The fight for justice for Anthony Graves

By: Crimesider Staff
Topics: Daily Blotter

Anthony Graves

/ CBS

(CBS) - When Anthony Graves was released from the Burleson County Jail on Oct. 27, 2010, we thought his fight was over. For 18 years - 12 on Texas Death Row - Anthony had proclaimed his innocence. Now, finally, he was a free man; the state of Texas had dropped all the charges against him. The next day, special prosecutor Kelly Siegler held a press conference where she explained to the world how Anthony had been framed for a multiple murder that he did not commit.

Watch "Grave Injustice" on "48 Hours Mystery"

But when Anthony applied for compensation under the Tim Cole Compensation Act, we realized that another fight was just beginning. Pursuant to that Texas statute, inmates who are released from prison after being cleared of the crimes that put them there are entitled to $80,000 for each year of incarceration, plus a lifetime annuity. We were shocked when Anthony's claim for compensation was denied by the Texas State Comptroller because Anthony didn't have a piece of paper from a judge that contained the words "actual innocence."

Thanks in large part to media attention that focused on Anthony's plight, and in particular the CBS 48 Hours Mystery episode about his case, a public outcry ensued. State Senator Rodney Ellis and Texas Representative Rafael Anchia sponsored a bill that amended the compensation statute to provide that inmates are eligible for compensation if they have "an affidavit from the prosecutor stating the dismissal was based on actual innocence." Governor Rick Perry signed the bill in June, 2011. Ms. Siegler had already provided the necessary affidavit, and Anthony received his check from the Comptroller on June 30, 2011.

Although Anthony eventually won his fight, other Texas exonerees have not been so lucky. George Rodriguez, for example, served 17 years in prison before DNA evidence exonerated him in 2004 of a rape/kidnapping that he did not commit. Rodriguez was ineligible for compensation, however, because the Harris County District Attorney at the time refused to acknowledge Rodriguez's innocence. In 2009, Rodriguez sued the City of Houston, but that litigation has yet to be resolved.

Contributed by Nicole Bremner Casarez, a professor at St. Thomas University in Houston

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by MiMiLLL March 22, 2012 7:28 AM EDT: The ones who investigate crimes should be more careful about what they do....it is sad when INNOCENT people are sent to prison for crimes that they did not do....it is sad for the public as there is still some criminals running loose to do even more crimes...it is a no win situation....there are times when such as this could have been prevented also....as the prosecutors held out some damning evidence that would have made a difference in whether or not the accused was convicted....I often wonder just how these people can sleep at night.....knowing what they did was as bad as what the person who was falsely accused of was.....this process will eventually get really costly for everyone....these people who do such should also be held accountable for their actions.....as it needs to STOP...; Reply to this comment


by vsmit March 19, 2012 11:40 AM EDT: I wonder if New York has a law that pays those improperly imprisoned so generously?; Reply to this comment


by djseavy March 19, 2012 9:53 AM EDT: It's pretty sad when such a lack of common-sense is displayed by government employees. What other reason would the charges be dropped and a man freed from prison? The lack of those two words no doubt cost Texas dearly, since time and money had to be spent changing a law that common-sense could have ovbiated the need to the change. And the government as a whole wonders why tax payers don't trust it.; Reply to this comment