NEWS

 

[JULY 8, 20008] : The new trial date is scheduled for June 8, 2009 because the Defense lawyers filed an appeal claiming that a retrial constituted double jeopardy after a U.S. appeals court threw out the original guilty verdict and declared a mistrial.

read more : Graves murder trial moved to June 2009 - Bryan/College Station Eagle

[JUNE 13, 20008] : about the hearing of May 21, 2008 :

Anthony Graves Case Raises the Dead ... Again - by Jordan Smith - Austin Chronicle

[MAY 25, 20008] :

  • Hearing of April 4, 2008 : Anthony Graves refused an offer of a life sentence from the prosecution in return for a guilty plea.

Several constitutional motions were presented to the court by the judge. They were denied.

Two new lawyers are appointed : Katherine Scardino ( from Houston, Tx) and Jimmy Pillips (from Angleton, Tx) - K. Scardino is appointed lead counsel.

  • Hearing of May 21, 2008 :

The defense had filed a writ of habeas corpus for the judge to dismiss the indictment against Anthony Graves. The lawyers argued that a new trial cannot be a fair trial because Robert Carter has been executed. He can never be put on the witness stand to testify to a jury.

The judge denied this motion. The defense appeals this decision. This appeal could set the trial date back.

Read more : Judge to allow dead witness's testimony / The transcripts of co-defendant to be included in inmate's retrial - By HARVEY RICE - May 22, 2008


[February 23, Febrary 26, 20008]

On February 22, 2008 was set a new pre trial hearing ; the judge set the trial date for July 7, 2008 in Giddings, Texas located in Lee County and part of her judicial district.

She has granted a new lead counsel for the defense to replace Jeff Blackburn who needs to step down for family matters.

The DNA test results were inconclusive- the DNA was too contaminated to yield results.

Read more : Murder retrial changes venues - Houston Chronicle


[September 19, 2007] & [September 21, 2007] : A new documentary on TV 14

Innocence Files®

  • Rated: TV14 - http://www.aetv.com
  • Running Time: 60 Minutes
  • Upcoming Airings:
  • Thursday, September 20 @ 11pm/10C
  • Friday, September 21 @ 3am/2C

A look at the work of college students who take on the cases of jailed murderers who claim they're innocent. With exclusive, behind-the-scenes access to Innocence Projects at the University of Cincinnati and Texas Tech University, viewers watch as the students visit the inmates, track down key witnesses, and seek DNA testing that could prove their clients' innocence. We focus on the cases of Anthony Graves, a Texas death row prisoner, and Glen Tinney, a mentally ill Ohio inmate who pleaded guilty but now says he didn't do the crime. http://www.aetv.com/listings/episode_details.do?episodeid=241612

I just watched the documentary on the Anthony Graves Murder Case and cannot believe that a case of blatant cronyism can go nationally broadcast without some sort of legal investigation...>>> Read the comments of the vewers


[August 24, 2007]

$ 90 000.00 + $ 172 000.00

=

The cost of Anthony Graves' retrial

The States has spent approximately $ 90 000.00 this year and Burleson County have budgeted above $ 172 000.00 for 2008. These expenses are for the new prosecutor named, the investigations and other expenses incurred by the defense and the prosecutor. source : Burleson County update

The 5th Circuit Court of Appeals ruled last year that the state withheld two statements made by Carter that they believe might have changed the jury's mind in Anthony Graves' first trial.

"These statements are particularly important in this case because Graves' conviction rests almost entirely on Carter's testimony and there is no dire ct evidence linking him with Carter or with the murder scene other than Carter's testimony." said the judges in their opinion of March 6, 2006.

The Federal Court "granted the Habeas Corpus, unless the state proceeds to retry petitioner within a reasonable time."

The States has decided to retrial Anthony Graves and to keep him in prison in spite of another federal judge decision who granted him to be free on bond pending any retrial.

After almost 18 months, Anthony Graves is still in jail and the date of the trial is not set.

