Anthony Graves on Overcoming a Wrongful Conviction — Transcript
Full transcript
- 0:04welcome to the State Bar of Texas
- 0:06podcasts your monthly source for
- 0:09conversations and curated content to
- 0:12improve your law practice with your host
- 0:14rocky dear hi and thank you for being
- 0:21here welcome to the State Bar of Texas
- 0:22podcast this is your host rocky deer if
- 0:25you're just tuning in we have an amazing
- 0:28episode for you today it's a very
- 0:31compelling story my guest today is
- 0:32Anthony graves now Anthony spent 18 and
- 0:36a half years wrongfully convicted behind
- 0:39bars
- 0:40he has emerged from that entire story as
- 0:43the published author of a book called
- 0:45infinite hope and Anthony's gonna tell
- 0:48us not only about his story and what
- 0:50transpired starting in 1992 up until his
- 0:53release in 2010 he's also going to tell
- 0:55us about the process of writing infinite
- 0:57hope it's an amazing story and as
- 1:00lawyers there's a lot we can learn from
- 1:02this so without any further ado let's
- 1:03get started Anthony are you there yes
- 1:06how are you I'm doing great it's an
- 1:08honor to have you on our show thank you
- 1:10for being here thank you for inviting me
- 1:12now Anthony I don't remember what I was
- 1:15doing on August 18 1992 I think at that
- 1:19time I was probably in the summer after
- 1:22my senior year of high school and I was
- 1:23waiting to go off to college that for
- 1:26you however was a very very big day yeah
- 1:29it's the day that I will no forget you
- 1:32know I had to think about that day for
- 1:35six thousand six hundred forty days of
- 1:38my life I was wrongfully convicted and
- 1:40incarcerated about what was I doing that
- 1:43night and why why have I ended up on
- 1:47death row behind I mean I was at home
- 1:49with my family and now I'm sitting on
- 1:52death row so I had to think about that
- 1:54night and relive that night over and
- 1:56over and over again because I just could
- 1:58not understand how with my actions that
- 2:02night being home with my family in the
- 2:07me up on death row for crime on you
- 2:09absolutely nothing about it just blows
- 2:11our mind as I pretend to think about
- 2:13today so let's go back to that night the
- 2:16night of August 18th 1992 when your life
- 2:19changed forever the ensuing 18 years you
- 2:22were incarcerated and then later
- 2:24exonerated 18 years of your life I mean
- 2:28that's basically if your incarceration
- 2:30were a person it would have grown to the
- 2:32legal age of majority by that point
- 2:35myths that is an entire lifetime for
- 2:37some people that's a very very long time
- 2:39so August 18 1992 there was a horrific
- 2:43horrific murder an arson that took place
- 2:47can you tell us a little bit about the
- 2:49crime for which you were eventually
- 2:51convicted and then exonerated what
- 2:54exactly happened yes that was the crime
- 2:56that took place in a small town some of
- 2:59your taxes an entire family had been
- 3:01murdered I was six people total
- 3:03that's four children under the age of 10
- 3:06that was a 16 year old daughter and a 45
- 3:10year old grandma they were shot stabbed
- 3:13Lundy to death I got the legal support
- 3:15all over their body and the house was
- 3:17burnt down and so imagine a crime of
- 3:21that magnitude in such a small County I
- 3:23was a lot of outrage and [ __ ] and so as
- 3:27a matter of fact the mayor of a County
- 3:29at the time came out and said that
- 3:32whoever had done the crime didn't even
- 3:34deserve a trial they should be caught
- 3:35and hanged and that saw the way they
- 3:37proceeded with the case because a week
- 3:39later they had a funeral and a young man
- 3:42showed up with bandages all over his
- 3:44body
- 3:44and the instant became a suspect this
- 3:47young man was the father of one of the
- 3:48children that had been murdered in the
- 3:50fire and so when the funeral is over in
- 3:54a Texas Ranger file at home that's they
- 3:57could talk to him took him to the DPS
- 3:59office to interrogate him over 40 no
- 4:01still serve everybody knows everything
- 4:03that he said but at the end they asked
- 4:05him to call her name was someone who
- 4:06could have done it with him they let him
- 4:08go he accorded to his story thought he
- 4:12had seen me and a jeep with some other
- 4:14guys on his way to the DPS office and
- 4:16when they asked him to call a name being
- 4:19that he thought he had just seen me
- 4:20previous he called my name that's gonna
- 4:23give us stories he gave several
- 4:24different stories and within
- 4:27that was a knock on my door I was taken
- 4:29to the police station charged with
- 4:31capital murder sat in jail for two and a
- 4:33half years awaiting trial and I was
- 4:35wrongfully convicted and sentenced to
- 4:37death just all my life now let's talk
- 4:40for a second about the man with the
- 4:42bandages who had named you to the Texas
- 4:44Rangers his name was Robert Carter right
- 4:47okay did you know Robert Carter during
- 4:51this time how were you guys acquainted
- 4:53I mean tell us about your relationship
- 4:54with him yeah it's so crazy because this
- 4:57young man has married a cousin of mine
- 5:00that I grew up with and we grew up close
- 5:02but you know just like with any family
- 5:04tree when you grow up you spread out and
- 5:06you know but that was still my cousin so
- 5:08I imagine just doing their time that
- 5:11they talked about their family tree so
- 5:13he knew my name through my clothes but
- 5:16we never had a personal relationship as
