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THE COST OF MURDER-THE PRICE OF INNOCENCE
Anthony Graves Exonerated: Blatant Prosecutorial Misconduct of D.A. Charles Sebesta Sent Innocent Man to Death Row for 18 Years
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
A recent Iowa State University study, conducted by sociology professor Matt DeLisi, found that the total cost to society for a single murder in the United States is $17.25 million. Professor DeLisi led a team of five Iowa State graduate students in a study of 654 convicted and incarcerated murderers. This enormous price tag is measured in terms of costs to the victims, the criminal justice system, loss of productivity to both the victim and offender, and estimated costs to society to prevent future violence.
DeLisi’s study, titled Murder by the Numbers: Monetary Costs Imposed By A Sample of Offenders, was published in the February 2010 edition of the Journal of Forensic Psychiatry and Psychology. This latest study by Professor DeLisi, and his student colleagues, draws heavily from a 2003 study based on the 654 convicted and incarcerated murder offenders housed in eight states: Texas, Ohio, New Jersey, Florida, Arkansas, Georgia, North Carolina, and Oklahoma. Using these 654 offenders, DeLisi’ latest study concluded that each murder they committed cost $17,252,656 with the most violent offender individually racking “costs greater than $150 million.” The study added:
“That each murder costs more than $17.25 million does not convey the true costs imposed by homicide offenders in the current sample. Since the mean homicide conviction was more than one, the average murderer in these analyses actually imposed costs approaching $24 million. For the offender who murdered nine victims, the total murder-specified costs were $155,457,083!”
But what about the price tag associated with wrongfully convicting an innocent man for multiple murders. The banner headline of the Houston Chronicle(10-28-10) informed its readers that Anthony Graves, who had been incarcerated 18 years (most of which was spent on death row) for six murders committed in 1992 in Burleson County, was released from jail after District Attorney Bill Parham filed a motion to dismiss all charges against the condemned inmate. The Graves case has a tortured history: Graves’ youngest brother, Author Curry, told the police, and eventually the jury that convicted and condemned Graves to death, that Graves had been at home sleeping on the night of the massacre of Bobbie Davis, her 16-year-old daughter, and four grandchildren, ages 4 to 9.
No physical or forensic evidence linked Graves to the mass murder. The only evidence came from Robert Earl Carter, who was executed in 2000 for his role in the murders and who implicated Graves in them, and inculpatory jailhouse statements jailers reportedly overheard Graves make.
Students from the University of St. Thomas, working with the Innocence Project at the University of Houston, got interested in the case and gradually developed evidence supporting Graves’ longstanding claims of innocence. That new evidence included an affidavit by Carter recanting his sworn trial testimony and saying Graves had nothing to do with the six murders. On the death gurney Carter again vigorously maintained that Graves was innocent and not involved in the murders.
In 2006 the Fifth Circuit Court of Appeals ordered a new trial in the Graves case. Former Burleson County District Attorney Charles Sebesta, who originally prosecuted the Graves case, was furious at the new trial order. In fact, in 2009 Sebesta took out two full page ads in local newspapers re-stating his case against Graves. This prosecutorial attitude cost Burleson County taxpayers severely: it cost taxpayers nearly $100,000 in 2007 and another $172,000 in 2008 just to prepare for Graves’ retrial.
Faced with these mounting costs and the increasing likelihood that Graves was in fact innocent, DA Parham ordered an in-depth investigation in the case: an investigation led by former Harris County Assistant District Attorney Kelly Siegler who ultimately concluded Graves was innocent.
“After months of investigation and talking to every witness who’s ever been involved in this case, and people who’ve never been talked to before, after looking under every rock we could find,” Special Prosecutor Siegler told the Chronicle, “we found not one piece of credible evidence that links Anthony Graves to the commission of this capital murder. This is not a case where the evidence went south with time or witnesses passed away or we just couldn’t make the case anymore. He’s an innocent man.”
Based on the DeLisi equation, $24 million for each murder, the six murders in the Graves case cost approximately $144 million—and this figure does not include the costs spent between 2006 when a new trial was ordered and 2010 when the case was formally dismissed based on “actual innocence.” The cost to taxpayers will only increase as inevitable civil damages are awarded for the 18 years Graves was wrongfully incarcerated. In a recent blog, we pointed out how a jury in Louisiana awarded a former condemned inmate named John Thompson $24 million for the 18 years he also wrongfully spent on death row. A comparable award in the Graves case could push the total costs in his case to nearly $170,000 million—not to the mention the total costs associated with the real murderer’s case, Robert Earl Carter.
But there are costs associated with a wrongful conviction and a subsequent 18-year incarceration under the ugly specter of death which cannot be measured in monetary terms: the mental and psychological damages done to Graves himself, the suffering endured by his family, and the stigma of a criminal conviction, no matter how wrongful, that will forever haunt Graves’ life. Money cannot compensate for these harms. Anthony Graves will never be a whole person again—ever.
But there is a lesson in this terrible tragedy: our society is willing to expend a great deal of resources and money to hold murderers accountable for their actions, as evidenced by the DeLisi study, but we are not prepared to hold accountable those people responsible for wrongfully convicting innocent people at horrific cost to our society. The Fifth Circuit Court of Appeals in 2006 ruled that DA Sebesta had illegally withheld favorable evidence which led to Graves’ wrongful conviction. A comprehensive and thorough investigation by DA Parham has since fully and completely, without any factual or legal reservations, exonerated Graves. In fact, the day after Graves’ release Siegler called Sebesta’s conduct in the case the “worst case” prosecutorial misconduct she had ever seen.
But can anything be done to hold former DA Sebesta accountable for his unlawful conduct in the Graves case? Siegler pointed out that the statute of limitations has run on any possible criminal charges against the former district attorney, and, as we have reported, the U.S. Supreme Courthas cloaked him with personal immunity from any civil consequences for his lawless conduct. Thus, in terms of personal liability from either criminal or civil charges, he will most likely walk away scott free, only having to explain why as late as last year he felt so bold as to publicly try to justify his conduct in the case with newspaper ads.
But what about disciplinary action from the State Bar of Texas? That’s not likely. Houston criminal defense attorney Robert Bennett in 2007 filed a complaint against Sebesta with the State Bar only to see it dismissed. And that’s unfortunate. Criminal defense attorneys who violate the interests of their clients are subject to disciplinary action, including disbarment, by the State Bar. Perhaps the State Bar will now investigate Sebesta’s conduct in the Graves case after DA Parham and Special Prosecutor Siegler publicly described his conduct as blatant “prosecutorial misconduct.”
We don’t know. We have no way to gauge the State Bar’s view of this particular case, but based on the Fifth Circuit’s ruling, the exonerating Parham investigation, and the conclusions drawn by Parham and Siegler that Sebesta engaged in prosecutorial misconduct, we certainly feel there are more than adequate grounds for an ethical inquiry. Society and Graves should not be the only ones who bear the costs of justice gone awry in the case.
By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair
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Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
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John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
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I have used John on two occasions and found him to have full knowledge of Texas law, diligent, creative in plan, and aggressive in defense. He is the best criminal defense attorney … More in the State of Texas. No reason to look elsewhere.
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Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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Highly recommend, down to earth lawyer. Talked to me about my legal issues without being super money hungry and genuinely wanted to help me with my legal problems. 5 stars ⭐️.
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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Im impressed. This guy was polite and professional and most important...he listened.
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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He explained my case better then any other lawyerPositive
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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