Exoneration and Life After Prison

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It was probably the most brutal crime that ever happened in that part of the state. You're talking about four little babies asleep in their bed sixteen year old to sleep in her bed and their grandmother, who's also killed at the age of forty five When she took that last breath I guarantee you, her last thought was, how am I going to protect those babies now committed the crime was in a frenzy There were sixty six stab wounds sixty six, sixty six minimum of sixty six, by the way. Those are the ones that they counted Those were living people. Those were my daughters. That was my niece and my nephew. Who can do that? That's what's so horrible There's a lot of pressure to find this person or these people that have done this Four days after the crime, law enforcement had their suspect. They got their man, and that's the end of the story They did not do their job Tunnel vision. Total tunel vision. Anthony Graves was convicted of being an accomplice. I'm absolutely convinced that he's innocent I'm a professor. I'm not paid to be a lawyer. I do it because I believe in it. Nicole and her students played a really pivotal role in this. What did you see yourself as being up against? We're Texas. We like to execute people. How many people have you put up on death row? A lot. There's nothing wrong with winning when you're convicting people who aren't guilty. We want to get him out We think he is truly an innocent person I've written crime stories for Texas Monthly for thirteen years What I wanted to do was to try to get to the bottom of what had happened in this case There is an innocent person who is going to death row if I do my job Does this man get to live? Does this man get to die This was such a horrific event in that town and continues to be an event that really haunts. peopleople of Somerville This used to be where the Davis family lived Before the early morning hours of august eighteenth, nineteen ninety two In the midst of the rubble, the police found those six bodies all members of the same family This was a family that almost everyone in town knew, liked, respected The victims, a grandmother herer daughter and four grandchildren who were staying with them Qarter Pam Koloff is still moved by the fact The family never had a chance There was Bobby Davis, the grandmother to the four children, who was bludgeoned and then stabbed to death There was sixteen year old Nicole, her daughter. who was a high school student an athlete who was bludgeoned and shot. And then there were the four grandchildren They were nine year old Ditra, six year old Brittneany, five year old Learon, and four year old Jason. My daughters were exotically beautiful. Glenda Rutledge was Lee Aaron and Brittneany's mother They were my legacy And I was so looking forward to the chance to get it right To rise strong Sure. conffident, successful women You know I wanted to do that so bad Ginda's ex husband, Keith Davis lost almost his entire family that night These were little babies and my mother who I You know who we adored, who was the center of our life He was convinced it was a random crye. I just couldn't imagine someone from that area harming anyone in my family because we had never We didn't have any enemies. We hadn't been in any trouble Roy Ritter lived and worked not far from the murders. Five days after the crimes, he remembers hearing there was a break in the case I could hear the radio. And the news would always come on. And it was early in the morning. and they came up and they said You know, arrests have been made and they said Anthony Charles Graves, agge twenty seven Anthony Graves was one of Ritter's best friends. Graves had worked for him for a while at his machine shop, and the two became so close Graves had even been in Ritter's wedding party. It just freaked me out, but my immediate thing was, yeah, right no way. And what you know what could possibly be going on here You didn't believe it? Well, of course not Absolutely not. Ritter knew Anthony Graves as a gentleman, a father of three And he now was hearing his friend was a murderer of women and children In my heart, my convictions were that's impossible because Anthony would never do that Anthony would never hurt or raise a hand to a woman And especially not a child, especially the way he loved his children And when Graves was arrested, he seemed equally stunned You're charged with the offense of capital murder Wh You to lear me Roy was so sure of his best friend's innocence that he even put up ten thousand dollars of his own money to hire a top lawyer for his upcoming hearing, convinced it would all soon be over. There's no way they have anything. They don't have anything Police did have the words of this man. Robert Carter was the father of the youngest victim, four year old Jason. And investigators had grown suspicious when they noticed Carter had injuries that were hard to explain At the funeral for the victims, Robert Carter showed up heavily bandaged on the left side of his face and his left hand, and the bandages were covering up severe burns. Carter claimed he burned himself after his lawnmower blew up. The Texas Rangers obviously noticed Mis. Carter at the funeral. He was difficult