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  1. #1
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    Evidence missing in capital murder retrial found in old jail cell

    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.

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  2. #2
    gozling's Avatar
    gozling is offline the gene pool could use a little chlorine
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    what a MESS!!!!
    http://www.allpoetry.com/Grunts%20Girl

    We dallied under
    Vine maples and sapling alders
    Searched for lady slippers
    But instead
    Found blackberry riots and
    Desiccated branches

    An old skid road
    Brought ghost ferns and
    Hollows filled with
    Skunk cabbage
    While waves wrapped
    Intricate lacings of weeds
    'Round mule spinners

    His cyanotic eyes
    Were hard enough to make
    The sun turn tail and
    Tender enough to attract me
    To his world of illusion

  3. #3
    Ducky's Avatar
    Ducky is offline Enforcer General
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    Gozzy, that's as accurate as any statement can be. And if I may add a WTF???
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  4. #4
    gozling's Avatar
    gozling is offline the gene pool could use a little chlorine
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    i would love to see the property receipt chain of command on this one LOL
    http://www.allpoetry.com/Grunts%20Girl

    We dallied under
    Vine maples and sapling alders
    Searched for lady slippers
    But instead
    Found blackberry riots and
    Desiccated branches

    An old skid road
    Brought ghost ferns and
    Hollows filled with
    Skunk cabbage
    While waves wrapped
    Intricate lacings of weeds
    'Round mule spinners

    His cyanotic eyes
    Were hard enough to make
    The sun turn tail and
    Tender enough to attract me
    To his world of illusion

  5. #5
    BigDawg's Avatar
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    Goz, something tells me there wont be much of a chain of custody sheet, if any.
    "An Unarmed man can only flee from evil, and evil is not overcome by fleeing from it." Jeff Cooper


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  6. #6
    countybear's Avatar
    countybear is offline BDRT - Baby Daddy Removal Team
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    Somehow, "oops" just doesn't seem enough here, eh?

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  7. #7
    Andrewtx's Avatar
    Andrewtx is offline A little bit of soul
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    What the hell?

  8. #8
    Standard Dave's Avatar
    Standard Dave is offline Constable
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    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

  9. #9
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    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.

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  10. #10
    conalabu is offline Grasshopper
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    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.
    And Shepards we shall be,
    for thee, My Lord, for thee,
    Power hath descended forth from Thy hand,
    That our feet may swiftly carry out Thy Command.
    So we shall flow a river forth to Thee
    And teeming with souls will it ever be.
    In Nomine Patris, Et Filli, Et Spiritus Sancti.

 

 

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