Innocence Lost
Since August 23, 1992, Anthony Graves has been behind bars for the gruesome murder of a family in Somerville. There was no clear motive, no physical evidence connecting him to the crime, and the only witness against him recanted, declaring again and again before his death, in 2000, that Graves didn’t do it. If he didn’t, the truth will come out. Won’t it?
46 comments
Thursday, June 21st, 2012, 12:38 pm
Mary Cavallo says:
I watched the story of Anthony Graves on the web site and it was very upsetting to know just how unjust our justice system really is. What upset me even more is the fact that my grandson’s grandfather has been in prison for 18 years for a murder that he did not commit. No one in the state of Texas seems to want to help him because there was no DNA or weapon found. He was sentenced to life on circumstantial evidnce alone. There was blantant collusion and illegally withheld exculpatory evidence that would have proven his innocence. If the only people that have DNA are the only ones the system cares to try and help; what does that say about our country or justice system on the whole. If there is some one out there that cares, please let me know. I have sent a letter and this man’s book to TM and Pamela Colloff because I feel like she really cares. I pray some one will take the time to read it. His name is Robert Midkiff and he is incarcerated at the Hughes Unit in Gatesville Texas.His# is 738842. If anyone is listening,Please help him! I am very grateful and happy that someone took an interest in Anthony Graves when they did. If people were listening years ago, it may not have taken soo long for him to obtain his freedom. God Bless the ones that truly care! Mary Cavallo
Thursday, June 2nd, 2011, 7:25 pm
Guadalupe Cardona says:
Hello,
I feel that our system is failing us as people of the United States of America. I believe that our police system continues to have a lot of coruption and we need to make huge changes.It is unacceptable for any individual who didn’t do a the crime to be wrongfully incarcerated and waste his life away. Nobody in his situation would like to experience his travesty and injustice. I have compassion and send my best warm regards to this gentleman. I pray there is no one else in his situation in our prison system. I have to question our prison system and there continues failer to our minority community. I will not be surprised if this was a racial profile case. Our system is based only for a few. Those small few are able to afford lawyers and have power.Even worse, once convicted of a crime. Its difficult for anyone to believe you are innocent of a crime. You are labeled for life. This system is a disgrace to our country and our future generation.
It is not for the best intention for the poor and
uneducated, but a tyrant of a system that is a suppresser of all it’s people. I hope our leaders in power have any compassion and start making serious changes to our correctional system. That includes our court system,district attorneys, Police, Media,Prosecutors, Judges, and our judicial system. This country has always been based on oppressing the poor and uneducated and it must stop. I am often ashamed to be an American. I am glad to see Obama might be the hero we need. I hope anywayz.. Lets keep our fingers crossed and I mean lets pray he is doing good for the people.. We need change. Good Change...
Wednesday, May 11th, 2011, 9:00 pm
kitty says:
I wholly feel it certainly is a travesty of injustice for this individual, who should be fully compensated for his wrongful incarceration all those years even if it won’t amount to much anything in bringing him back the erroneous time spent behind bars, time lost with his family & children who don’t really know him anymore. I also feel the prosecutor should personally be held criminally liable in this case, who knows how many other innocent individuals he has lied about & done the same to over the course of service years. He, as an apparent racist, doesn’t deserve to be paid retirement at our expense, it is totally unfair for all tax paying citizens.
Tuesday, April 26th, 2011, 9:56 pm
Frans says:
Its sad but true on the way the judicial system works sometimes. Being a minority in Washington Co is hard because If your not well with money then your basically screwed. Ive seen so much prejudice in the county that his story is not so hard to believe. My prayers go out to the victim’’s family and to Anthony’s family. God Bless you all.
Sunday, April 24th, 2011, 1:48 am
usaflagflyngal says:
The Prosecutor should be sued for violation of Anthony’s rights and disbarred in front of the nation, as an example of what happens to law enforcement that perpetrates this kind of failure and malice. The State of Texas MUST pay Anthony for his losses. I hate to say it but I think that this Prosecutor was using a bias attitude in the case. A race card should NOT ever be used in Court of Law. I am sure glad that I was not on that jury. Right about now I would be feeling pretty unhappy that I was taken down the garden path by the Prosecutor. TEXAS, PAY UP AND DISBAR THE JERK!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Sunday, April 24th, 2011, 1:19 am
Jan says:
My God ! This is an incredible injustice to not only Mr. Graves and his family, but the family of the victims as well. And the question is, should he be compensated ? Have you lost your minds ? Of course he should be, as well as the family of the victims. The day Mr. Graves was found guilty was the day those victims lost their voice.
