Texas man wrongly put away for 18 years denied compensation after legal glitch

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In summary: I see what happened. They're trying to say he can't sue becausethe state dismissed the charges, not becausethey didn't win.Oh hell, right... it's tort issue against the state right? Do we have any trial lawyers here, or legal... oh nevermind, I see what happened. They're trying to say he can't sue becausethe state dismissed the charges, not becausethey didn't win.Yes, it's a tort issue, but it's also a question of procedural fairness. The state should have allowed him to have a trial to determine whether or not he is actually innocent, instead of just dismissing the charges.Yes, it's a tort issue,
  • #1
Evo
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This is a case where the law prevents the right thing to be done. It appears there is an easy solution, but no one wants to do it. A simple court order could fix this.

Graves's lawyers are now pointing fingers at Burleson County District Attorney William Parham, who "declined to sign an order asking District Judge Reva Towslee Corbett to amend Graves' order of release to include the words 'actual innocence,'"

A courtroom technicality has cost a wrongly convicted Texas man the compensation that would otherwise be due him for the 18 years he'd served in Texas prison--14 of which he spent on Death Row.

Anthony Graves would have received $1.4 million in compensation if only the words "actual innocence" had been included in the judge's order that secured Graves's release from prison. The Comptroller's office decided the omission means Graves gets zero dollars, writes Harvey Rice at the Houston Chronicle, even though the prosecutor, judge, and defense all agreed at trial he is innocent.
continued...

http://news.yahoo.com/s/yblog_thelookout/20110216/ts_yblog_thelookout/texas-man-wrongly-put-away-for-decades-denied-compensation-after-legal-glitch
 
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  • #2
A lawyer that takes this case will take a nice byte out of this compensation if won.
 
  • #3
Wow... I find it hard to believe that this won't be overturned on appeal, or refiled. As waht says, the lawyer who's a part of that is probably going to GET more than 1.4 mil USD... I'd bet on a BIG confidential settlement.
 
  • #4
It's things like this that make me smile about our legal system. He may have to fight to get what he deserves, but at least he has a chance of getting it. Unlike some other places...
 
  • #5
Drakkith said:
It's things like this that make me smile about our legal system. He may have to fight to get what he deserves, but at least he has a chance of getting it. Unlike some other places...

True... better than the alternative, but still, the best advice I've ever been given was: "Stay out of the system." I have, and it's GREAT... because from what I've seen you have a better chance here, but trial = rolling dice.
 
  • #6
nismaratwork said:
True... better than the alternative, but still, the best advice I've ever been given was: "Stay out of the system." I have, and it's GREAT... because from what I've seen you have a better chance here, but trial = rolling dice.

Very true. You always want to avoid the system if possible.
 
  • #7
Drakkith said:
It's things like this that make me smile about our legal system. He may have to fight to get what he deserves, but at least he has a chance of getting it. Unlike some other places...
The problem is that due to the wording, even if he wins an appeal, his compensation will be capped at $200,000, he will never have the chance to be awarded the 1.4 million he's rightfully due.
 
  • #8
Evo said:
The problem is that due to the wording, even if he wins an appeal, his compensation will be capped at $200,000, he will never have the chance to be awarded the 1.4 million he's rightfully due.

Unless he can fight and win at another trial. That's what I meant. There's always a chance that he can start a new case or something right? I'm not that versed in law, but I was under the understanding that you can pretty much go to court over anything as long as you can justify it with some evidence or good reason. If not, then that sucks.
 
  • #9
Drakkith said:
Unless he can fight and win at another trial. That's what I meant. There's always a chance that he can start a new case or something right? I'm not that versed in law, but I was under the understanding that you can pretty much go to court over anything as long as you can justify it with some evidence or good reason. If not, then that sucks.

Sure you can start another trial, that's what so great about this country, except the fine print which is the astronomical cost of lawyers, processing fees, courtroom, and taxes.
 
  • #10
Drakkith said:
Unless he can fight and win at another trial. That's what I meant. There's always a chance that he can start a new case or something right? I'm not that versed in law, but I was under the understanding that you can pretty much go to court over anything as long as you can justify it with some evidence or good reason. If not, then that sucks.
The thing is, they have prevented him from having another trial because they DISMISSED CHARGES. No charges means no chance of trial which means no chance of money.
 
  • #11
Evo said:
The thing is, they have prevented him from having another trial because they DISMISSED CHARGES. No charges means no chance of trial which means no chance of money.

Oh hell, right... it's tort issue against the state right? Do we have any trial lawyers here, or legal scholars?
 
