically, a lot of clothing, the items that were taken at the scene - we don't have any leads, and we don't know if we're going to be able to find those," he told the judge. "Some of it, after 15 years ... may have been destroyed. "Because of the change in jail facilities and the change in personnel and [faded] memories over 15 years, we may not have a definitive answer except, 'It's gone.'" Missing items range from the skulls of the victims to a Dr Pepper bottle recovered by authorities during the investigation. Paperwork from the DPS Crime Lab for items such as the bottle sometimes indicate that there was no fingerprint match to Anthony Graves, Casarez said. But they don't state if other fingerprints were found and, if so, who they belonged to, she said, explaining that such information could be vital to their case. A convenience store worker in Somerville said two men filled a container with gasoline and bought a Dr Pepper on the night of the murders. If certain items such as the skulls are not recovered, the defense said they will file a motion requesting that the case dismissed. Fellow defense attorney Robert Bell said Friday they expect to vigorously inquire about any items that were not found during the next pre-trial hearing. "A man's life is on the line, so yeah, it is pretty important," he said. That hearing, which the judge indicated could end up taking two days, is scheduled for May 22. • Craig Kapitan's e-mail address is craig.kapitan@theeagle.com. Printed from: http://www.theeagle.com/stories/041407/local_20070414014.php |