Former prosecutor, Charles Sebesta who condemned Anthony Graves, is number 7 among the Ten worst U.S. prosecutors named, according The Bennet Law Firm. >> http://www.desmainsunies.com/anthonygraves2/mediaP68.htm

Read more : http://bennettlawfirm.typepad.com/badprosecutors/


[August 2, 2007] During a brief teleconference with attorneys, Caldwell-based District Judge Reva Towslee-Corbett granted the defense's motion for a change of venue. The judge has not determined where to move the trial. It won't take place in Caldwell, where the pre-trial hearings have taken place, or in Brazoria County, where the first trial was held. It also won't take place in Brazos County.

The prosecutor told the judge that the DPS crime lab will not have lab reports on the physical evidence until Sept. 30. At that point, the defense will be allowed to conduct our lab testing.

The pre trial hearing had been canceled.

Read more :

[July 21, 2007]

When it comes to the retrial of death row inmate Anthony Graves, Burleson Co. District Judge Reva Towslee-Corbett apparently doesn't feel the need to comply with the 5th U.S. Circuit Court of Appeals or, for that matter, with the opinion of the U.S. Supreme Court. Perhaps Justice Antonin Scalia simply isn't conservative enough for the Texas judge. Or maybe Towslee-Corbett is – dare we say it? – completely biased against Graves. Considering the latest ruling she's made in Graves' case, it would seem that one or the other – if not both – must be true. [...] ” >>> READ MORE in Austin Chronicle Anthony Graves Update: Defense team shot down again By Jordan Smith

Next pretrial hearing : on July 31, 2007

[July 17, 2007] Judge Towslee denied last week the motion to suppress Robert Carter's testimony without explanation ; Anthony Graves' lawyers asked to suppress Robert Carter's because he is no longer alive to be cross-examined ; their request was only based on the law. "Of all the protections in the Bill of Rights that are afforded to a defendant, I can't think of one that's more important than this one," Mullin said for the latest pretrial hearing. So today, we wonder whether Judge Towslee rules in favor of Justice or whether she only rules in favor of the prosecution...

Anthony Graves' defense suffers setback - Judge will let prosecutors use 1994 testimony of a witness who later recanted - By HARVEY RICE - Houston Chronicle - July 12, 2007

[May 23, 2007] Pretrial hearing of May 22 :

- The evidence : an inventory of the physical evidence recently found has been given to the lawyers ; in a first time, only five items will be tested by the Department Public Safety scientists ; the lab wil try to have the results by the end of june. Anthony Graves said that he wanted every piece of evidence to be fully tested. These tests will delay the trial date.

- The change of venue : Anthony Graves' lawyers had 5 witnesses who testified that Anthony Graves cannot receive a fair trial in Burleson County and the Prosecutor filed a controverting affidavit by someone in Burleson County who said the opposite. The judge will consider the motion and will rule in about a month.

- The motion to suppress Robert Carter's testimony : Anthony Graves' lawyers ask to suppress all of Carter's previous testimony because he's no longer alive to be cross-examined. The Prosecutor Batchelor argued this motion ; he has appointed a new assistant who is an "appelate specialist" Charles Chuck Mallin, who plans to appeal the ruling if the judge rules in favor of the suppression of Carter's testimony.

[May 1st, 2007] More interesting coverage on the hearing of April 13 :

[April 14, 2007] Pretrial hearing of April 13 :

The judge did reduce the bond from a million to 6 hundred thousand. That means at 10%, Anthony Graves would need 60 thousand dollars to be freed on bond.

The prosecutor has not found any of the evidence that he had to have for this hearing. He said that all that they did find was tested and tested negative stating that none of the evidence showed that Anthony Graves was involved ; but many items that were taken at the scene are not recovered. If certain items are not recovered, the defense will file a motion requesting that the case dismissed.

The next hearing is scheduled for May 22.

The judge set a tentative trial date for July 10. But this date will surely change.

