Showing posts with label Anthony Graves. Show all posts
Showing posts with label Anthony Graves. Show all posts

Tuesday, July 12, 2011

How long until they decide to outlaw trial by jury?

The backlash against the not guilty verdicts in the Casey Anthony case has reached Texas. State Sen. Chris Harris (R-Arlington) has let the world know that he intends to introduce a bill that would make it a felony to fail to report a missing child.

That's just what we need in the Lone Star State, another felony.

And, just so we can be reminded that bad facts made even worse laws - Sen. Harris said he will affix Caylee Anthony's name to the proposed legislation. Because we all know that that's what this knee jerk reaction to a jury verdict is all about.

Sen. Harris doesn't give a rat's ass about Caylee Anthony. He saw the opportunity to curry favor with the wing nuts in his district by slapping around the right wing's latest bogeyman -- Casey Anthony.

Don't blame Ms. Anthony for the jury's verdict, Mr. Harris. Take a closer look at the prosecutors. Did they overplay their hand by seeking the death penalty? Did they have one iota of actual physical evidence tying Ms. Anthony to the alleged crime?

While we're drafting legislation in response to a verdict in a Florida trial -- how about you draft legislation that would make it a felony for a prosecutor to withhold exculpatory evidence like a witness who recants his testimony the night before trial. We could call it the Anthony Graves Act.

We could draft legislation that would make it a felony for a prosecutor to hide forensic evidence in order to prevent the defense from running tests. We could call it the Clarence Brandley Act.

We could draft legislation that would make it a felony for prosecutors to put on scientific evidence that they know is nothing but pseudo-scientific junk. We could call it the Cameron Willingham Act.

But no. Wrongful convictions aren't on Sen. Harris' radar. He has no problem with folks being convicted as the result of prosecutorial misconduct and junk science. He has no problem with juries who convict people on less than proof beyond all reasonable doubt. He has no problem with judges who are more concerned with efficiency than justice.

Apparently Sen. Harris has a problem with juries who follow the law.

Thursday, June 23, 2011

Odds and ends

Perry signs bill compensating Anthony Graves

Gov. Rick Perry signed a bill on Tuesday authorizing the state to pay Anthony Graves $1.4 million in compensation for spending 18 years in prison for a murder he did not commit. In 2006, the 5th Circuit Court of Appeals reversed Mr. Graves' conviction. As there was no finding of actual innocence, the State Comptroller refused to compensate Mr. Graves for his years behind bars.

I guess, Ms. Combs, that it's somehow Mr. Graves' fault that he was arrested, charged and convicted despite the prosecutor's knowledge that the state's star witness recanted the night before trial.

God knows the state has more important things to spend money on -- such as the more than $10,000 a month the state is spending for the house the fair-haired one is renting while the Governor's Mansion is renovated.

Is ATS blackmailing the City of Houston?

ATS, the operator of the red light cameras in Houston, has issued a letter to the city saying that all will be forgiven if the city turns the cameras back on by August 1. If the city chooses to honor the will of the voters, the city may be on the hook for up to $20 million for breach of contract.

The city attorney, David Feldman, made the odd statement that statistics indicate an increase in accidents at intersections since the cameras were turned off after last November's referendum. Of course, Mr. Feldman has never let the facts get in the way of his pronouncements.

We're about to see where Mayor Annise Parker stands when she must decide between money and the will of the populace. I'm not holding my breath.

Monday, February 14, 2011

Adding insult to injury

It's not enough that the State of Texas took 18 years away from Anthony Graves for a crime he didn't commit. Now Susan Combs, the state comptroller, has decided Texas will not reimburse Mr. Graves for the years he spent behind bars.

The state calculated that 18 years of Mr. Graves' life was worth about $1.4 million. But then Ms. Combs decided that because the order releasing Mr. Graves didn't state that he was innocent that he wasn't entitled to one red cent.

If you'll recall, Mr. Graves was convicted of capital murder in 1994 but that conviction was overturned by the US 5th Circuit Court of Appeals in 2006 on the grounds that the prosecutor failed to disclose exculpatory material to the defense and relied on perjured testimony. The state was prepared to retry Mr. Graves in 2010 but the charges were dismissed in October and Mr. Graves was ordered released.

The man responsible for robbing Mr. Graves of his liberty, Charles Sebesta, is still practicing law with very little chance the State Bar will ever disturb him.

The irony is that the current District Attorney for Burleson and Washington Counties, Bill Parham, acknowledged Mr. Graves' innocence when he and Kelly Siegler stood around soaking up praise for (finally) doing the right thing. Apparently that's not enough for Ms. Combs.

Mr. Graves can't go to Governor Goodhair for a pardon because he would have to admit he was guilty -- which we all know he isn't.

So, Bill and Kelly, if you really want to deserve the unearned praise you received, now's the time to do the right thing and petition for Mr. Graves to be compensated for the years he lost.