- 5:18I sit and talk to you now I talked to
- 5:22you more than I had a conversation with
- 5:23him
- 5:24it's just strange that he called my name
- 5:27with we had no connections other than my
- 5:30cousin Larry Manson and I end up on that
- 5:33girl he couldn't even tell you my
- 5:35nickname on the streets he couldn't tell
- 5:37you anything about me and yet they made
- 5:39him out to be my best friend and then
- 5:42that caused me to lose my freedom now
- 5:44you mentioned earlier that you were you
- 5:47sat in jail for about two years so you
- 5:49were convicted in 1994 and then
- 5:52sentenced to death row when when you
- 5:56were awaiting trial when the
- 5:57investigation was taking place there was
- 5:58a there was a district attorney named
- 6:00Charles uh beste and the lead Texas
- 6:03Ranger on the case ray Coffman well when
- 6:06you talk to them when they questioned
- 6:07you about this particular case or your
- 6:09involvement in it I'm assuming you told
- 6:12him you were innocent you were able to
- 6:13give him names of people that that could
- 6:16vouch for your whereabouts what happened
- 6:19with all that why would they pinpoint
- 6:20you listen I just described Who I am at
- 6:24that time I'm a young black man was not
- 6:27many resources okay another young like
- 6:30man just lied on me and said that I was
- 6:32involved in a crime that drives the
- 6:34highest emotion it's a recipe for
- 6:37success for a district attorney who
- 6:39wants to just seek a conviction
- 6:41all you have to do is get someone in
- 6:43there with no resources that looks like
- 6:45me thinking in the case on here that's
- 6:48exactly what happened with me because
- 6:50there was no reason for them to pursue
- 6:54me the way they did when they had all
- 6:56the evidence that suggested that I was
- 6:58indeed innocent as a matter of fact we
- 7:00found our ten years later that mr.
- 7:03Carter who initially lied on me the same
- 7:06night told him that he lied and that I
- 7:08was innocent
- 7:09they never divulge that information to
- 7:11us they just went on and pursued the
- 7:13case and set me in jail like two and a
- 7:15half years trying to build a case on me
- 7:17out of thin air so it was just bad
- 7:20judgment I think it was very intentional
- 7:23because they didn't think anyone would
- 7:25question their integrity around such a
- 7:27high-profile case that's a big problem
- 7:30for our system there are not many checks
- 7:32and balances when it comes to district
- 7:34attorneys and our law enforcement and at
- 7:36least our citizens and our people one
- 7:38roll out here I was runnable to
- 7:40assistant out and it's decided that they
- 7:42wanted to convict me of crime I didn't
- 7:44commit
- 7:44now eventually when you went to trial in
- 7:471994 can you tell us a little bit about
- 7:50the type of case that the prosecution
- 7:52put on and the type of defense that you
- 7:55put up obviously there was a jury and
- 7:57there was it there was a jury verdict
- 7:59and I think most people tend to think
- 8:01that when a case goes to jury at that
- 8:03point whatever the jury decides must be
- 8:06the correct decision in your case that
- 8:08turned out not to be the case so can you
- 8:09walk us through what happened at the
- 8:11trial stage let me let me take you to
- 8:14the initial
- 8:15lorelei proceedings I think is very
- 8:17important this is when the jury is being
- 8:20questioned about the case this is when
- 8:22the jury is being questioned we'll see
- 8:24if they can qualify to say I can do a
- 8:26fair and impartial verdict okay sure
- 8:28well that's how it's supposed to be I
- 8:30but fortunately that's not always the
- 8:33case anyway so doing boy I got you know
- 8:37my attorneys in the state can question
- 8:40each potential juror come up there you
- 8:43guys know and they examine the Georgia
- 8:45state to qualify my attorney would ask
- 8:49each potential jury one course in at
- 8:53least six to seven
- 8:54tenem I remember would have the same
- 8:58response and that question was how do
- 9:01you feel about my client mr. gray
- 9:03sitting here today and a lot of response
- 9:06was he must have done something
- 9:08otherwise you wouldn't have of you they
- 9:11became the jury of my peers that's
- 9:14something really fundamentally wrong
- 9:16with that that someone can sit up that
- 9:18and prejudge you before the trial even
- 9:21starts and we still qualified to sit on
- 9:24the jury because we have this
- 9:26rehabilitation of the jury by asking
- 9:29them if he can follow the law that is so
- 9:34it's so wrong on so many levels
- 9:36because this men and these women
- 9:39initially said I had to have done
- 9:41something and yet they will qualify for
- 9:44sit on my jury that was a recipe for
- 9:47disaster from day one okay so so Anthony
- 9:51if I could if I could just and I don't
- 9:52mean to cut you off but you raised an
- 9:54interesting question that I think a lot
- 9:56of specifically lawyers in Texas would
- 9:58be interested to maybe dive a little bit
- 10:00more deeply into so it sounds like
- 10:03you're saying in some parts of the
- 10:05country they got four deer and here in
- 10:06Texas we call it voir dire that the voir
- 10:08dire process is flawed
- 10:11based on your experience how do you
- 10:13think we should change it since you went
- 10:15through this and you've had time to
- 10:16reflect on it what should have been done
- 10:17differently in your view what I think
- 10:21what should definitely change it's
- 10:23called the shuffle another judge I don't
- 10:25think that you should be allowed to