to not notice And they visited him at his house after the funeral and took him in for questioning Carner insisted he had nothing to do with the murders, but the Rangers had learned that he had a motive Carter was married, but he had recently been served with a demand for child support from another woman, the mother of his son, Jason And investigators believe Carter went there Kill Jason. He very clearly wanted his four year old son dead After the murders, investigators believe Carter set the fire to cover his tracks. But from the beginning, they believed he must have had help. There were so many victims and so many weapons There was a gun, there was a knife, and there was a hammer and investigators found it difficult to believe that one person could have wielded three different objects and killing six different people The Rangers interrogated Carter for hours And he finally gave them a name During his interrogation, Robert Carter placed himself at the crime scene, but he said that he had not taken part in the murders himself The person who committed the murders was a man named Anthony Graves, who was his wife's first cousin Within hours, Anthony Graves had been arrested and taken to the police station. He took a lie detector test and fail M this This is a big mistake Cit of murder I know you sound good in my life I a dream of a was, man. At first there was little more than Carter's word to tie Anthony to the case, but investigators would soon get help from the last place anyone would expect Anthony's best friend And then they asked me if I'd ever known I would carry a knife. I said I gave Anthony a knife one time In Sumerville, Texas, nothing moves very swiftly, except for the occasional freight train And sometimes the desire for justice. Emotions were running so high in Somerville, leading up to these trials that the mayor at the time said that people in the community didn't even want to bother, that they wanted to quote, bring back the hanging tree. But events would unravel a little more conventionally Robert Carter stood trial and was quickly convicted And then it was time for Anthony Graves, the man whom Carter had named as his accomplice Th thingsings you see in horrorv They said I did' did you? No would never do anything like this I'm not a violent person at all It was just craz Graves said he knew Robert Carter only in passing and didn't know the victims at all. In fact, there was no physical evidence linking him to the crime. I'm like, whatever's going on is going be cleared up because I haven't done anything wrong But authorities only focused more on Graves. He had said he never owned a knife, but investigators learned he once did, and that it was given to him by his good friend, Roy Ritter And I said I gave Anthony a knife one time around his birthday and I have one that's exactly like it. and they asked me if I still had that Kife and I said Yib. The actual murder weapons were never found, but investigators wanted Ritter's knife, the one he said was identical to the knife he gave graves And they said, Well, would you mind if we examined it? And I said, No, I wouldn't mind at all Ritter thought the knives were too flimsy to inflict any serious wounds, and some of the victims had knife wounds that went through their skulls So Ritter was stunned when those test results came back The blade fits inside the skull cap Perfectly. So all of these folks in the DA's office told you that your knife, which was identical to the one you gave Anthony, fit perfectly into the holes in those baby skulls. Yes, sir What did you make of that I didn't want to believe it because if that was true My friend was a murderer Right And his friend Anthony Graves's murder trial began in october nineteen ninety four. District atttorney Charles Sebesta's star witness was Robert Carter? I would have hated to have had to gone to the jury without Carter's testimony Carter was a problem witness. He was a liar. He had changed his story several times, sometimes implicating Graves? sometimes not. And so when he got on the stand Were you worried about what he would say? No. Why Because I told my attorney, I wanted him to testify I said because there's no way this man can look me in my face and lie on me I was trying to have faith in the fact that This guy would be honest. You know, because this is my life This is my life. So what did he say when he got up on the stand He laugh. He lagh He said, I did the crime with him Carter took the stand and said it was Graves who stabbed several victims to death, and Roy Ritter had to testify about the knife he gave Graves. I mean it very bad position to be put in. It was I was very torn you know, conft conflicted about it But They said it fit Perfectly. How did his testimony feel to you as opposed to the other testimony? Night betrayal N the trail Because he knows me. This man knew me, knew my family. my kids. And there were more damaging witnesses waiting to testify against Graves. Sebesta said he had found five people at the jail where Graves and Carter were held who told him they heard them talking about the murders. When you have five people who overhear conversations very damning conversations between Carter and Graves on what they did and what they've got to do. that in itself That's