Thursday, February 17th, 2011, 3:08 pm
Gerald says:
My prayers go out to the survivors of the victims, Mr. Graves, and Kerry Max Cook, who also suffered wrongful incarceration. It was Mr. Cook who alerted TV producers about Mr. Graves. Thank God that prosecutor Sebesta had a loose tongue in Front of the TV cameras or Mr. Graves may well have been in a grave right now.
Thursday, February 17th, 2011, 2:09 pm
brian smith says:
Reading this story made me sick to my stomach. to Disguisted I say this.... the POLICE and JUDGES are not our friends. what happened to innocent til proven guilty??? Why does America have the highest percentage of it’s population incarcerated compared to the rest of the world?? BTW.....legalize marijuana and stop locking people up over a natural plant!!
Thursday, February 17th, 2011, 1:22 pm
Jerre George says:
I’ve always had a feeling that the term "Texas Justice" was an oxymoron. After reading this story, I now know that I was right.
Thursday, February 17th, 2011, 12:45 pm
Gerald says:
I hope Mr. Graves can sell the rights of his astonishing ordeal, as well as get a percentage of gross profits it may generate. His plight should be on the big screen throughout the U.S.
Thursday, February 17th, 2011, 12:27 pm
Justice says:
Shame on Texas!
Thursday, February 17th, 2011, 11:51 am
Disguisted says:
For all you narrow-minded people who want to bash Texas, if you think that this happens only in Texas, think again! I live in Texas and work for the local District Attorney and I have worked for the prison system and have good and bad opinions about both. Clearly the system failed this man, but no amount of money (even though he deserves every penny of it)will give him back the years of freedom that was taken from him. I personally think all the prosecutors and law enforcement should be held accountable.
Thursday, February 17th, 2011, 11:29 am
Anthony says:
All of you need to wake up an realize that life is not one big fun time and fair for all, for crying out loud! The poor man in this case deserves the money he is owed, the Rangers and prosecutors should absolutely be held accountable both civilly and legally. However, what about the hundreds of thousands of CORRECT CONVICTIONS that keep your lives more safe?? You people are so quick to publish your views about the bad, make the world better and find the good in things, then write about that! What about all the good law enforcement does, and for you cowards who openly criticize your military, there will be a special place for you at your day of judgment!! Until you have walked their shoes, which I am 100% you have not, keep you uneducated mouth shut about what you know nothing about!
Thursday, February 17th, 2011, 11:08 am
miller helen says:
when are the law officers going to get some brains how stupid can they be? every one involed in this case should be in jail them selevs, this shows that the texas rangers are not that great, where did they get there training from a chacker jacks box
Thursday, February 17th, 2011, 10:48 am
Jason says:
Why is the prosecutor not in jail?
Thursday, February 17th, 2011, 4:07 am
Ross says:
Cowboy country. Do americans spend their days asking themself "Do I feel lucky?" It seems life is cheap for americans. Is that why Americans can also kill Afghans, Pakistanis and Iraqis so easily?
Thursday, February 17th, 2011, 3:57 am
Vicki says:
"Thou shalt not bear false witness against thy neighbor." All those who committed this sin against Mr. Graves had better hope they are forgiven their trespasses. I used to flip-flop back and forth on the death penalty but I have finally decided I am firmly against it. If a person is truly innocent, he will be alive to be released if and when the truth comes to light. If the person is guilty, there is the possibility they will feel genuine remorse for their crime and be able to repent and make peace with God before they die. No matter how heinous the crime, anyone can be forgiven by our loving Father in Heaven. He alone knows what is in their heart.
May God bless you Mr. Graves and bring you peace and forgiveness for those who have born false witness against you. There truly is evil in this world.
Thursday, February 17th, 2011, 3:52 am
Randall says:
Convicting a man solely on WEAK circumstantial evidence and the testimony of the prime suspect, who by the way is trying to keep his wife out of jail? ARE YOU KIDDING ME? I’m sorry, but the Prosecutors have NO excuse for this failure! This man deserves full compensation. Furthermore, everyone involved in the sentencing of this poor man needs to go to jail. Their negligence is criminal.