- 10:27examine certain people and then when
- 10:29those that come up front that don't look
- 10:31like you you could get a chance to shut
- 10:33Reese up with the jury and get the ones
- 10:35that look like you to come back up to
- 10:36the front I think that's just bad it's
- 10:39bad on so many levels I think it also
- 10:40goes up against the back promotion I
- 10:42also feel like in when it comes to the
- 10:45jury
- 10:46once we select the journey a journey has
- 10:49to be better informed with their role
- 10:51what role they do play in this thing
- 10:53cost them but more inform they can be
- 10:56the less likely go to get caught up in
- 10:58the emotions and render a verdict based
- 11:00on emotions it happens too many times
- 11:02because jurors are not they're the most
- 11:05important people in the room in the
- 11:07courtroom
- 11:08most other poll data walks off the
- 11:11streets as late they don't know any love
- 11:13and yet i watch the state as well as the
- 11:16fist try to keep things from try to
- 11:19manipulate the facts and all they have
- 11:21to go on is everything that you're
- 11:23throwing out at them and their so they
- 11:24do the incomplete picture and they come
- 11:25back and they really invert it that is
- 11:28wrong and I think that is that that's in
- 11:30part because we have failed to inform
- 11:32our jury on what they role really is
- 11:35about it how do you need to stick to the
- 11:36facts
- 11:37and how to assess the facts we don't
- 11:39educate our jury we just send them in
- 11:42and say make the best decision and then
- 11:44we have a court after that they want to
- 11:46uphold their decision knowing they don't
- 11:48know much about the law and how they
- 11:50were manipulated is to decide what the
- 11:52factual so I think that with the jury we
- 11:55break down our system when our jury
- 11:57system uninformed on a very important
- 12:00case that can cause a man in his life
- 12:01that system it doesn't work we need to
- 12:05have better informed jurors even if we
- 12:07have to go to jurors that have criminal
- 12:09justice backgrounds but we can't not
- 12:12continue to let people walk off the
- 12:14street and make these important
- 12:16decisions about the fate of a man or
- 12:17woman without being fluent in full it's
- 12:20a recipe that is that so Anthony you've
- 12:22raised two topics here that I wanted to
- 12:24explore for a second with you the first
- 12:26is how the jury is informed and knowing
- 12:30their role in other words I guess how
- 12:32the court should instruct them on the
- 12:34role that they play in the process
- 12:36the second issue you raised was about
- 12:38how informed the jury is about the
- 12:41background facts and according to what
- 12:44she just said yet both the prosecution
- 12:46and the defense trying to hide things
- 12:48from the jury so let's start with the
- 12:50first topic you know how would you have
- 12:54instructed the jury if you could go back
- 12:57and do it all over again
- 12:58how should judges and lawyers make sure
- 13:00that jurors are instructed on their role
- 13:01oh why is he picking here okay you don't
- 13:06go into trial in this thing once you
- 13:08keep dessert this one I think the state
- 13:10and the defense you come again and they
- 13:13get to a stain the room to the truth but
- 13:16there was really long the fact and I
- 13:19think on both sides this should be very
- 13:22honest with the jury about how to follow
- 13:25the facts educate the jury so that
- 13:28winner trial on the jury is informed
- 13:31they know how to follow a case
- 13:33it's not about prosecutor did not
- 13:35they're crying and then they all sudden
- 13:37remember vertically emotion we can't do
- 13:40that if we're talking about real reform
- 13:43we have to better inform the jury and I
- 13:46think that thing comes with and you sit
- 13:48him up and our two hours before trial
- 13:51even begins our three hours a half a day
- 13:53and educate them on their role what's
- 13:56the facts are
- 13:57that's when both sides not just one in a
- 14:00referee needs to be the dude this is
- 14:03educate these people in this case and
- 14:06how the father educational research and
- 14:08the best conclusion we don't do that
- 14:10what do you wish that the judge had told
- 14:13your jurors about their role was there
- 14:16something specific a sentence or a
- 14:18phrase that should have been used in
- 14:20your view to maybe have mitigated what
- 14:23happened in your case well I don't have
- 14:26one sentence that could really capture
- 14:31what I'm trying to explain it but this
- 14:33what I'm saying is is that when you
- 14:37suppress them in it that's very relevant
- 14:39that can shed light on the case and a
- 14:43good grant pet and a jury don't know
- 14:47about that but let me just give up
- 14:49example so Mikey alibi with who was that
- 14:53as testified for me had winners on the
- 14:55grand jury two and a half years prior to
- 14:57testify on my behalf
- 14:58never wavered about my innocence never
- 15:01was told that she would ever be invited
- 15:04on anything two and a half years later
- 15:06the day she was going to testify
- 15:08the prosecutor jumps up until the judge
- 15:12just I need to put some on record
- 15:14outside the presence of the jury the
- 15:17judge excuse the jury the prosecutor
- 15:20goes on to say that my alibi witness now
- 15:22has become a catch them become basically
- 15:26a perfect and that should she testify
- 15:29it's highly likely he's gonna seek an
- 15:32indictment of capital murder again but