[April 2, 2007]

[March 28, 2007]

[March 25, 2007]

Batchelor, the new prosecutor just filed his decision to seek the death penalty for Anthony Graves >> read : Former Texas death-row inmate to face death again - by Harvey Rice - Houston Chronicle - March 23, 2007

In an opinion of March 21, 2007 the Tenth Court of Appeals grants the writ of mandamus requested by the defense to set aside the gag order imposed by the judge Reva L. Towslee-Corbett.>> Gag order quashed in Somerville slayings - By HARVEY RICE - Houston Chronicle - March 26, 2007

More development on the previous hearing of March 9, in Caldwell. >> Disclosure debated at Graves hearing - Burleson County Tribune, p. 1, March 15, 2007


[March 12, 2007] A hearing was set on March 9, in Caldwell, TX.

The judge didn't make a decision regarding the bail; she needs to consider the lawyers objections and study the law before ruling on the bond.She said, she will have a decision at the next hearing on April 13.

The judge did not set a trial date but she would prefer that it starts in late June, but certainly "no later than August".

Ranger Coffman was called at the the stand as a witness ; but he changed again his testimony, saying that Robert Carter never told him that he acted alone.

The District Attorney admitted that he cannot find any of the physical evidence in the case other than the "identical " knife. Even the victims' skullcapps are missing. However, he said he's still looking for that evidence.

To know more :

Capital murder retrial planned - Eagle Staff Writter - March 10,2007

Top Ranger contradicts himsel in Graves case - Houston Chronicle - March 10, 2007


[January 21, 2007] The pretrial hearing of january 22, is cancelled

New Twist in Anthony Graves Saga - By Jordan Smit - Austin Chronicle (01/12/2007)

[January 9, 2007] New prosecutor named to retry Anthony Graves Batchelor tried a man executed after evidence challenge - By HARVEY RICE - Houston Chronicle -(01/00/2007)

[January 6, 2007] Anthony Graves released by the federal judge and immediataly rearested by the States .

A federal judge set a hearing on January 5, in Galveston to sign the $50,000 federal bond and to release Anthony Graves. Anthony GRaves' lawyers paid the federal bond and the federal judge let him out of federal custody ; but Anthony Graves was rearested in the courthouse hallway on the state charge. The federal judge said he had no authority to interfere with the state judge's million dollar bond, even though he said he personally believes that it is excessive and oppressive.

The state judge appointed Patrick Batchelor as the special prosecutor for the case.

Read more and watch the video on KHOU TV :

[January 5, 2007] A federal bond hearing is scheduled in Galveston on January 5, afternoon.

Special prosecutor appointed in Graves murder retrial - By HARVEY RICE - Houston Chronicle (01/05/2007)

Graves Update: Judge thumbs nose at feds by Jordan Smith - Austin Chonicle -December 29, 2006


[December 26, 2006] On december 20, 2006 Judge Towslee Corbett set Anthony Graves' bond at $1 million. >> >

Burleson County District Attorney Renee Mueller filed a motion voluntarily recusing her entire office from handling the retrial of Anthony Graves >> Graves Free on Bond; Prosecutor Withdraws - Austin Chronicle - december 20, 2006


[December 19, 2006] The 5th Circuit Court of Appeals unanimously denied the state's to motion to stop Anthony's release on bond, but gave the state until Jan. 4 to hold a state bond hearing.

Read more :

http://www.ca5.uscourts.gov/opinions/unpub/06/06-70050.0.wpd.pdf

Ex-death row inmate to stay in Burleson jail for holidays - By HARVEY RICE - Houston Chronicle - Dec. 19, 2006


[December 12, 2006]>> Prosecutor off retrial of Graves in '92 slayings By CINDY GEORGE - Houston Chronicle (12/12/2006)

[December 9, 2006] >> Judge Reva Towslee-Corbett grants recusal of Joan E.Scroggins in Anthony Graves retrial. (see below about this motion)


[December 6, 2006]

A pretrial hearing on Nov 30, 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. >>>

(12/05/2006) http://www.desmainsunies.com/anthonygraves2/mediaP33.htm

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

About the gag order :

About Scroggins recusal :
 
Hearing set on Scroggins recusal in Graves case - The Burleson County Tribune, Nov. 20, 200

[November 10, 2006] The judge of the district court grants Anthony Graves release ; but the States appeal to the 5th circuit Court and wins a stay of the release pending the outcome of the appeal in 30 days.