Thursday, February 17th, 2011, 2:36 am
justice says:
i agree that this man should get his compensation for the awful thing that happened to him. i like the idea that all of those that were involved in his wrongful conviction should have to pay Mr.graves the money that he should be getting for spending eighteen long years in prison for a crime he had nothing to do with.
as for getting rid of the death penalty i am sorry but they shouldn’t get rid of it. i am not saying that every single person that gets convicted of murder should be put to death. but if there is NO DOUBT OF THE DEFENDANTS GUILT and you have a confession (not one forced my the police) and a living witness and the crime that was committed was brutal then the person(s) who were involved in the killings should be put to death. now before everyone starts saying that i am wrong. please make sure you read the conditions i wrote that would put someone on death row.
Thursday, February 17th, 2011, 2:17 am
Gary says:
This is amazing to me! I’m glad he was finally released but now he’s not getting the compensation due?! Man, this guy’s had a string of bad luck - understatement!
Thursday, February 17th, 2011, 2:00 am
Nafisa2056@livecom says:
Amen to all comments>especially @ Bob’s. You said it in a nutshell. And another statement that hit home was "It could happen to any of us at any given time">>and Be afraid when dealing with the law>because there are some scary, unethical, power driven bastards>>who are the true criminals>and the ones who should be locked up>>and who are not to be underestimated.
Thursday, February 17th, 2011, 1:51 am
N. B. Leonard says:
As an Englishman, I have read the story of Anthony Graves twice this morning and am horrified at a justice system that play’s like Russian Roulette.
It appears to me that an innocent man can be manipulated by the whole system into becoming a vicious murderer.
It seems that the DA in his original trial was prepared to do whatever it took to get a conviction and the ultimate sentence and the system just went along with this.
Grave’s feelings of abject helplessness comes through load and clear.
As the leader of the free world and an exponent of the death penalty the USA surely have a God giving obligation to refine its Justice system to ensure that such a miscarriage of justice is never allowed to happen again.
Whilst a lot of us in the UK are in favour of the death penalty for murder, non of us would wish to see an innocent party having their life ended.
This story is deeply disturbing and does no credit at all to the US Justice system.
I’m horrified at the whole scenario and wish Mr Graves a long & happy life along with the massive compensation he should receive.
Thursday, February 17th, 2011, 1:11 am
matthew braswell says:
I think it only fair that all the legal beagles involved in this case should stand trial for what they have done to this man and it should be a capital trial at that. What a miscarriage of justice. We should all be scared out of our wits when we come in contact with the law, this could happen to any one of us
Wednesday, February 16th, 2011, 9:56 pm
Bob says:
The "Texas has a lot going for it as a state, and the "hang-’em-high" mentality is gradually fading into the Hollywood myth from which it sprang. Thank California for that." Who do you think you are kidding? 20 years for possession of a single joint?
The 911 call of the old guy telling the operator he was going to shot a burglar at the neighbors, then comes back to tell the operator he did shot the guy, then the not guilty verdict? or how about "W" telling the world "he never killed an innocent person" as Governor, or the 11 that were later shown to be innocent through DNA evidence? I could go on and on. Texas has a whole load off stuff wrong with it, and the legal system is just part of it. Pull your head out of the sand, take the blinders off and Stop blaming everybody else. Get to work on actually fixing stuff! Vote the killer judges off the bench, and hold your Guilty verdict come hell or high water D.A.’s accountable! Stop blaming everybody else and fix the train wreck of a Judicial "System".
Wednesday, February 16th, 2011, 9:47 pm
DARLA says:
I am ashamed of the judical system these days. There are wrongful people commited all over the united states and thats is wrong. I know that there are people that are horrible and need to be in jail but do the job right and then maybe there wont be any more wrongful convictions. A man in jail that long for something he didn’t do is wrong and that man should get money back no and’s or but’s about it. There also shouldn’t be a gliche in it either. He deserves the money then he should get it. Take it out of everyone who didn’t do their job right in the first place. Good luck Mr. Graves. All the power to you.
Monday, November 29th, 2010, 8:19 pm
Sr. Elizabeth Riebschlaeger says:
To Heather:
Not all Texans are for the death penalty, and many Texans were behind the exonerations that have taken place. Many Texans are working to abolish the death penalty and to reform the system. Progress is taking place, and much of that is due to the fact that many of these same Texans are informing fellow Texans of the truth behind the exonerations and the death penalty.