- 15:33now she's 22 years old with our time
- 15:36on the changeling she has no attending
- 15:38my training goes and tell her exactly
- 15:40what the prosecutor said and she jumps
- 15:42up all the stairs but runs out the
- 15:44courtroom crying okay so when the jury
- 15:47comes back in during closing arguments
- 15:50the prosecutor jumps up to say well
- 15:53where's his witnesses that fit that he
- 15:55said he was with that night why is she
- 15:57here to testify there Tara did not know
- 16:00that he just threatened her with capital
- 16:02murder she knew testify
- 16:04why the jury wasn't made aware of it now
- 16:07the alibi witness you're referring to is
- 16:09Yolanda Mathis am i right right and I
- 16:13think she was was she your girlfriend at
- 16:15the time when you okay so Yolanda could
- 16:20have vouched for your whereabouts and
- 16:22where you were on the night of August
- 16:23the 18th 1992 when this horrific crime
- 16:26took place and right when your trial was
- 16:29taking place when Yolanda was about to
- 16:30take the stand was that the first time
- 16:33she had been informed that she was a
- 16:35suspect in this case or that she might
- 16:36be potentially yeah I did yes okay yes
- 16:40okay wouldn't you like so for all the
- 16:45listeners out there that might be
- 16:46wondering about some of the background
- 16:48facts and where you can learn about the
- 16:49cast of characters there's actually two
- 16:51articles that came out in 2010 in Texas
- 16:54Monthly Magazine and this particular
- 16:56article was very very important to
- 16:58Anthony's case and it actually helped
- 17:01bring to light some of the in justices
- 17:03that were taking place for those of you
- 17:05that are interested these articles were
- 17:07written by Pamela Koloff and the first
- 17:09one was called innocence lost and the
- 17:13second one was called innocence found
- 17:15and it is all about Anthony's story goes
- 17:17in to the characters it tells you about
- 17:19Yolanda it tells you about Charles
- 17:21sebastio all of the different people and
- 17:24the roles that they played in leading up
- 17:26to this so if anybody does want to know
- 17:27more please pick up those articles and
- 17:30of course if you really want to get the
- 17:31scoop pick up Anthony's book infinite
- 17:33hope and Anthony we're gonna talk about
- 17:35that here in a second but what you were
- 17:37alluding to earlier you said that the
- 17:39jury came back they never heard from
- 17:42Yolanda Mathis and then in closing
- 17:44arguments the prosecutor got up and
- 17:46effectively asked where is this alibi
- 17:49witness
- 17:49that mr. graves keeps referring to so
- 17:53yeah you were going back to how the
- 17:55prosecution and the defense kept things
- 17:57from the jury what do you think the
- 18:00defense could have done in that instance
- 18:03was there something that the defense
- 18:05should have done or could have done to
- 18:06maybe better inform this jury in your
- 18:08view yeah I think that my defense
- 18:11attorney number one had never tried a
- 18:13captain case I was the very first
- 18:15captain case that he had tried now yeah
- 18:17it's dead on the case where they plead
- 18:19and when they cleared guilty but he's
- 18:21never tried a capital case so he made a
- 18:23couple of errors that to no fault of his
- 18:26own he was just inexperienced but I
- 18:29think definitely that one of the things
- 18:31that he should have done was that score
- 18:33a hearing on that which should have
- 18:35stopped the trial and asked for a
- 18:36hearing on this year because this man
- 18:38just stood up there and said that my
- 18:39witness for the first time was going to
- 18:43be charged with capital murder she
- 18:44testified during the middle of trial he
- 18:47should have asked for a continuance he
- 18:48should have actually hearing on that and
- 18:50we should have heard what the evidence
- 18:52were then let them feel like my witness
- 18:55would not be a suspect so that was just
- 18:59based on inexperience I mean I've never
- 19:01bashed my defense attorney because I
- 19:03watched him cry when they wrongfully
- 19:04convicted me he really believed in my
- 19:06innocence
- 19:06he was just image theorists and he was
- 19:09dealing with a prosecutor who was con
- 19:11and conniving and speaking the
- 19:12conviction but he definitely could have
- 19:15asked to stop the trial and that's what
- 19:18hearing on that filed a motion for a
- 19:20hearing on that to find out who in fact
- 19:22was this credible or not because the
- 19:26prosecutor had been playing so many
- 19:27games with us but he didn't do that I
- 19:29think the judge should have notified the
- 19:32jury should have been that should have
- 19:34been something in place for the judge
- 19:35who is the referee the neutral party
- 19:38should have said to the jurors
- 19:40once mr. semester's made that statement
- 19:42let's correct the record mission matters
- 19:45were sure to testify
- 19:46those from years four semesters we
- 19:48decided to charge her should she come so
- 19:50we want the jury to understand that but
- 19:52she did not out for whatever reason
- 19:54maybe you don't have that right but if
- 19:56the judge would have taken control
- 19:58seeing that hearing that knowing that
- 20:01mr. Sebastian is lying
- 20:03you know you
- 20:03manipulated truth the jailer should have
- 20:06had the right to say no stop we need to
- 20:09correct the rest he didn't do this he
- 20:11allowed this injustice to take place he
- 20:14set up there in his robe and allowed mr.