significant. That's very admissible. I probably could have done with one or two In a capital murder case, you want as much as you can We had tri Sebesta may have had corroborating witnesses, but Anthony had alibi witnesses Where were you that night? I was in my mother's apartment with my brother, a lady friend and my sister Anthony's brother, Arthur Curry testified for him and has never changed his story My brother never left the house that night. neverever. He never, ever left And never is never he never left the house that night Anthony's girlfriend, anotherother alibi witness was set to take the stand as well, but when the day came She unexpectedly refused The man who lost most of his family, Keith Davis had heard more than enough I've seen this guy hundreds of times in court. When you looked at Anthony Graves, what did you see a murderer. It was though he had horns like a devil. He looked like an evil person to me at the time And the jury agreed. Anthony Graves was convicted of six counts of capital murder, the sentence, death This is crazy, I go from my home We' supposed to be safe feele safe. And then I'm going a death roroat That' something I didn't even do. 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I carry myself in a dignified manner Wow me Out of all the people in the world, Wh me By two thousand two, Anthony Graves had spent eight years on Death row One more inmate who swore he was innocent as the state of Texas moved ever closer to executing him wereere you thinking about You're deaf Never thought about my death, thought about my life My children Mom. I just need to hold on to something, a good memory Anthony's optimism may have kept him going on death row, but for his family, as the years passed, it was getting harder to keep hope alive. I couldn't see a light at the end of the tunel. and just too even fathom him being put to death, that would be the ultimate nail in all of our caskets They killed him for nothing. Robert Carter was executed and Graves kept losing his appeals. He was running out of chances when his case caught the attention of the Innocence Network, which sent the case to Nicole Cazarez's journalism class at Houston's University of Staint Thomas We weren't out to prove anyone innocent. That was not our goal. Our goal was just to find out the truth. Did you have any faith in them? I mean, did you think they could help you? Yeah. because being exonerated by the public meant just as much to me as being exonerated by the courts. I wanted people to know that my mother didn't raise a murerer I mother raised a good son That meant something to me It didn't take long for the students and their professor to realize the case against Anthony Graves had serious problems beginning with the star witness. I think one of the first things that we noticed was that Robert Carter had recanted his testimony against Anthony right before he was executed. And that's Very unusual In May of two thousand, while strapped to the gurney in the Texas Dath Chamber Robert Carter took sole responsibility for the murders. It was me and me alone, he said Anthony Graves had nothing to do with it. I lied on him in court. And I think it's really important to listen to someone's essentially dying words. If there's ever a time when someone might be telling the truth, I would think that might be it. In fact, for years before his execution, Robert Carter said to anyone who would listen that Anthony had nothing to do with the crimes. He even said the only reason he named Graves as his accomplice was because he saw him on the street before he was arrested en grave st not very for before . . This is Robert Carter in a nineteen ninety seven statement. In it, he says he told Sebesta the same thing He swears he said that to Sebesta just hours before he took the stand in Graves' trial. I told therict attorney investig czes anything had nothing to do with these words Besta didn't believe him. Carter went on to testify against Graves anyway because he said he felt pressured by the DA Without Robert Carter's testimony, the state didn't have a case Except defense lawyers say Sebesta never told them that Carter had just recanted. as Sebesta was required to do by law Imagine that you're Anthony's attorney and you are Facing Robert Carter on cross examination, how meaningful would it have been for you to be able to say, mister Carter, isn't it true that just five minutes ago? you said Anthony Graves had nothing to do with this? What would Robert Carter have said? Would he have cracked? Would he he have have taken back his testimony? We'll never know Sebesta has long insisted he told the defense what Carter said His response was that what is that is eighth or ninth story Graves's attorney denies that. While the lawyers spent years arguing before appellate courts about what Sebesta did or did not tell the defense, The students were gathering new evidence on the off chance that Graves might get a new trial. We did weekend trips and we would take two cars and We would have a list of people and places that we were going to go And the amateur investigators were uncovering troubling evidence Especially about those jailhouse witnesses whose Sebesta said overheard incriminating statements from graves from nearby cells and over the intercom It