Here
is a summary of the case of Anthony Graves, by Susan
Lee Solar, January 2002
Anthony
Graves case now pending submission
in 75 or so days to first federal court
Machinist
Anthony Graves was drawing unemployment and staying with siblings
in their mother's apartment in Brenham in 1992 when six members
of the Bobbie Davis family including the grandmother, Bobbie Davis,
were murdered and their house set on fire in nearby Somerville,
in Burleson County. The father of the youngest victim, Robert
Earl Carter of Brenham, a prison guard, was arrested five days
later by Texas Rangers when he attended the funeral with bandages
covering obvious burns. After being told he failed a polygraph
test in Houston, he told Rangers he had driven his wife's cousin,
Graves, to the Davis home at Graves' request and was outside when
the murders occurred. A few days later Carter recanted this story,
saying the Rangers had threatened his life unless he told them
who was with him, as they had early on decided there must have
been at least two perpetrators, given the number of victims.(However,
4 of the victims weighed less than a 100 pounds each and all were
asleep and all knew Carter, who was still seeing Lisa Davis, and
had no reason to expect harm from him. Carter was in good shape
and had three weapons with him, including a gun, which he used
on the teenaged victim.)
Graves
had 3 alibi witnesses with him all night, his siblings and his
girlfriend. Only his brother Arthur testified at trial; his sister
and girlfriend were intimidated by the D.A., the latter as she
stood waiting to testify, when Graves' attorneys informed her
the DA had told them outside the jury's presence, that anything
she said could be used against her and she would probably be charged
herself. Carter, who had already been sentenced to die, came to
Brazoria County for the trial and tried to recant once again his
testimony against Graves, telling the DA and his assistant, his
own defense counsel, Ranger Coffman and the DA's investigator
that Graves had nothing to do with the crime. A local polygrapher
was brought in and according to several present at the scene,
asked only about Carter's wife's involvement in the crime, not
about Graves'. The defense was not told about Carter's change
of heart nor about the polygraphing taking place the night before
Carter testified against Graves, accusing Graves of killing 5
of the victims, claiming that he, Carter, had only killed the
teenager. (Graves, his girlfriend and his attorneys are black.)
No
murder weapon was ever found, no fingernail scrapings were taken,
there was no DNA. Graves had once owned a gift knife, and Austin's
medical examiner testified his knife "could" have been
the weapon. His testimony has since been totally discredited by
a forensic scientist from U North Texas. The corroborating evidence
to Carter's accusation in trial were the statements by three men
who were either in the employ or close to the Sheriff of Burleson
County at the time of the crime. They claimed to have overheard
on the jail/inmate intercom in Caldwell, Graves making incriminating
remarks soon after he and Carter were arrested. However, recently
a Burleson county rancher sent Graves' attorney an affidavit saying
he saw the statements given by all six of the original claimants
to have overheard the conversations, written in the handwriting
and on the notepad of John Robertson, one of the witnesses, a
man known locally to hate blacks.
The
judge was the former jr. law partner of the D.A.; his findings
of fact were identical to the prosecutions, and the January 2,
2002 majority decision of the TCCA echoed that bias in their restatement
of the facts of the case. Graves' 3rd state habeas writ pled incompetent
habeas counsel; six of the justices signed an opinion by Judge
Cochran to dismiss the appeal as an "abuse of the writ"
because they argued there is no constitutional right to competent
counsel, or even to counsel, in habeas petitions, and therefore
there can be no claim of ineffective habeas counsel. Three justices
disagreed for different reasons, that the court couldn't consider
such an appeal.
Here
is a letter that Annie received from Anthony Graves in response
to one she sent to him regarding Susan's death.
February
23, 2002
Anthony
Graves
#999127
polunsky unit
3872 fin 350 south
Livingston,Texas 77391
Dear
Ms. Borden,
Thank
you so kindly for this letter informing me about Susan’s untimely
death.
It
is shocking and saddening,and i will truly miss her friendship
dearly.Please extend my condolences to her family members.
Also,please thank the friends of hers that have decided to contribute
to my cause in Susan’s name.I will always be eternally grateful
for their contributions.
My
attorney name is Roy Greenwood,out of Austin Texas,not
Mr. Stephen Keng.
Mr.
Keng was someone that was assisting Susan in her investigation
on my case.
May
i please ask that,if it’s possible could you send me a program
from Susan’s funeral service? I would really appreciate it a lot.She
had become like a family member to me and my family,and i would
like to have one In remerance of a great friend.