Read more this incredible story of conflicting courts orders while Anthony Graves is still in jail for a murder he has nothing to do with ! >>

Freedom fleeting for inmate Graves
After judge gave order for release, state prevails again to keep him in jail pending his retrial


[October 29, 2006], On Friday 27, October a pretrial hearing was set in Caldwell ; the judge granted some motions :

-She granted Anthony Graves to wear regular clothes, and $400 to buy his clothes

- She granted money to hire some experts (a criminologist, an investigator, a venue analyst and a mitigation specialist)

She postponed a lot of motions. She did not rule on defense motions to lift the gag order and to remove Joan Scroggins, assistant district attorney for Washington and Burleson counties, from the prosecution because she was a member of the 1994 prosecution team.

She did not set a trial date yet.

Another retrial hearing is scheduled on November 30, at 10 am.

This hearing was presided by Reva Towslee-Corbett whose the father, Harold Towslee, presided over the 1994 trial in which Anthony Graves was convicted of capital murder.

But, before this hearing, an unexpected hearing was set by the judge Underwood who refused to recuse Reva Towslee-Corbett as the judge presiding over the retrial of Anthony Graves.

According the medias, Underwood said Towslee-Corbett asked him to convene the hearing after the defense filed a motion asking her if there was any reason she should recuse herself. Underwood sent out a letter Wednesday notifying attorneys of the hearing, giving them only one day to prepare. This special hearing seems to be nor normal and nor correct.

to know more :

- Defense stunned in Graves case motion hearing - By HARVEY RICE - Houston Chronicle (10/27/2006)

- Judge's denial of motion stuns Graves' attorneys - Defense says it never requested a hearing for jurist's recusal from the inmate's retrial -By HARVEY RICE - Houston Chronicle (10/27/2006)


[October 19 , 2006] Update

- about the State Petition for a writ of certiorari :

US Suprem court denied the petiion on october 2.

- about Anthony Graves release and the bail :

US Magistrate Judge John Froeshner recommanded on October 4 that Anthony Graves be released on $ 50 000 bail while awaiting retrial. The State asked for a $ one million bail. The final decision might be given by Judge Kent on October 23, if the State don't object Judge John Froeshner' recommendations.

- about the retrial :

Judge Reva Towlee-Corbett has scheduled a pretrial hearing in Caldwell on October 27 at 10 am.

According the medias, some court officials in the retrial are connected to the first trial ; professors of law said that these connections might create an appearance of unfairness. Among these persons, the presiding judge in the retrial, Reva Towslee-Corbett is the daughter of the jdge who presided over the 1994 trial.

[September 30, 2006] The federal court has granted a bail of $50,000 to release Anthony ; the State attorneys oppose the bail, and want it to be at least $1 million. The federal judge has scheduled a hearing on October 4 to decide the amount of the bail.

>>> Judge resets bail hearing for inmate awaiting retrial / Prosecutors are fighting release of death row convict before a new trial By HARVEY RICE - Houston Chronicle -

The US Suprem court conference scheduled on September 25, is postponed on October 2.


[September 10, 2006] A new trial for Anthony Graves :

>>> Death row inmate starts 2nd chance Hearing begins process of a new trial for Graves - by HARVEY RICE - Houston Chronicle (09/09/2006)

[September 7, 2006] On Friday, September 8, will be set a pretrial hearing in Caldwell ; the outcome the outcome will determine whether or not the trial goes ahead. The hearing is open to the public. 11 am

Read to : Death row inmate Graves may be freed on bail Houston Chronicle September 1st.

Read the Federal court decision : http://www.desmainsunies.com/anthonygraves2/06032006.htm


[August 8, 2006 - update - 2 civil actions pending] On May 16 2006, the District Court of Galveston entered an amended order conditionally granting the writ unless the States retrial within 120 days (until September 12, 2006).

The States filed his petition for writ of certiorari on May 31, 2006; Anthony Graves' lawyer M. Greenwood, filed his opposition to the States' petition on June 20, 2006. The Suprem Court Docket reflects that on July 5, 2006, the case was distributed for conference of September 25, 2006.

