[TXCharlie]

http://www.familybadge.org/index.cfm/MenuItemID/112.htm
May 5, 2007, 12:01AM

Exhibits used in '94 trial is spotted in a closed cell just before a deadline, his attorneys say

By HARVEY RICE
Copyright 2007 Houston Chronicle

Evidence missing in the capital murder retrial of former death row inmate Anthony Graves was discovered in a cell that had been welded shut in the old Burleson County Jail, defense attorneys said Friday.



The evidence used in Graves' 1994 trial went missing and was found in the old jail cell just before a May 1 deadline set by Burleson County District Judge Reva Towslee-Corbett, defense attorney Jeff Blackburn said.

"All that stuff was just thrown in there," said Blackburn, one of four attorneys representing Graves, 41, for free because they believe he is innocent. Prosecutors are seeking the death penalty again.

Phone conversation

Blackburn said he learned of the discovered evidence through a phone conversation Friday with special prosecutor Patrick Batchelor.
Batchelor did not respond to a request for comment, but Blackburn said the evidence in the old jail, which is now used by the Department of Public Safety, was discovered very close to the deadline.

He said the evidence could be seen in the cell, but officials were unable to pry it open until Wednesday or Thursday.

Blackburn said skull caps of the victims were among the evidence discovered, but he was awaiting the completion of an inventory to know exactly what had been found.

"It's certainly important for us in the sense that we are eager to have it tested because I am confident it is not going to implicate Anthony and it will shed light on who was responsible for this," said Nicole Casarez, one of Graves' attorneys.

Six slain in 1992

The evidence was collected following the 1992 slaying of Bobbie Joyce Davis, 45; her 16-year-old daughter, Nicole; and four grandchildren between 4 and 9 years old.

Evidence included clothing worn by the victims and Graves; hair, fiber and blood samples; the skull caps, and several knives used in a demonstration during the 1994 trial to show how they might have pierced the victims' skulls.

The victims were stabbed, shot and bludgeoned with a hammer and the house doused with gasoline and set ablaze. The knife was never found.

False testimony

A federal appeals court last year ordered a new trial for Graves after he found that prosecutors withheld evidence and elicited false testimony during the trial from Texas Ranger Ray Coffman, now chief Texas Ranger.

Robert Carter, executed for the slayings in 2000, recanted his testimony against Graves several times.

Moments before his execution, Carter vouched for Graves' innocence.

[gozling]

what a MESS!!!!

[Ducky]

Gozzy, that's as accurate as any statement can be. And if I may add a WTF???

[gozling]

i would love to see the property receipt chain of command on this one LOL

[BigDawg]

Goz, something tells me there wont be much of a chain of custody sheet, if any.

[countybear]

Somehow, "oops" just doesn't seem enough here, eh?

[Andrewtx]

What the hell?

[Standard Dave]

I guess someone thought it would be a nice safe place to put old exhibits and unused material and after all no one else got there hands on it

[TXCharlie]

Yeah, it can't get more screwed up than that - Withholding evidence, false testimony, perhaps no chain of custody (which if so means all the evidence will be excluded).

I hope whoever welded the cell shut signed the custody form, and it's a solid wall cell, not one with bars!!! - Otherwise I'm sure the defense will argue that the spaces between the bars are large enough to add or remove evidence, however unlikely that would be.

[conalabu]

Probably some foolish blonde intern that has a day job and just comes in to file old case evidence.


Note-this is a particularly mean barb aimed at one specific person.