- 20:17Sylvester to play with the facts so
- 20:19loosely that it led to my room for
- 20:21conviction and at trial did robert
- 20:23carter ultimately testify against you
- 20:25even though even though I barely knew
- 20:28you and you guys really had no dealings
- 20:30on the night of August the 18th 1992 did
- 20:33he get up and ultimately testify against
- 20:35you he ultimately testified against me
- 20:37because what we didn't know is that they
- 20:41had brought mr. Carter back the night
- 20:43before trial they brought him for his
- 20:46testimony but his testimony mr. Carter
- 20:50was refusing to testify because he said
- 20:52mr. graves is innocent
- 20:55so they say they're gonna take a
- 20:56polygraph test of it they never asked
- 20:59any questions about mr. graves they're
- 21:01actually about his life and being they
- 21:03said well you know you fail the
- 21:04polygraph so you know there's no statute
- 21:07of limitation on capital murder growing
- 21:09up to your wife
- 21:10so that's when mr. Carter sigh I'll give
- 21:13y'all what y'all want
- 21:14we didn't know that mr. Carter was back
- 21:16there refusing to testify on the grounds
- 21:18that I was actually innocent we found
- 21:20this out 10 years later that was not
- 21:22disclosed to you or your attorneys that
- 21:25on the eve of his trial Robert Carter
- 21:28had effectively confessed to the
- 21:30prosecution that you had nothing to do
- 21:32with this case and that he was
- 21:33effectively wrongfully accusing you and
- 21:37come to find out that was about the
- 21:39umpteenth time he had confessed the
- 21:42night that he initially life throughout
- 21:44when it had him in jail and the night
- 21:47before and the morning that he was
- 21:50scheduled to testify during the trial he
- 21:52was refusing on the grounds that he said
- 21:55this man is innocent did you ever get a
- 21:58chance to talk to Robert face-to-face
- 22:00and ask him hey you know why are you
- 22:02fingering me for this crime did you ever
- 22:04do you ever get that answer from him do
- 22:06we know or it just seems odd for
- 22:09somebody to to point to somebody they
- 22:10hardly know well it might mean uh with
- 22:15when you ain't us
- 22:17and you being interrogated by law
- 22:20enforcement who has made up their mind
- 22:22that you do and they're not here nothing
- 22:25else it's very intimidating so I don't
- 22:29blame anyone for saying what they say in
- 22:32those moments because it's very
- 22:33intimidating but the fact of the matter
- 22:35is she did come back and correct the
- 22:37records the same night and that's the
- 22:40part they didn't want to hear now did I
- 22:42ever talk to him about I want to say ten
- 22:46years later we want that roadie job and
- 22:49they had put us on the same pot and
- 22:52their personal training rig group and my
- 22:55neighbor had told me hit on the walls -
- 22:58hey man I think they got that dude in
- 23:00the red group
- 23:01I swear dude we said I do they lied on
- 23:02you the next morning we went out to the
- 23:05red group they brought him out to the
- 23:07red group and what he was out there
- 23:10before me when I walked through the gate
- 23:12I walked right up to him and by time I
- 23:16got halfway to he said man I just want
- 23:18to apologize to you and your family for
- 23:19Lionel and I said to him I said man I
- 23:23don't even wanna know why you lie
- 23:24because whatever reason you lied I left
- 23:27rather for yourself either my attorneys
- 23:29or the press out of state all I'm gonna
- 23:33tell you is this you and I can't be in
- 23:34the same red group together and then I I
- 23:37forgive you but that's for me and that
- 23:41allows me to move a fall but we can't be
- 23:43in the same group do you understand that
- 23:46he said yeah I understand that man and I
- 23:49know how you feel I apologized and he
- 23:51won't go to the gauge neat old officer
- 23:53also I need to get out of this red goo
- 23:55because I live on that man and trial and
- 23:57I also miss doing that and get out and I
- 24:00never seen him again and how did you
- 24:02keep your composure I did when now this
- 24:05is something that's not necessarily in
- 24:06any of the Articles that we've read so
- 24:08this is something at least for me I'm
- 24:11learning first time talking to you which
- 24:13is very very interesting so you meet
- 24:15Robert Carter on death row ten years
- 24:18after you've been wrongfully convicted
- 24:20based on his testimony testimony that it
- 24:23sounds like was perjured testimony was
- 24:25untrue so you're meeting him in the rec
- 24:28yard how did you not just
- 24:31how'd you not deck him I mean most of us
- 24:32would have wanted to just take a huge
- 24:34wild swing at him and and beat him to
- 24:36within an inch of his life what what
- 24:39inside of you kept you calm well first
- 24:41of all let me just correct you say no it
- 24:44doesn't sound like surgery it was rumors
- 24:46about a special court of appeal in fact
- 24:48it was perjured testimony now how I kept
- 24:52my cool but at that time the whole case
- 24:55had become bigger than me this justice
- 24:58guessing that had become bigger than me
- 25:00it wasn't me anymore and I had already
- 25:02discovered that there lies the
- 25:04manipulation of the games that they play
- 25:06to make this man allow me wasn't really
- 25:09about you it was about a system that was
- 25:12broken and I wanted to stay focused on
- 25:15being able to advocate for that in terms
- 25:17of just being upset because they made a
- 25:18man lie on me that they knew was lying
- 25:20the system should not allow a man to
- 25:23just lie on you who don't know you and
- 25:25you lose your life in your freedom those
- 25:28biggest to me didn't just ride the car
- 25:30it was about a system that had failed to
- 25:32protect me when I was in now in the
- 25:35Texas Monthly article that Pamela Koloff
- 25:38wrote in the second installment
- 25:39innocents found there was a point where
- 25:42you were already free you're out of
- 25:43prison and Pamela had asked you whether
- 25:47you were feeling bitterness or anger and
- 25:49I think you said something to the effect