On June 7, the States filed a motion to stay the Court's Amended Order pending disposition by the Supreme Court of his petition for writ of certiorari. Anthony Graves' new lawyer, David Mullin, filed his response and requested the Court to deny the States' Motion to Stay this Court's Amended Order and to grant Anthony Graves motion for release and order his immediate release (pursuant to Rule 23 (c)). He also asked an oral argument.

On July 26, in a short document, the States files his opposition for release and requests again the Court to stay its amended order conditionnaly granted relief pending resolution of the petition for writ of certiorari. David Mullin just files Anthony Graves' reply.


[May 22, 2006] The Attorney General'Office might appeal the 5th Circuit ruling before the US Supreme Court on June 3. If no appeal is filed by June 3, the state has until Sept 12 to retry him or set him free.

Read : Ex-DA says ruling hurts his reputation - Houston Chronicle May 22, 2006


[04/06/2006 UPDATE] The 5 th circuit court décison : habeas corpus, granted !!!

>> Read the decision : www.desmainsunies.com/anthonygraves2/06032006.htm

http://www.ca5.uscourts.gov/opinions/pub/05/05-70011-CV0.wpd.pdf

>> Medias :

What is going on now ?

In first, the State can appeal the 3-judge decision to the full panel of 5th circuit judges. The state would ask the full 15-judge panel to review the decision.

The state could then appeal the 5th Circuit's decision to the U.S. Supreme Court. The Attorney General has been granted until April 16 to make a decision.

If no further review is sought, the court will order a new trial to be conducted within 120 days.

Third, the state could release Anthony Graves without appealing the decision and without retrying him.


[02/03/2006]
St.Thomas students continue investigation into Graves case - Professor says evidence flawed: Sebesta disagrees - Burleson County Tribune (01/19/2006)

[01/06/2006] David Brancaccio, host of the national PBS program Now, examines two death penalty cases : Anthony Graves'case and Rueben Cantu's case that raise troubling questions about the death penalty .

[12/20/2005] The 5 circuit court has granted an oral argument on December 6, in Austin. The argument was presented by Anthony Graves lawyers and the District Attoney to a panel of judges.

A letter has been disclosed few minutes before the hearing of December 6 ; it was written by Sebesta's assistant district attorney Bill Torrey and concerned the interrogation of Carter the night before the trial. The letter notes the importance of an assistant's work in questioning Carter. "This examination ... was instrumental in 'breaking' down Carter's resistance and facilitating testimony, testimony which, in post-verdict interviews with jurors, was absolutely essential in their minds, toward corroborating a largely circumstantial case," .

Houston attorney DeGuerin signed an affidavit last month stating that a Brenham woman was prepared to testify at Graves' trial that she was speaking with Graves on the phone about the time of the murders.

Read more about this hearing and these new facts :

Appellate judges hear Graves' plea for new trial - Houston Chronicle (12/06/2005)

Lawyers fight for a new trial in killings of 6/Attorneys say evidence backing Anthony Graves' alibi has surfaced - By HARVEY RICE - Houston Chronicle (12/05/2005)

[08/02/2005] A new book with a comment about Anthony Graves' case:

Executed on a technicability - Lethal Injustice on America's Death row

By David Dow - Edited by Beacon

[02/22/2005] The judge Samuel B. Kent issued his decision on january 16, and affirmed the magistrate's recommendation, denying Anthony Graves a new trial. Anthony Graves lawyers appeal to this decision.

[01/10/2005] Medias : Students say prosecutor made Graves mistake - Group says evidence never linked him to the 1992 slayings -By HARVEY RICE - HOUSTON CHRONICLE

[12/15/2004] Medias : Death row inmate trying to save another man's life 07:01 PM CST on Monday, December 13, 2004 By Dan Lauck / 11 News

[11/19/2004] The federal magistrate judge Froeshner has recommended that Anthony Graves be denied a new trial. Anthony's lawyers have until November 22, 2004 to write their objections.

>> To know more :

Nov. 10, 2004, Judge advises against new trial - Statement was unlikely to have influenced Graves jury, he says By HARVEY RICE - Houston Chronicle

Anthony Graves' letter :

My Dearest Supporters,

I don't really know how to begin this letter. Obviously my mind is still trying to process the following information that I received this morning. Apparently, on November the 8th, The U.S. Magistrate that presided over my resent hearing of september the 28th-30th, handed down his horrible ruling.[...]

