Anthony Graves, who was sen­tenced to death in Texas in 1994, may soon be released on bail. Graves’ con­vic­tion was over­turned in March 2006 by the U.S. Court of Appeals for the 5th Circuit because pros­e­cu­tors had with­held two pieces of impor­tant evi­dence from Graves’ attor­neys pri­or to his tri­al. One of the main wit­ness­es against Graves, a co-defen­dant who par­tic­i­pat­ed in the crime, recant­ed his ear­li­er tes­ti­mo­ny. The fed­er­al court has giv­en Texas until September 12, 2006 to either retry Graves or to dis­miss charges. Texas request­ed more time because it has appealed the 5th Circuit rul­ing to the U.S. Supreme Court, but the request was denied.

(Houston Chronicle, Sept. 1, 2006). 

See pos­si­ble Innocence. Eight for­mer Texas death row inmates have been exon­er­at­ed and freed since 1973. There is also sub­stan­tial evi­dence that three peo­ple who were exe­cut­ed in Texas were innocent.

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