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Title: Prosecutor Sent Innocent Man to Death Row. Now, Payback
Source: Newser
URL Source: http://www.newser.com/story/220295/ ... -to-death-row-now-payback.html
Published: Feb 9, 2016
Author: Jenn Gidman
Post Date: 2016-02-10 08:25:12 by Tooconservative
Keywords: None
Views: 2841
Comments: 15

(Newser) – A Texas man who spent nearly two decades in prison—12 of those years on death row, coming close to being executed twice—after being accused of setting a 1992 fire that killed six people was exonerated and freed in 2010, the victim of a wrongful conviction. But Anthony Graves didn't simply celebrate his freedom: He went after the prosecutor who put him behind bars, resulting in Charles Sebesta's disbarment by the state licensing board, Reuters reports. In response to Graves' original January 2014 complaint, the Texas State Bar had yanked Sebesta's law license last June, noting he had taken part in "prosecutorial misconduct," as the Dallas Morning News puts it. On Monday, a panel appointed by the Texas Supreme Court upheld that ruling, with the state Board of Disciplinary Appeals noting that Sebesta offered false testimony and hid evidence that could have helped free Graves.

That misconduct included not revealing to Graves' defense team that another man also convicted for the murders (and eventually executed for them) had confessed to Sebesta he acted alone; Sebesta also reportedly made false statements in court that scared Graves' alibi witness out of testifying. Sebesta had appealed on the grounds that disciplinary procedures against lawyers had been modified and would affect his disbarment, the Texas Tribune notes. In a telephone interview, Sebesta—who noted he was "concerned about the process" that led to his being disbarred—told Reuters that "we presented the evidence we had and felt like it was sufficient." One of Graves' lawyers, however, sees it differently. "[The board] found that Charles Sebesta's misconduct was so egregious that they characterized him as having 'unclean hands,'" he says. "That certainly is a fitting description." The board's decision is final. (There were more exonerations in the US in 2015 than ever before.)

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Begin Trace Mode for Comment # 11.

#6. To: TooConservative (#0)

Here's his side. Not that you're interested.

http://charlessebesta.net/what_really_happened-full-story/

misterwhite  posted on  2016-02-10   10:26:03 ET  Reply   Untrace   Trace   Private Reply  


#7. To: misterwhite (#6)

Here's his side. Not that you're interested.

Not really.

The prosecutor knew he didn't commit the killings and prosecuted him for the death penalty because he wouldn't take a plea deal.

That's pretty black and white. He wanted this guy to die despite not being the killer only because he wouldn't accept a plea bargain.

Tooconservative  posted on  2016-02-10   10:56:35 ET  Reply   Untrace   Trace   Private Reply  


#8. To: TooConservative (#7)

"The prosecutor knew he didn't commit the killings and prosecuted him for the death penalty because he wouldn't take a plea deal."

The prosecutor just picked Graves at random and charged him with the murder? Sorry, no. Carter gave him up.

It was Robert Carter who refused the plea deal to testify against Graves.

misterwhite  posted on  2016-02-10   11:11:00 ET  Reply   Untrace   Trace   Private Reply  


#9. To: misterwhite (#8)

It was Robert Carter who refused the plea deal to testify against Graves.

The key point is that that does not justify the death penalty, especially when the prosecutor had strong reason to believe Carter did not commit the killings himself. It was concealing that from Carter's defense team that got him disbarred.

He tried to railroad Carter into a death penalty because he wouldn't take the offered plea deal. And nearly succeeded despite his knowledge that Carter did not qualify for an execution.

The disbarred prosecutor should be charged with attempted murder but that ain't gonna happen.

Tooconservative  posted on  2016-02-10   11:28:51 ET  Reply   Untrace   Trace   Private Reply  


#11. To: TooConservative (#9)

"especially when the prosecutor had strong reason to believe Carter did not commit the killings himself."

Carter initially confessed and implicated Graves and "Red". He later changed his story numerous times. The evidence was presented to a jury, and the jury found he and Graves guilty beyond a reasonable doubt.

"It was concealing that from Carter's defense team that got him disbarred."

On one occasion out of many, Cater proclaimed Graves innocent and Graves' defense team claimed th t th they weren't they weren't notified. The prosecutor said he did.

So, know that Graves was released on a technicality. Carter was executed.

misterwhite  posted on  2016-02-10   12:04:47 ET  Reply   Untrace   Trace   Private Reply  


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