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Watching The Cops
See other Watching The Cops Articles

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: 2289
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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#1. To: TooConservative (#0)

He should spend 7 times the amount of time in prison as they guy he railroaded.

That or put a bullet in the little bitches head.

7 times because that is the price of thievery. He stole the mans life.

If it was me I would prefer to put the bullet in the head of Charles Sebesta. What kind of name is Sebesta he doesn't even sound American.

A K A Stone  posted on  2016-02-10   8:30:26 ET  Reply   Trace   Private Reply  


#2. To: A K A Stone (#1)

It does show that prosecutors aren't entirely immune. But it seems to take quite a bit of wrongdoing for them to even get disbarred, let alone prosecuted for misconduct.

The states need independent boards to rein in these prosecutors or cops. You can't expect the regular criminal justice system to police itself.

Tooconservative  posted on  2016-02-10   8:33:25 ET  Reply   Trace   Private Reply  


#3. To: TooConservative (#2)

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;

That is why the prosecutor deserved death.

A K A Stone  posted on  2016-02-10   8:43:42 ET  Reply   Trace   Private Reply  


#4. To: A K A Stone (#3)

That is why the prosecutor deserved death.

I'd say he deserves prison time. A decade or so.

Tooconservative  posted on  2016-02-10   8:49:52 ET  Reply   Trace   Private Reply  


#5. To: TooConservative (#2)

" The states need independent boards to rein in these prosecutors or cops. You can't expect the regular criminal justice system to police itself. "

Agree !

Si vis pacem, para bellum

Those who beat their swords into plowshares will plow for those who don't

Rebellion to tyrants is obedience to God.

There are no Carthaginian terrorists.

President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood

Stoner  posted on  2016-02-10   8:58:56 ET  Reply   Trace   Private Reply  


#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   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   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   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   Trace   Private Reply  


#10. To: TooConservative (#9)

God's law is straightforward: the false witness is to be punished with the punishment that the accused faces. And God says that omitting to testify to things that one knows is the same thing as lying out loud.

Men's laws do not say so, but God's do.

Under God's law, this prosecutor should be put to death. He knowing concealed evidence while actively seeking the death of an accused. This is a death penalty offense.

Vicomte13  posted on  2016-02-10   11:33:04 ET  Reply   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   Trace   Private Reply  


#12. To: TooConservative (#0)

Why isn't he being charged with slavery and attempted murder? After all,he knowngly and willfully committed crimes that led to any innocent man spending more than a decade in prison,and all that time he had a death sentence hanging over his head.

Come to think of it,he should also be charged with torture.

ISLAM MEANS SUBMISSION!

Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)

American Indians had open borders. Look at how well that worked out for them.

sneakypete  posted on  2016-02-12   6:37:15 ET  Reply   Trace   Private Reply  


#13. To: sneakypete (#12)

Frankly, the public is lucky he even got disbarred for his misconduct in office, even in a capital case.

There is far less accountability than most people realize. Prosecutors (and professional administrators) get away with murder, every single day, in America. There are few checks on their conduct and it is even rarer that anyone calls them to account for their immoral and unethical behavior in office.

Again, this amounts to an argument for independent boards of review for misconduct by police and prosecutors. When they have such unlimited options for misbehavior with no accountability, we can't be surprised when they vastly exceed their authority and the legal profession's code of ethics and conduct. And they often break the rules, as in this case, by trying to pad a law-n-order resume so they can run for a more powerful political office. It is an inherent defect in the system, one that has not been addressed by the courts or by state/federal legislators.

Tooconservative  posted on  2016-02-12   6:44:11 ET  Reply   Trace   Private Reply  


#14. To: TooConservative (#13)

Frankly, the public is lucky he even got disbarred for his misconduct in office, even in a capital case.

I'm sure it must have happened,but I don't recall EVER hearing about a serving DA being disbarred before. That is such a steep hill to climb there has to be more there than we are seeing. Otherwise the incestuous relationship between the cops,judges,and courthouse lawyers and DA's would have nipped this in the bud and the disbarment would have never happened.

After all,this guy wasn't an assistant DA that was new to the job and handled misdemeanor cases. This was a guy that handled at least 3 death penalty cases in one year. He had experience and connections.

ISLAM MEANS SUBMISSION!

Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)

American Indians had open borders. Look at how well that worked out for them.

sneakypete  posted on  2016-02-12   7:39:03 ET  Reply   Trace   Private Reply  


#15. To: sneakypete, misterwhite (#14)

I'm sure it must have happened,but I don't recall EVER hearing about a serving DA being disbarred before.

Nifong in the Rutgers rugby case was disbarred and sued. He was disbarred and served a one-day sentence in jail.

He got off far too lightly, as the prosecutor in this case did.

Again, we need to fix the system and implement more accountability for police and prosecutors who have run amok, even against defendants they know to be innocent.

Tooconservative  posted on  2016-02-12   8:11:42 ET  Reply   Trace   Private Reply  


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