was Texas summer, so there were large fans running. One of the intercoms was actually ripped out of the wall and it was just wires. Meghgan Bingham is one of the students That maybe this intercom system wasn't all that fantastic. You know, what could you hear? Was it actually working? They were working Some of the intercoms and some of the celles were not working I don't know which ones, but I do know that at least one of those intercoms on one and two or whatever cells they were in, was working. How do you know that? Because I was told thises by law enforcement Nicole and the students also tracked down and met with Graves's former girlfriend, the one who could have provided him an alibi if she had taken the stand. She said she was very sorry that she hadn't testified at Anthony's original trial. So why didn't the girlfriend testify Right before she was supposed to take the stand, DA Charles Sebesta said in open court she was a suspect in the case and might be indicted. even though investigators had nothing on her So couldn't that be read though as sort of a coi ploy, if you will, to scare away a woman who could very well alibi your defendant had absolutely nothing to do with that. She fled in fear and in tears She said, they put him in jail on nothing. What's to stop them from putting me in jail on nothing After a four year investigation talking to more than one hundred witnesses, Nicole Cazarez and her students turned over their findings to Graves' lawyers to help with his appeals Anthony Graves is innocent. Anthony Graves is innocent. Anthony Graves is an innocent man But Anthony Graves remained behind bars on death row until march two thousand six, about twelve years after he was found guilty. Then he got his first big break. A federal appeals court, one of the toughest in the country passed out his conviction pp my fist and I was like, Yes God is good. Yes, I knew it is case was overtoneed. Some bad has seemed true. District attorney's office. The court's skewer, Charles Sebesta called his behavior egregious for among other things, intentionally withholding evidence that could have helped Graves, most notably Carter had recanted right before he testified Definitely agree But even after the court's decision, Anthony was not a free man. Sebesta had retired, but the new DA said he would try graves again So Anthony walked out of death row and into the county jail, where he sat waiting for his next trial F years And you can't believe that it could actually happen in real life But it did This time around, Graves has a season defense team appointed by the judge, Katherine Scardino and Jimmy Phillips Assisted by Nicole Cazarez We don't know what we'd do without her. I mean, she's like our our graves enncyclopedia. The lawyers will have to be on their toes because this is their opponent. Kelly Siegler Widely regarded as the toughest prosecutor in Texas. What does that say about David T? He's been appointed to handle the Graves case. 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Here's what I've learned in midlife Joy isn't the reward you earn after all the work is done. Joy is the work. That's what this new series on For the Love is all about. The sacred yes. It's choosing delight, rest, and pleasure on purpose because saying yes to yourself, that's the thing that finally lets you fill your table with everybody else. Come find your sacred yes with me. Follow and listen to For the Love wherever you get your podcasts I would say this is one of the worst capital murder cases that anyone could ever talk about or deal with. Kelly Siegler should know she sent nineteen men to death row You will hear from the evidence in this case. So in february twenty ten, she was ready, willing, and eager to make it an even twenty when she was appointed to retry Anthony Graves Did that scare you that she was coming after you? No. Why not? I was standing up for what was right So it' make no difference who was on the case The fact that I was innon wasn't going to change By the fall of twenty ten, Pam Koloff's investigation of the case had produced one of the longest articles in the history of Texas Monthly Magazine There were so many things about this case that fascinated me, beginning with how weak the evidence was. I wanted to understand how someone could be sent to death row on so little evidence. Of course, making Graves's case in print is a lot easier than making it in court trial date approaching. Kelly Siegler circling, defense attorneys Katherine Scardino and Jimmy Phillips were feeling the pressure you make a mistake in a death penalty case, And it's over. They chose to hire a good prosecutor. We're going to have to work hard and be doubly triplely prepared. Kelly is a formidable opponent Siegler has beaten most of the best lawyers in Texas, and now she asked for a meeting with the Graves team Why did she want to meet with us? Was she trying to get information from us? Was she trying to learn what our trial strategy was? I didn't really know what to make of it Siegler met with the Graves lawyers around this table, and she asked a lot of questions, but the defense team could not have imagined why The prosecutor, with her nineteen inz record on death penalty cases was having serious problems with the case against Anthony