A small measure of justice

Maybe the name Charles Sebesta rings a bell. If not, maybe the name Anthony Graves will.

Mr. Sebesta was the prosecutor who withheld evidence at Mr. Graves' murder trial over 20 years ago. Mr. Graves spent 12 years on death row as a result of Mr. Sebesta's unethical and illegal conduct.

For all of the injustices our clients face, there are moments where justice does prevail. Sometimes it's a day late and a dollar short, but it prevails nonetheless. Yesterday was one of those days.

Yesterday Charles Sebesta was disbarred by the State Bar of Texas for his actions in prosecuting Anthony Graves. While Mr. Sebesta has lost his ticket to play, nothing can make up for the years Mr. Graves spent in prison for a crime he didn't commit. Nothing can make up for the years he lost and the moments he never got to experience.

But at least Mr. Sebesta is being held accountable.

  Sebesta Disbarment

Pointing the finger

Perhaps Mr. Charles Sebesta should read the Texas Disciplinary Rules of Professional Conduct if he can't understand why he's being criticized for his role in the wrongful conviction of Anthony Graves.

Rule 3.09 Special Responsibilities of a Prosecutor

The prosecutor in a criminal case shall:

(a) refrain from prosecuting or threatening to prosecute a charge that the prosecutor knows is not supported by probable cause; 

(b) refrain from conducting or assisting in a custodial interrogation of an accused unless the prosecutor has made reasonableefforts to be assured that the accused has been advised of any right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(c) not initiate or encourage efforts to obtain from an unrepresented accused a waiver of important pre-trial, trial or post-trial rights.

(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and

(e) exercise reasonable care to prevent persons employed or controlled by the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.07.

Regardless of whether Mr. Sebesta felt, or still feels, that Mr. Graves was guilty -- he was obligated to inform Mr. Graves' attorney of the fact that the only witness against Mr. Graves recanted his testimony the night before trial. He should also have disclosed the fact that he threatened to prosecute that witness' wife if he did recant.

Of course, this doesn't absolve current Washington and Burleson County District Attorney Bill Parham for his role in this cruel charade of justice. The 5th Circuit overturned Mr. Graves' conviction in 2006 and ordered a new trial. For the last four years, Mr. Graves has been incarcerated at the Burleson County Jail since he couldn't post a $1 million bond.

Mr. Parham and his team of prosecutors was well aware of Mr. Carter's recantation before trial, two weeks before his execution and in the death chamber, yet they chose to do nothing about it.

What's your excuse, Mr. Parham?

After 16 years, the state (finally) does the right thing

Anthony Graves is a free man once again. After spending 12 years on death row and the last four years in a Burleson County jail, Mr. Graves is free to wake up and go to sleep when he wants, to eat what he wants and to do what he wants.

Mr. Graves is a free man because the current Washington and Burleson County District Attorney realized it wasn't right to keep a man behind bars after the only witness against him recanted his testimony to prosecutors the night before trial. A trial that took place in 1994.

That's right. The original prosecutor, Charles Sebesta, knew before the trial ever commenced that he was suborning perjury from Robert Earl Carter, the actual killer. Two weeks before his execution in 2000, Mr. Carter signed a sworn statement saying that Mr. Graves had nothing to do with the murders. While he was strapped on the gurney in the death chamber, Mr. Carter once again stated that Mr. Graves had nothing to do with the murders.

And now, after holding Mr. Graves for four years pending a retrial, the District Attorney is ready to admit his office was wrong.

Mr. Graves was 26 when he was taken into custody and now he's 45. No amount of money can ever compensate him or his family for the 18 years that were taken away. No apology, no matter how profuse, can make up for the time that was stolen from him.

The prosecutors in this case are not to be honored as heroes. They were only doing what should have been done 16 years ago. There is no honor in that.

See also:

"Anthony Graves: Innocent and free 16 years after unfounded death sentence" Grits for Breakfast, Oct. 27, 2010

"Innocence lost" Texas Monthly, October 2010