- 25:51of I won't be bitter and angry unless
- 25:54things don't change if things don't
- 25:57change then I'll be bitter and angry do
- 25:59you remember saying that yeah I mean I
- 26:02feel that every day this is why I get up
- 26:04if I share my story and I try to share
- 26:07my experiences so that we understand
- 26:08that me for this great reform and I
- 26:10think that's the only way the state of
- 26:12Texas in the United States and general
- 26:14can apologize to me and over 100 some
- 26:16other reasons walked up that little
- 26:17Street that you change the system you
- 26:19make the system more equal for all of
- 26:21them you know I understand we we make
- 26:24mistakes that's fine we'll bill to make
- 26:26mistakes is that when we don't own we
- 26:28don't admit to them and we start trying
- 26:31to cover things up is that when our
- 26:33system starts to fella when we make a
- 26:36mistake and we admit it we can learn
- 26:38from it and make our system better
- 26:40that's all part of it but we don't want
- 26:42to do that politics is so ingrained in
- 26:44our
- 26:45that we can't afford to be honest do we
- 26:47have to cover everything up and just
- 26:49leave the system as it is and as is
- 26:51getting the lives of people like me do
- 26:54you think maybe the country has become
- 26:56more aware of those are young fully
- 27:00convicted has there been any positive
- 27:01change do you think during during your
- 27:04experience social media has made people
- 27:07more aware about injustice and our
- 27:09criminal justice system than ever before
- 27:12particularly the dead tournament every
- 27:14morning I get up not the articles on
- 27:16Facebook about men who have been
- 27:18exonerated we're just now walking out of
- 27:20fear as a man just walked out of prison
- 27:21less than two weeks ago that is 45 years
- 27:24of his life in prison for crime he did
- 27:27not commit well he was 26 come out with
- 27:29me like 79 okay these stories are
- 27:32happening every day and people are
- 27:34becoming more aware of it so I do feel
- 27:36like things are changing I I not listen
- 27:38I take my head off the tensions but
- 27:40trying to get out in the front this
- 27:41change will make its try surround your
- 27:43own paper but it's on paper right now
- 27:45it's not in practice once we catch up to
- 27:48the paper and start putting in practice
- 27:49Texas would be miles ahead of everyone
- 27:52else on criminal justice reform
- 27:54so I do see changes hey when I was
- 27:56thinking young people taking to the
- 27:57street on gun laws I said man there's
- 27:58hope for a bright future in this country
- 28:00looking for young people to make they
- 28:03are not just sitting here madman
- 28:04politicians telling them what they
- 28:05should think in fear but they're
- 28:07actually taking action and that's what's
- 28:08needed to be across this country we
- 28:10should stand up to injustice just like
- 28:12we stand up to gun violence and when we
- 28:14do that I'd say you can't yeah
- 28:16the system has changed and I don't know
- 28:18fall to the future and seeing how these
- 28:20young kids wanna come up and make us all
- 28:22feel that we're all Americans and not
- 28:24just some of us one of the turning
- 28:27points and I keep going back to Pamela
- 28:29koloff's article from Texas Monthly
- 28:31because the first installment of that
- 28:33innocence lost was the name of it in the
- 28:37very first installment she was
- 28:38interviewing Charles subasta the DA who
- 28:41had prosecuted you the first time around
- 28:43and in it during the interview he had
- 28:46said something to her to the effect that
- 28:47on the night before his testimony Robert
- 28:51Carter had effectively admitted to him
- 28:54that he was having doubts about his
- 28:55testimony that he had wrongfully pointed
- 28:57you out and when Pamela
- 28:59Koloff had asked him that question did
- 29:00Robert Carter say this to you he said
- 29:02something to the effect of he did tell
- 29:04me that yes he did tell me something
- 29:06like that that quote from that article
- 29:10is effectively what the federal courts
- 29:13used to grant your writ of habeas corpus
- 29:15and say yes you were wrongfully
- 29:17convicted and overturn your conviction
- 29:19am I getting that correct yeah I mean he
- 29:22admitted to Geraldo Rivera because his
- 29:25was you know worldö Rivera witness
- 29:27interviewed him and I think about a lie
- 29:29is that if you don't remember to change
- 29:31them and talk the best let me remember
- 29:33the lies they told the convicted me so
- 29:35for the first time he was honest when
- 29:37someone asked him mr. Carter i'ma tell
- 29:39you that mr. Grady then he said yes he
- 29:41told me that he said why don't you
- 29:43pursue great you think it was my gut
- 29:45feeling and mr. green was involved he
- 29:47says the most fact you just your gut
- 29:49fixed they would only explain that how
- 29:51you call us them so yeah
- 29:54so I guess it sounds like maybe the
- 29:56Koloff article got to the attention of
- 29:59Geraldo Rivera he then interviewed
- 30:01Charles subasta and then Charles the
- 30:03beste on television had admitted that
- 30:07Robert Carter had made that admission to
- 30:09him the night before Robert Carter's
- 30:11testimony is that the winnings that well
- 30:13let me let me correct you because it was
- 30:16out of that came down in and really in
- 30:19two thousand thousand okay you know in
- 30:24other words people have known about this
- 30:25case for a long time is it that nobody
- 30:27would in turn Nicole came on board and
- 30:30when the call came on board that's when
- 30:32she took it to the next level she used
- 30:34the information that she gathered to
- 30:36make sure that everybody knew and that's
- 30:38how it got into my brief in front of the
- 30:41Fifth Circuit yeah I'll call we've not
- 30:44introduced Nicole yet let's tell
- 30:45everybody who Nicholas you're talking
- 30:47about Nicole
- 30:48Casarez ring the greatest attorney a lot
- 30:53no I hate that I don't make anybody feel
- 30:57bad but I am Telling You from breathing