  • #12
Evo said:
The thing is, they have prevented him from having another trial because they DISMISSED CHARGES. No charges means no chance of trial which means no chance of money.

Can he take them to court and get all that reversed or something? Or just sue the state for the money perhaps? Sounds like he's got plenty of reason to me.
 
  • #13
i think the thing to do here is to put Texas' integrity on trial.
 
  • #14
Proton Soup said:
i think the thing to do here is to put Texas' integrity on trial.

They executed a retarded man... verdict: D***s.
 
  • #15
He should do what that one guy in Cuba that was refusing to leave jail is doing. However that may not be a smart idea depending on how long it is till his execution. How much did they spend keeping the guy in jail over the years you think? Personally I think the judge/jury/lawyers that convicts innocent people should be fined/pay for it but that would only lead to more corruption probably. I bet he is just happy to be out of jail and it's his lawyer that is the person mostly pushing for the money. I know if I got put into jail that way I would take the get out of jail free card no questions asked as having seen how the justice system works first hand. I wonder what he thinks is the biggest lesson of this story?
 
  • #16
Containment said:
He should do what that one guy in Cuba that was refusing to leave jail is doing. However that may not be a smart idea depending on how long it is till his execution. How much did they spend keeping the guy in jail over the years you think? Personally I think the judge/jury/lawyers that convicts innocent people should be fined/pay for it but that would only lead to more corruption probably. I bet he is just happy to be out of jail and it's his lawyer that is the person mostly pushing for the money. I know if I got put into jail that way I would take the get out of jail free card no questions asked as having seen how the justice system works first hand. I wonder what he thinks is the biggest lesson of this story?

They DO get sued of there was wrongdoing, and can face criminal charges (less likely) and sanctions such as being disbarred. Not all wrongful convictions are due to such errors, and by definition we'll have SOME.

Again... biggest lesson?... "Stay out of the system".
 
  • #17
The legislation to award falsely imprisoned people $80,000 a year was passed in 2009 and it has cost Texas $30 million in less than two years:

"It's obvious to us that under the spirit of the state legislation passed in 2009, Graves deserves compensation," The Houston Chronicle editorialized. "No one disputes the fact that the man is actually innocent. And the $1.4 million payment that he's due according to the state's formula hardly makes up for the loss of freedom for most of his adult life. The state has paid more than $30 million to 67 wrongfully imprisoned Texans. Graves should be the 68th."

Couple this with a http://www.bloomberg.com/news/2011-02-17/advocates-texas-budget-slashes-legal-aid-for-poor.html :

Tens of thousands of poor Texans wouldn't have access to lawyers under the preliminary state budget that cuts legal aid by $23 million, advocates said Wednesday.

Texas may have just found a loophole that allows them to escape some of the financial burden the Tim Cole Act places upon them.
 
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  • #18
BobG said:
The legislation to award falsely imprisoned people $80,000 a year was passed in 2009 and it has cost Texas $30 million in less than two years:



Couple this with a http://www.bloomberg.com/news/2011-02-17/advocates-texas-budget-slashes-legal-aid-for-poor.html :



Texas may have just found a loophole that allows them to escape some of the financial burden the Tim Cole Act places upon them.

Or... they could just follow due process in every sense of the word.

So... again, is there any way to make a new tort case out of this and challenge this? It seems mad that a state can do this without the judiciary having a role beyond "technical arbiter".
 
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  • #19
It's clear this man should just get his compensation. What happened to "the spirit of the law".
 
  • #20
cobalt124 said:
It's clear this man should just get his compensation. What happened to "the spirit of the law".

It was shot in the neck a long time ago.
 
  • #21
Wow, That's rough.
 
  • #22
Rough? Really? This is Texas we're talking about. He should be thankful he's alive, and move on.
 
  • #23
Gokul43201 said:
Rough? Really? This is Texas we're talking about. He should be thankful he's alive, and move on.

Being from Texas I'm wondering what you mean by this. =)
 
  • #24
Drakkith said:
Being from Texas I'm wondering what you mean by this. =)

He means that Texas has a proud history of moving executions along at a somewhat brisker pace than this man experiences, I'm guessing. That, or maybe a general reference to the self-styled "tough cowboy" Texas image?

Still, I'd find it rather difficult to move on after 17 years on death-row. In fact, money wouldn't be in it...
 
  • #25
nismaratwork said:
He means that Texas has a proud history of moving executions along at a somewhat brisker pace than this man experiences, I'm guessing. That, or maybe a general reference to the self-styled "tough cowboy" Texas image?

Still, I'd find it rather difficult to move on after 17 years on death-row. In fact, money wouldn't be in it...