[10/30/2004]Juror regrets role in capital conviction - A new trial could be ordered if judge in Galveston finds evidence hidden By HARVEY RICE - Houston Chronicle

 

[10/06/04] Read Anthony's letter about the hearing

"To: My Dearest Friends & Supporters,

First of all, I want to say thanks. Thanks for all of the prayers that you and your family sent up for Me and my family in our time of most need. I do appreciate it. Let me start by saying that, the over all hearing went quite well, if I must say so myself; But, let me walk through the hearing with you, beginning with Tuesday night the 27th before the hearing. [...]"

[10/04/04] The evidentiary hearing which was postponed on April, was set to the District Court in Galveston on September 28 th at 10 o'clock :

In an opinion (1) on August 15th, the 5th Circuit Court found that the suppression of Carter's statements to the district attorney, the night before his testimony, should have been divulgued to trial counsel and ordred further hearings in the District Court in Gavelston.On November 13h 2003, the same court issued an opinion (2) in Anthony's case that sends his case for a new hearing on a second issue. The federal distrcit court in Galveston, had to consider 2 issues : 1) whether the prosecutor should have told Anthony's counsel about Carter's statement exonarating Anthony : "I did it all myself" and 2) whether the state should have told Anthony's counsel about Carter 's statement implicating his wife "Cookie".

On September 28, Judge Froeschner opened the proceeding by stating that he was going to allow the lawyers to present all their evidence ; Bill Torrey, Sebesta's assistant (the former prosecutor) was the first witness. Then came Charles Sebesta, Lydia Clay-Jackson and Calvin Garvie (two Anthony's lawyers to the trial).

Bill Torrey said there was not a lot of communication between Sebesta and him. He testified "there was some trouble about getting Carter's testimony". He said that he didn't tell Anthony's lawyer about Carter's claim " I dit it all myself" because he didn't know it.

Sebesta said that he first told the state attorney that he did not tell Garvie Carter's statement "I did it all myself", because he forgot running into him in the courtroom. He said that he then "pieced things together" by reading the 5th Circuit's opinion and the trial transcripts; he "pieced together" his memory of telling Garvie in the hallway.

Lydia Clay-Jackson said that she thought the state indicted Cookie to put pressure against Carter ; she said too that if Sebesta had told Mr Garvie about Robert's statement, he would have told her. To the question "would knowledge of Carter's statements have been helpful to your case ?", she replied "Most assuredly".

Calvin Garvie testified that he and Lydia believed most strongly that Anthony did not commit the crime; he said that the state never proved a motive, and that they had alibi witnesses to show that Anthony was with his relatives and his girlfriend on the night of the murders. He also said that he found out years later that Carter had told Sebesta "I did it all myself" and Sebesta never told defense counsel that Cookie was involved. He said that would had been a " huge statement" to know that Carter had said "I did it all myself".

Then the judge adjourned until wednesday at 11 a.m for legal arguments.

On wednesday, the State went first and made a brief statement for 15 minutes. The state argued that Carter's statements were nothing new and that Sebesta's failure to inform defense counsel of those statements was harmless error; the jury would have found Anthony gulity even if the jury knew about these aditional statements.

Greenwood argued that exact opposite for a hour: the statements would have made a great deal of difference to the case and Sebesta had plenty of time to tell defense counsel about them.

The judge said that he would write a report to Judge Kent. Both Anthony's lawyers and the state's lawyers will have an opportunity to comment on or make objections to the report before it goes to Judge Kent. Then Judge Kent will make a ruling.

The judge said that he cannot rule in Anthony's favor unless he finds that the statements WOULD have made a difference in the outcome of the case, not just that the statements MIGHT have made a difference in the case.

http://www.desmainsunies.com/anthonygraves2/15082003.htm

http://www.desmainsunies.com/anthonygraves2/13112003.htm


home
top

Association Des Mains Unies pour la Justice - Join Hands For Justice

http://www.desmainsunies.com

anthonygraves@desmainsunies.com