Anthony Graves continues to await a new trial, after his conviction and death sentence were overturned due to prosecutorial misconduct more than two years ago. In today's Houston Chronicle, Harvey Rice reports, "Judge to allow dead witness's testimony."
A Burleson County district judge ruled Wednesday that the transcribed testimony of a dead witness will be allowed in the retrial of Anthony Graves, whose capital murder conviction was overturned for prosecutorial misconduct.
The ruling by state District Judge Reva Towslee-Corbett allows transcripts of the 1994 testimony by co-defendant Robert Carter to be used in Graves' July 7 trial. Carter and Graves were convicted in separate trials in the 1992 slaying of a woman, her daughter and her four grandchildren in Somerville. The victims were shot, stabbed and beaten with a hammer before the house was set afire.
Carter testified that he and Graves were the killers, and his testimony was instrumental in convicting Graves. But moments before Carter's execution in 2000, he said he lied. Carter also recanted his trial testimony in a deposition.
The 5th U.S. Circuit Court of Appeals overturned Graves' capital murder conviction in March 2006, ruling that the prosecution withheld evidence from the defense and elicited false testimony.
Students from the Texas Innocence Network say they have uncovered evidence showing that Graves is innocent.
Defense attorney Jimmy Phillips said the defense will appeal a refusal by Towslee-Corbett to cancel the trial and set Graves free because his attorneys will not be able to question Carter. Phillips said the trial date could be pushed back months if the state appeals court agrees to hear the appeal.
Earlier coverage of Anthony Graves' case is here.