Ah ok. Just wondering. =)
 
  • #26
Drakkith said:
Ah ok. Just wondering. =)

Well, that's my take on it, Gokul could have also meant you're mad as cut snakes. :biggrin:

Having been to Georgia, Mississippi, Kentucky, NC, SC, Georgia and Texas... Texas isn't the "south" that people fear/hate in my view. I think people forget (not you obviously!) that Texas is HUGE, and very rural, but that it also has some truly impressive cities. Austin impressed the hell out of me, and I went in ready to loathe the place on general principles as a 'Yankee'.

That said, I'd really REALLY hate to commit or be wrongfully convicted of a crime in Texas. You western state do NOT mess around when it comes to finishing off the condemned. :bugeye:
 
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  • #27
nismaratwork said:
Well, that's my take on it, Gokul could have also meant you're mad as cut snakes. :biggrin:

Having been to Georgia, Mississippi, Kentucky, NC, SC, Georgia and Texas... Texas isn't the "south" that people fear/hate in my view. I think people forget (not you obviously!) that Texas is HUGE, and very rural, but that it also has some truly impressive cities. Austin impressed the hell out of me, and I went in ready to loathe the place on general principles as a 'Yankee'.

That said, I'd really REALLY hate to commit or be wrongfully convicted of a crime in Texas. You western state do NOT mess around when it comes to finishing off the condemned. :bugeye:

Compared to most others, nope.
 
  • #28
Gokul43201 said:
Rough? Really? This is Texas we're talking about. He should be thankful he's alive, and move on.

How can he move on?
He has no money, and has been wrongfully incarcerated for so many years.
 
  • #29
pallidin said:
How can he move on?
He has no money, and has been wrongfully incarcerated for so many years.

That's what I'm wondering.

Sure "it's Texas" but it's got to change from being comparable to third world nations at some point in time.
 
  • #30
Drakkith said:
Compared to most others, nope.

Nope to being mad (a joke), or being quick on the trigger for condemned criminals? I was under the impression (perhaps incorrect?) that Texas was a pretty good place to die in prison. :umm:

http://www.tdcj.state.tx.us/stat/executedoffenders.htm
http://www.tdcj.state.tx.us/stat/drowfacts.htm


Oh... this is why I believed that...

TDCJ said:
United States Capital Punishment:
As of December 31,2009, the death penalty was authorized by 36 states and the Federal Government.

Texas leads nation in the number of executions since death penalty was reinstated in 1976.
California, Florida and Texas have the largest death row populations.

3,173 offenders were under sentence of death in the United States as of December 31, 2009.

There are five methods of execution in the United States: lethal injection, electrocution, lethal gas, hanging, and firing squad.

(bolding mine) However that doesn't mean it's faster per capita; it could just be a lot more people slated to die.
 
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  • #31
Sorry, was replying to:
You western state do NOT mess around when it comes to finishing off the condemned

As in nope, we do not mess around compared to other states lol.
 
  • #32
Drakkith said:
Sorry, was replying to:


As in nope, we do not mess around compared to other states lol.

Oh Ok... I was a little shocked... you seem very grounded!... because you are... and I'm not apparently. :tongue2:
 
  • #33
pallidin said:
How can he move on?
He has no money, and has been wrongfully incarcerated for so many years.

In the past, and in many parts of the world the answer which I do not endorse would be the concept of a blood feud. This is variously called "Vendetta", which is now a borrowed word in English, Blutrache (lit. Blood-Revenge), or to really go back to the Hebrew you have the concept of a Go'el Haddam; the "Redeemer of Blood".

I would find it profoundly difficult to continue with my life after such trauma, and in the context of this final grotesque injustice. It's times like this that the ancient concept of blood avengers, balanced by cities of refuge begins to look pleasant by comparison.

If we can't make our legal system work for someone who was placed in what most would consider HELL, for 17 years... then tossed out to... what?... Maybe there's something fundamentally askew.
 
  • #34
Evo said:
The problem is that due to the wording, even if he wins an appeal, his compensation will be capped at $200,000, he will never have the chance to be awarded the 1.4 million he's rightfully due.

True, but he can also appeal that by claiming its denying the right to a jury trial. Is 18 years considered punitive? That's so sad people in this country need to wake up.
 
  • #35
SolidGold said:
True, but he can also appeal that by claiming its denying the right to a jury trial. Is 18 years considered punitive? That's so sad people in this country need to wake up.

I'm not sure what you mean by the 18 years comment, could you clarify? In addition, and I've already admitted ignorance here, CAN he bring a new case? Tort law, and generally any attempt to sue the state is complex. I'd LOVE references, because I'm curious about just what his rescourse is, if any.
 

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