Post by Anja on Jun 7, 2006 21:46:17 GMT -5
State attempts to avoid retrial----Lawyers ask Supreme Court to overturn
ruling on death row inmate
In a last-ditch effort to avoid giving death row inmate Anthony Graves a
new trial, state attorneys are asking the U.S. Supreme Court to overturn a
ruling that the prosecution withheld vital evidence during his 1994 trial.
The petition from the Texas Attorney General's Office will not push back
the Sept. 12 deadline for a new trial, said Graves' attorney, Jay W.
Burnett of Houston.
"The time keeps clicking on," said Burnett, who consulted with the
Attorney General's Office about the timetable. Officials with that office
declined to comment.
Burnett said state attorneys have told him they will ask this week that
U.S. District Judge Samuel Kent of Galveston stay his order that Graves
receive a new trial by Sept. 12.
Burnett and Roy Greenwood of Austin represented Graves in the appeal that
led the 5th U.S. Circuit Court of Appeals to overturn his conviction in
March. The court concluded that prosecutors had withheld evidence in
Graves' 1994 trial.
Graves and Robert Carter were convicted in separate trials in Burleson
County of bludgeoning, stabbing and shooting to death Bobbie Joyce Davis,
45, her 16-year-old daughter, Nicole, and four grandchildren, ages 4 to 9.
The victims' Somerville home was set afire to cover the crime.
After the 5th Circuit Court's ruling, Kent set a June 3 deadline for an
appeal and ordered a new trial in 120 days, which Greenwood calculated as
Sept. 12. Burnett and Greenwood said state attorneys and local prosecutors
still could use legal maneuvers to push back the trial date. They were
confident that the state's appeal, filed last week, will fail.
"Since they waited until the last minute to file it, I can only believe
this is a delaying tactic," Greenwood said.
Both contend that the evidence against Graves is too weak for the district
attorney for Washington and Burleson counties, Renee Ann Mueller, to try
Graves. Mueller did not respond to a request for comment.
"How can you have a trial when the only evidence has recanted itself, and
the state has admitted it recanted itself?" Greenwood asked.
He was referring to Carter's retraction of testimony that both sides agree
was instrumental in convicting Graves.
A group of journalism students at the University of St. Thomas, who are
part of the University of Houston-based Texas Innocence Network, say they
uncovered new evidence after three years of investigation that proves
Graves' innocence. The evidence has not been used in court but could be
used in a new trial.
Burnett said he will continue to represent Graves if a new trial is held.
He said he has the backing of a 40-member Amarillo law firm, Mullin Hoard
& Brown.
Burnett said he will seek Graves' release on bail soon, after 14 years in
prison, including 12 on death row. He expects the state to fight the
request.
He also said he will ask to be formally appointed to represent Graves.
(source: Houston Chronicle)
ruling on death row inmate
In a last-ditch effort to avoid giving death row inmate Anthony Graves a
new trial, state attorneys are asking the U.S. Supreme Court to overturn a
ruling that the prosecution withheld vital evidence during his 1994 trial.
The petition from the Texas Attorney General's Office will not push back
the Sept. 12 deadline for a new trial, said Graves' attorney, Jay W.
Burnett of Houston.
"The time keeps clicking on," said Burnett, who consulted with the
Attorney General's Office about the timetable. Officials with that office
declined to comment.
Burnett said state attorneys have told him they will ask this week that
U.S. District Judge Samuel Kent of Galveston stay his order that Graves
receive a new trial by Sept. 12.
Burnett and Roy Greenwood of Austin represented Graves in the appeal that
led the 5th U.S. Circuit Court of Appeals to overturn his conviction in
March. The court concluded that prosecutors had withheld evidence in
Graves' 1994 trial.
Graves and Robert Carter were convicted in separate trials in Burleson
County of bludgeoning, stabbing and shooting to death Bobbie Joyce Davis,
45, her 16-year-old daughter, Nicole, and four grandchildren, ages 4 to 9.
The victims' Somerville home was set afire to cover the crime.
After the 5th Circuit Court's ruling, Kent set a June 3 deadline for an
appeal and ordered a new trial in 120 days, which Greenwood calculated as
Sept. 12. Burnett and Greenwood said state attorneys and local prosecutors
still could use legal maneuvers to push back the trial date. They were
confident that the state's appeal, filed last week, will fail.
"Since they waited until the last minute to file it, I can only believe
this is a delaying tactic," Greenwood said.
Both contend that the evidence against Graves is too weak for the district
attorney for Washington and Burleson counties, Renee Ann Mueller, to try
Graves. Mueller did not respond to a request for comment.
"How can you have a trial when the only evidence has recanted itself, and
the state has admitted it recanted itself?" Greenwood asked.
He was referring to Carter's retraction of testimony that both sides agree
was instrumental in convicting Graves.
A group of journalism students at the University of St. Thomas, who are
part of the University of Houston-based Texas Innocence Network, say they
uncovered new evidence after three years of investigation that proves
Graves' innocence. The evidence has not been used in court but could be
used in a new trial.
Burnett said he will continue to represent Graves if a new trial is held.
He said he has the backing of a 40-member Amarillo law firm, Mullin Hoard
& Brown.
Burnett said he will seek Graves' release on bail soon, after 14 years in
prison, including 12 on death row. He expects the state to fight the
request.
He also said he will ask to be formally appointed to represent Graves.
(source: Houston Chronicle)