On April 29th there will be a evidentiary hearing on two legal issues that the courts have seen as a possible violation of my constitutional rights, both have to do with the prosecuting attorney withholding evidence during my initial trial. The State's Attorney has been pretty much confused on what position he will take on the matter. My attorney feels very confident that with the evidence we have to present the judge could very likely rule in our favor, but that is looking at the situation from an optimistic perspective.
On the other hand, my emotions have been very unsettled about this hearing. This is a very stressful time for me right now because although I wish to be optimistic, I'm trying not to get my hopes up too high.
I am asking that you all keep me in your constant prayers as I go through this struggling process.
Best wishes in truth and justice,
Anthony
P.S. Anyone who wishes to attend the hearing it will be held at:
601 Rosenburg Galveston, TX.
(in the post office building)
April 29th 8:30 AM -Judge Samuel Kent's courtroom
February 6th,2004
I recently had a visit with two of the students from the "Innocence Project" who are trying to help me prove my innocence. They came to tell me that the evidentiary hearing that was scheduled for February 12th has been moved back to April. I don't know the exact date yet but I should in a few days.
My attorneys have been very busy preparing our latest petition to be filed to the Supreme Court on the four issues that were denied a few months back by the 5th Circuit Court and also preparing for the evidentiary hearing. My attorney wrote and told me that when he can catch a breath he would write and give me a detailed update on all that's going on. At that time I will write again and tell you everything I know. Thanks to everyone for all your support.
Peace and Blessings,
Anthony
On August 15th, 2003, the Fifth Circuit Court of Appeal handed down its opinion regarding my latest appeal for relief. There were several issues presented to the Court on my behalf (7) but only one was granted in our favor. The other issues were turned down based on legal technicalities. We refiled to the Court for a rehearing on those issues in hopes of persuading a full panel of judges to overturn the previous decision by only three judges.
The Court has granted me an evidentiary hearing on the issue of "SUPPRESSION OF EVIDENCE" by the Prosecuting Attorney. Robert Carter, who falsely testified against me in trial had been telling the Prosecutor that I was innocent and didn't wish to testify against me. The Prosecutor never revealed this fact and proceeded to strike a deal with Carter. ( If he testified against me they wouldn't ask him anything about his wife's involvement in the crime.) After! And only after this deal had been struck with Prosecutors did Carter change his mind and proceed to falsely testify against me.
The Court of Appeal recognizing that Carter's testimony was the reason for my conviction has ruled the statement Carter made before trial was extremely favorable to me and would have provided powerful ammunition for my Attorney to use in cross-examining Carter. Also, the impeachment value of his statement is even stronger when tied to the fact that he only changed his testimony when the state agreed not to question him about his wife's involvement in the crime. They went on to state that had the defense known of this statement it's possible that this case wouldn't be in this Court. So, the Court has decided to give us a evidentiary hearing on this issue to develop the facts on record for further review by the Court.
There has not been any scheduled date set for this evidentiary hearing and probably won't be for awhile, because we are attempting to get the hearing postponed until the other issues that were denied are resolved in the Court. It is very important to keep the other issues alive in the court because we simply cannot depend on the Court to do the right thing and reverse this conviction on the one issue they have decided to give us the evidentiary hearing on.
This ruling is a small victory, but we still have a very long process ahead of us. I ask each and everyone to continue your support in our efforts for justice. If you have any questions about this case you can write to me directly and I will do my best to answer all questions in your letter.
Thank you for all the love and support you have continuously given my family and I. May your lives continue to be blessed.
Sincerely Yours,
Anthony Graves.
Here is the link to the first court's opinion
http://caselaw.lp.findlaw.com/data2/circs/5th/0241416cr0p.pdf
UPDATE~
On November 13th, the Fifth Circuit Court, after a rehearing, granted Anthony's case relief on a second issue, whether the state should have divulged evidence that Robert Carter made statements implicating his wife in the crime.
A date for the evidentiary hearing has still not been set.
Here is the link to the second court's opinion
http://www.ca5.uscourts.gov/opinions/pub/02/02-41416-cr1.pdf
