Eighteen years ago, Anthony Graves was arrested as a part of a police investigation related to the killing of a Somersville, Texas family. Despite his protestations about his innocence, he was convicted and eventually sent to death row. This past October, Graves was freed after a special prosecutor came to the conclusion that Graves was innocent.
Now, the Texas Comptroller’s Office has decided to deny any state compensation for Graves, who lost nearly two decades of his life to wrongful imprisonment. In a letter sent to Graves, the Comptroller noted that the words “actual innocence” were not actually used in the document ordering his release, thus denying him any compensation under Texas law:
The Texas Comptroller’s Office has denied compensation to Anthony Graves, who spent 18 years on death row before a special prosecutor determined he was innocent and authorities dropped capital murder charges against him.
The state determined that Graves, 45, who could have received as much as $1.4 million had he been deemed eligible, should receive nothing because the words “actual innocence” didn’t appear in the document ordering his release, according to a letter the office sent to Graves’ attorney, Nicole Casarez.
The Houston Chronicle covered Graves’s ordeal and the turmoil his family has gone through. Watch it:
“I’m willing to testify to the fact that we believe he’s innocent,” says Kelly Siegler, the special prosecutor in the case. “I’ve signed an affidavit. I’m not sure what we are supposed to do to make it happen.” For his part, Graves his optimistic. “I feel disappointed, but I am optimistic that justice will prevail in this wrongful conviction that took 18 years of my life away,” he says. His attorney Nicole Casarez plans to possibly file a civil suit in order to get compensation. A spokesman for the comptroller’s office says that Graves could seek a pardon in order to get his compensation, but Caserez says doing so would only be appropriate if her client was actually guilty, and he isn’t.
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