- 30:59today the great attorney life tell us
- 31:02about how you came to know Nicole and
- 31:05how your relationship developed and what
- 31:07she did for you that's a it's a very
- 31:09interesting story and we haven't gone to
- 31:10that yet and so let's talk about
- 31:12now let's talk about Nicole and
- 31:14eventually we'll get to Kelly Sigler and
- 31:16that whole cast of characters that
- 31:18eventually walked you to where you were
- 31:21able to walk out of prison yes Nicole is
- 31:24my my big sister and my angel because I
- 31:29watched the woman fight for over eight
- 31:32years without any compensation because
- 31:35she believed in justice that's too old I
- 31:38thought that every prosecutor and any
- 31:41attorney
- 31:41I thought you out anyone cook that and
- 31:44took it seriously but I found out that
- 31:46Nicole really believed in those words
- 31:49the hope that she took now how did you
- 31:51meet Nicole let's start there let's talk
- 31:53about how you guys came to contact all
- 31:55men Nicole is that Nicole is a
- 31:57journalism professor at the University
- 31:59of st. Thomas she and her students were
- 32:02attending a wrongful conviction clinic
- 32:05in University Houston by special Bailey
- 32:08doc who started to test this innocent
- 32:10network and David was talking about my
- 32:12case because a freelance reporter had
- 32:16contacted him and said hey y'all really
- 32:18need to look into this case so they was
- 32:20talking about my patients out of my
- 32:22house on a fast track for an execution
- 32:24was a lot of Investigation needed to be
- 32:27done in it and then they just asked him
- 32:29who would like to look into it Nicole
- 32:31and her students they looked at each
- 32:34other my buddy else ready to end and she
- 32:36has raised her hand and they were
- 32:38excited but look into a case not because
- 32:40they thought I was innocent they just
- 32:42want to look into the Cape so Nicole and
- 32:45her students start looking into my case
- 32:47started going around reading about it
- 32:49and finding witness and talked to before
- 32:51they even came to me and after I think
- 32:54she told me she had been doing this
- 32:56research in my case for two years then
- 32:58finally came down the death Road visit
- 33:00me one day and when she came she said
- 33:04that and she asked me is there anything
- 33:06you want to tell me and I remember the
- 33:08first thing I told yes ma'am first thing
- 33:11I want you to know I'm not going to sit
- 33:13out here and try to prove to you that
- 33:14I'm in I'm just going to ask you if you
- 33:17were help me with this case because if
- 33:19you do your job you find evidence you'll
- 33:21find out that I am it but I didn't want
- 33:24to tell her that didn't want to try to
- 33:26that I was gentlemen because that is
- 33:28just notion is the stigma that everybody
- 33:30that goes to prison outside their
- 33:32influence and that is just so far from
- 33:34the truth but it works for politician I
- 33:36didn't feel that I could just say that
- 33:40and feel comfortable with it because I
- 33:41didn't want her to say Yeah right
- 33:42everybody say the innocent so I said do
- 33:45the work and she went up and she did to
- 33:48work and it took eight years that she
- 33:50went on and she found all the evidence
- 33:52that truly pointed to my actual
- 33:55innocence land and I I ended up walking
- 33:57out of prison because of that great one
- 34:00can you tell us what it was like walking
- 34:03out of incarceration into freedom for
- 34:05the first time what did that feel like
- 34:06wow man you know so let me tell you
- 34:11about that day so I woke up I'm behind
- 34:13bars and I'm writing I'm responding to
- 34:15some questions that Pamela Koloff had
- 34:18written to me and we got an article that
- 34:21she had been right and the reason why we
- 34:23have it is like that because the sheriff
- 34:25and the general understands that Pamela
- 34:27could not come back and visit me without
- 34:29being on the telephone so they can hear
- 34:30everything we're talking about so we
- 34:32were losing our recruitment as a media
- 34:35come on cleared it so we decided that we
- 34:38would just resort to right and I was
- 34:42sitting there right and she was asking
- 34:43me I she asked me about Kelly see and I
- 34:46was right to her so yeah I've heard that
- 34:49she is the type of person that will
- 34:51throw anything on the wall and see if it
- 34:52speaks and mission ever a reputation I'm
- 34:55not afraid of it I'm innocent she can't
- 34:57change and right Xena they also came and
- 35:01knocked on my window because they still
- 35:03had me in solitary confine and he told
- 35:06me put my shirt on let's go walk down
- 35:08the hall you taking me somewhere I asked
- 35:10where he was taking me like just come on
- 35:12roll with me and we ended up walking
- 35:15down the hall and I got afraid because
- 35:16I've never been up front before and I
- 35:19thought maybe my turning was here but he
- 35:20didn't take me that way so I told him I
- 35:22said man I can't go nowhere with you
- 35:24officer without my turn it because by
- 35:25the end I learned by eating versus
- 35:27Wainwright and I wasn't going nowhere no
- 35:29I'll see what I return and so when I get
- 35:32up to the finally get to the front it
- 35:34just in my paranoia he opened up the
- 35:36door and I seen the cold air so Nicole
- 35:38she stood up
- 35:40and I could tell she was fighting tears
- 35:42and in my mind I was just thinking we're
- 35:44you know it's just a more bad news but
- 35:46they're gonna kill me are they gonna
- 35:48free me because I was refusing to take
- 35:50any type of a deal even just to walk out
- 35:52that day I told them you're gonna have
- 35:54to feed me in myself because you gonna
- 35:55kill me I'll freed me I'm not gonna
- 35:57compromise the truth
- 35:58and so this particular day she stood up
- 36:00and she told me she said hey Anthony
- 36:02remember when you told me that God would
- 36:04do and I said yes but in my mind I was
- 36:07wondering well food because I was hungry
- 36:09I didn't know what was about to help and
- 36:11she told me and she said well I just