Graves. I read every page of every document in twenty five boxes. and at some point it switched from getting ready to go to trial to can we go to trial to, Ohh my God, what happened here Siegler and her investigator, Otto Hannck soon realized Nicole and her students were right on target. Every single time we would reinvestigate or retalk to a witness that they had talked to, we would find that they were right. One by one, the pillars of the prosecution's case Crumble We tried to find paperwork, people, anything that we could, especially a motive to say Anthony Graves committed the capital murder with Robert Carter, and we found nothing Otto Hannock tried to confirm the testimony from Sebesta's jailhouse witnesses. We can't find anybody that could positively say in court or in this room that I heard Anthony Graves say this I heard Robert Carter say this He looked into Roy Ritter's knife. The blade is flimsy. And according to Hanck, a knife this flimsy could not have caused the kind of wounds to the skulls that were found on some victims. I personally do not believe that that blade is strong enough, nor is this knife made well enough. to go through human skulls It's a switch blade knife. They're made pretty sturdy DA Charles Sebesta had argued Graves's identical knife had inflicted sixty six stab wounds the night of the murder There's no doubt that that knife could have survived that. We had Texas Ranger testimony that it could have done it But Hanock, who is a former Texas Ranger himself, believes the knife would have left its mark on the killer. When you get down to the tenth, eleventh, twelfth stab wound, the knife becomes very slippery becomes very bloody person that inflicted those wounds It' also going to have an injury themselves And did Anthony Graves have any injuries on his hands? Not at all. Did Robert Carter have any injuries on his hands? No. What does that tell you? tells me that this is not the knife that caused those injuries Siegler thought any new case against Graves would have to be built almost solely on Robert Carter's testimony. But that was before she found out how Charles Sebesta got that testimony from his star witness He made a deal with mister Carter. And what a deal he made. Sebesta had a powerful card to play. Carter's wife, Teresa Shortly after the killings, Sebesta had also indicted her for capital murder She had given conflicting statements about his burns. There were a number of things that she did deeal Sebesta made He would not question Carter about his wife on the stand if he testified against Graves How does a prosecutor, I should say, how does an ethical prosecutor put a witness on the stand, your main piece of evidence in a death penalty case and say, okay, you get up there and talk about what you did and what Grave did, but I'm not going to ask you about your wife. You can't do that. Why in the world would you agree not to ask them about her Well I needed his testimony And Sebesta points out the deal was approved by a judge and the defense never questioned it. G I put on the record. I did put on the record The indictment against Carter's wife was later dismissed due to a lack of evidence And Siegler never bought into Sebesta's theory that there had to be multiple killers. We appreciated the fact that you didn't have to have three killers because five of the people killed were children. Some little babies asleep in their bed How hard is it for a grown man to stab little babies asleep in their bed All the evidence, Sieler says points to Robert Carter Not Anthony Graves There must have been a moment when you concluded, Gee, whiz, this guy's innocent. Not just not guilty, but innocent. It wasn't even a difficult decision It was pretty clear. And by innocent, you mean he wasn't there. He had nothing to do with it. Nothing. He had never even been in town. No motive, no reason, no connection, nothing Never in a million years would I have predicted that this would be the outcome of this case, particularly with Kelly Siegler as prosecutor. Oh my God, what happened in Anthony Grave's trial? At this time of year, I want more energy, not more steps in my wellness routines. 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To max out your lounging this summer, the Phantom power reclining sofa packs built in cup holders, charging ports, and bobopedic cushions into a compact footprint. For quality furniture and everyday low prices, shop Bobs. It's where America shops for furniture On an autumn afternoon in the Burlison County, Texas Jail Anthony Graves was summoned unexpectedly out of his cell. I was sitting writing a letter They come get me and say, put your shirt on. and walked me up to the front of the jam Nicole Cazarez and Jimmy Phillips, members of his legal team were there to see him With a message he'd waited to hear for eighteen years The murder charges been dropped Both of us could barely so emotional And she says Anthony Sottish g. And even shes just saying. You're free, man. can You can leave right now. It's over Anthony. He And on october twenty seventh, twenty ten, the man known as inmate number nine nine nine one two seven got his good name back Anthony Graves, carrying all of his belongings and looking a little dazed, Walked out of jail into the warm Texas sun. Unie