Texas has a lot going for it as a state, and the "hang-’em-high" mentality is gradually fading into the Hollywood myth from which it sprang. Thank California for that.
Tuesday, November 16th, 2010, 10:37 am
Heather says:
To Frank:
Travesties like this happen QUITE often in Hang-em-High Texas, where apparently you execute first and ask questions later. Just ask Randall Dale Adams, or any of the myriad prisoners who have been freed from Texas prisons by the Innocence Project. Texans DO NOT CARE about truth or justice so long as they get to satisfy their bloodlust with an execution.
I am extremely glad I do not live in Texas. My only wish is that we could somehow give Texas back to Mexico. Texas’ absence from the United States would make this country that much more enjoyable in which to live.
Saturday, November 13th, 2010, 7:37 am
Frank says:
A well done article Ms. Pamela Colloff. While I am a proponent of the death sentence I do believe that it should require some physical evidence. People’s motives and memories are just to unreliable or worse, self serving to be the only source of evidence to sentence another to die, IMHO. Too many DA’s think it is their job to get justice when in fact their job is to get to the truth. Regardless of where that goes. To all of those folks who are thankful that they don’t live in Texas, I’m thankful too. Your absence from Texas makes this place that much more enjoyable to live.
Wednesday, November 10th, 2010, 8:30 pm
says:
thank god I don’t live in texas(small case letters for a state with little ethics) I feel sorry for blacks who have to suffer what is obviously bigoted justice in texas. My state may not be perfect but at least it’s not texas.
Thursday, November 4th, 2010, 10:27 pm
MZ. Brown says:
Things of this sort happen in Texas everyday. I challenge you to spend time in a court room. I have witnessed a Dallas County DA and Judge in action. Telling families it will all be alright, trust them. Only to find out that justice is not what is seeked, only convictions, making names for themselves and clearing dockets.I hit home, ha, Mrs. Monica Ward, assistant DA, and Judge Tracy Holmes?.When does Justice start and injustice stop, allowing the court officials to call it LAW??
Friday, October 1st, 2010, 7:10 am
MR. Daniel M. Kowalski says:
This should have been the cover article. Who cares about something as trivial as a television show about football? Oh, wait...the advertisers.
Sunday, September 26th, 2010, 9:07 pm
Pat Barrios says:
Oh and one more thing - to the anonymous woman who would not come forward to free this man from death because it might damage her reputation - SHAME ON YOU!!!!
Sunday, September 26th, 2010, 9:03 pm
Pat Barrios says:
I spent Sunday morning in bed reading this story and crying my eyes out. I read with horror how one person can lie and weave a story that would envelope a seemingly innocent man, such an incredulous story at that. I will never forget the story of Anthony Graves and I pray his conviction is overturned. He can never get back his life and it made me feel so shameful for feeling sorry for the trivial things in my life I stress over. God bless and watch over you Anthony Graves. Thank you for this story.
Saturday, September 25th, 2010, 9:36 pm
Jordan says:
I feel like I was just punched in the gut! Ms. Colloff’s article was extremely thorough in pointing out the many mistakes (at best) and deceptions (at worst) that have occurred in this case. I hope his retrial receives national attention and that the individuals responsible for keeping Mr. Graves imprisoned for the past 17 years are held accountable. This is not the first example of injustice in the Texas legal system, but hopefully those of us who have read this article will speak up and make sure it is the last.
Saturday, September 25th, 2010, 4:00 pm
Chris says:
I feel like I’ve just read a most astonishing mini novel, yet it is all testimony in evidence. When the lawyers legislate which lines can be crossed, or not, this is what you get...injustice. It’s not just Texas. Go get ’em Scardino & Phillips. The world will be watching now. It is most interesting to note that to a wealthy defense attorney, even if he thinks you are innocent, your life is only worth $150-200K. Good to know. Fantastic writing, Ms. Colloff.
Friday, September 24th, 2010, 9:09 pm
Kerry Cook says:
Hats off to Texas Monthly’s Pamela Colloff for a phenomenal story in the case of Anthony Graves.
My name is Kerry Max Cook. I authored the Memoir, CHASING JUSTICE: My Story of Freeing Myself After Two Decades on Death Row for a Crime I Didn’t Commit.
There are two things I will never forget in Cook v. State. One, that sweltering summer day in 1978 when I was dropped into Texas Death Row at 20 years old to begin serving the first of what became 8,035 days - - or 22 years - - of a wrongful conviction in an historical legal fight that became known as the worst example of documented police and prosecutorial misconduct in Texas history. The second thing I won’t ever forget is that day I opened up my first law book from a death row cell and read: "....It shall be the primary duty of the District Attorney’s Office to not merely seek to convict, but to see that justice is served...."
In the spirit of that sacred cornerstone of American law designed to protect the innocent, I hope justice can be reached in the case of Anthony Graves.
Thursday, September 23rd, 2010, 1:07 pm
eric says:
The DA was very sloppy in this case. They never checked Mr. graves clothing or anything. You convict a man on what another man says without any evidence. I wonder if Mr graves was White would he be treated this way. 18 years is a long time for an innocence man to be behind bars. Sebesta is retired and sitting back with I dont give a shit attitude. This is totally wrong and unfair,even a 5 year old could see that. This would make a great movie.
Thursday, September 23rd, 2010, 12:59 am
Tony C. says:
Riveting stuff. Well researched, well planned, well written.
Wednesday, September 22nd, 2010, 9:37 pm
Ann Allega says:
Amazing story and I heard it was one of the longest you’ve ever published. It took me an entire pedicure and a grocery trip (reading in the car) to finish it. Compelling and utterly unbelievable. It is such a shame that true and honest facts cannot come out in trial for various reasons, among them people unwilling to testify. I believe this man is innocent and I pray that he can hug his family soon and live out the rest of his life in peace. I used to be for the death penalty but after reading another book about how many folks actually get executed and are innocent, I don’t think I am for it any longer. May he find justice soon. Fantastic story and kudos to the writer for what must have been a huge amount of research. The story should win an award.
Wednesday, September 22nd, 2010, 9:26 pm
says:
Pamala Colloff. Very thorough column.
Wednesday, September 22nd, 2010, 8:59 pm
Wayne Weaver says:
I’m also very glad I don’t live in Texas. What I don’t understand is why what Sebesta did is not a crime. He threatened Graves’ sister; withheld information from the defence;and made Carter name two other people after he admited that he acted alone and the Rangers are just as guilty as Sebesta. Both Rangers and Sebesta should be in jail.
Tuesday, September 21st, 2010, 8:45 pm
normanx says:
Wow. Do people in Texas just shrug their shoulders and allow this sort of thing to go on? I suppose it would be one thing if there was any evidence whatsoever that Mr. Graves was connected to this horrible crime... but really, there is nothing... nothing.. except the cold blooded ineptitude of the Texas Rangers and the county prosecution. I’m so very glad I don’t live in Texas. Amazing.
Sunday, September 19th, 2010, 9:50 am
Dave says:
The day will come when the corruption in the Washington/Burleson County DA’s office will be exposed for what it is and if you thought Mr.Sebesta was bad in being ranked the seventh worse prosecutor in the US, you have not seen anything yet.
Saturday, September 18th, 2010, 4:33 pm
Barry G says:
does anybody think that there may be a prejudice involved in this case to protect the legecy of the pass judge and da. the now judge is the dauther of the former judge and the retired da is still in the area and may have an influence on the case. and what about cookie, the wife of the confessed killer. HMMMM!!!!!!!!!!! the man is innocent, let him go. it is gods will, it will be done.
Saturday, September 18th, 2010, 12:23 pm
Warmhoneyeyes says:
This is a stunning piece of work that deserves national acclamation. In pushing ahead with the prosecution of Anthony, I trust that Bill Parnham and Kelly Seigler do so fully armed with factual evidence against Anthony Graves. In the event that they press ahead with nothing more than Carter’s recanted evidence, then I shudder at their potential motives and call into question the efficacy of their roles in this case. One cannot help but consider that justice for Anthony Graves may be compromised by long term allegiances and a posturing of sorts. I hope this is not the case. A man’s life is at stake.
Thursday, September 16th, 2010, 4:11 pm
Erin says:
Pamella Colloff has, once again, created a moving, powerful, and meaningful piece of investigative journalism. Kudos to her, and to the editors, for such extraordinary reporting.
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