- 36:13want to let you know that God is good
- 36:15because the state just dismissed all the
- 36:17charges against you and I was like what
- 36:19she said yes miss eagels dismiss all
- 36:21charges against you and she's not she's
- 36:22not dismissing them because evidence got
- 36:24lost or witnesses have bad she dismissed
- 36:28me because she believes in your
- 36:29innocence that she's gonna go on
- 36:30national television let the whole world
- 36:32know and all I could I do is I thought
- 36:34what do I do now you know I've been
- 36:38incarcerated for eighteen and a half
- 36:40years and I've been fight for this day
- 36:42but I'm still fight even though the day
- 36:44is arrived and I didn't know I put my
- 36:46shield its water down and so I asked him
- 36:48what do i do man and she said well you
- 36:49don't put your clothes on get out of
- 36:51here by that time the officer came to
- 36:53say you wanted to meet your proxy I said
- 36:56yeah but I didn't want no property I was
- 36:58just so discombobulated because I
- 36:59couldn't believe that's find me this day
- 37:01is this day that I dream so many dreams
- 37:03about and if there's not going to be
- 37:05real how am I gonna come back from this
- 37:07so I was so scared to even believe the
- 37:09information that she had just told me
- 37:11you know and that when I walked out in
- 37:13the hallway just started to dawn on me
- 37:15that came in it's over it's over you
- 37:20know and so when I got to the film and I
- 37:22asked me what did I want they're not
- 37:24making total mind or nothing I want to
- 37:26get the hell out of there before y'all
- 37:27change our mind so he said well you know
- 37:29you want your pictures and everything
- 37:30and yeah I took my pictures and my legal
- 37:32working just like that at 45 years old I
- 37:35went when I was 26 that's 45 years old
- 37:39I was walking out the side door with
- 37:42jail with everything I own in a little
- 37:45box from 18 had yielded from the
- 37:48convicted this is the fall of 2010 right
- 37:51when you walk down
- 37:53I walk that I took the 27 2002 now there
- 37:57was for the benefit of all the listeners
- 37:59who were wondering
- 38:00we've talked a bit about Kelly Sigler
- 38:01and Anthony if you don't mind I'm gonna
- 38:03try to summarize this just to make sure
- 38:05everybody knows Kelly Sigler she was
- 38:07appointed the special prosecutor over
- 38:09your case after your writ of habeas
- 38:12corpus was granted at the federal level
- 38:15so she was supposed to effectively
- 38:17reprosecution in the process of going
- 38:20over all of the boxes of information and
- 38:23going over witness reports talking to
- 38:25people she and she in another Texas
- 38:28Ranger had effectively spoken to 60
- 38:30people in the course of a 30 day period
- 38:31and at the end of this process she came
- 38:35to the conclusion just as Nicole Casarez
- 38:37had that you were completely innocent
- 38:40so Kelly hey yeah as the prosecutor had
- 38:43basically said I'm not gonna pursue this
- 38:46case is that a fair assessment yeah you
- 38:49know yeah it is because I spoken with
- 38:52her several times since I mean we're
- 38:54friends now but yeah she told me she
- 38:57that I came in and we prosecute you send
- 38:59me back to death row I went through 25
- 39:02boxes of evidence and I just see not one
- 39:04thing that connected you to this crime
- 39:05and then I started going over all the
- 39:07records of the DA and I'm started seeing
- 39:10all the things that the prosecutor was
- 39:12doing and I was like oh my god I just
- 39:13literally start saying this how this man
- 39:15was was really just breaking all the
- 39:17rules to convict someone in her and she
- 39:20said but not I didn't want to stop that
- 39:21so I went and I called in all my
- 39:23investigators one by one and I asked
- 39:26them what did they think about this case
- 39:27she said mr. Gray's each investigator
- 39:30said to me this man is innocent and she
- 39:32said that's when I went to the
- 39:34prosecutor and told him we have to
- 39:35dismiss this case because this manager
- 39:37they together went to the jury and they
- 39:39told the judge you have to release this
- 39:41man he needs time of dismissal daughter
- 39:44because he's innocent and she was
- 39:45refusing to do so so they basically had
- 39:47the village to go to the media and tell
- 39:50the media that she refused and let
- 39:51innocent man go if she didn't just try
- 39:53to dismiss a lot so reluctantly she
- 39:56signed the dismissal order and that's
- 39:58how I ended instantly walking about to
- 40:00do was life on the outside
- 40:03hard after eighteen and a half years was
- 40:05an adjustment or
- 40:07did you just come back out and pick up
- 40:09right where you left off no my man's a
- 40:11big adjustment man the whole world has
- 40:13changed on me technology has changed
- 40:14more houses didn't build and by seeing
- 40:17like things on top of each other
- 40:18politics was ingrained I mean it was
- 40:21just really crazy man and uh but he was
- 40:23excited because I had fought for my
- 40:25right to be free because that was my
- 40:27right I hadn't done nothing wrong
- 40:29for them to take it so it was exciting
- 40:31but it was scary I I went through a lot
- 40:34of emotions man I've met with a lot of
- 40:36things because uh it was just all man it
- 40:40was just one day where I lived outside
- 40:43my body because I could not believe what
- 40:46was happening even though I thought all
- 40:48this time I just feels outside my body
- 40:50and watch myself how I tried to I guess
- 40:54kind of put myself back out here and be
- 40:57part of a normal society
- 40:59it was very challenging so tell us this
- 41:01what was the very first thing you ate
- 41:03when he got out of prison very first
- 41:05thing I ate man I went home with my
- 41:08investigator
- 41:09Rico Hayden and his wife had made a pot
- 41:14roast cuz she flushes but she made a
- 41:17pyro and you know some pot roast
- 41:19that's prevents that sounds pretty
- 41:23interesting it's all you told me earlier
- 41:26you had a kolache for breakfast so
- 41:27you're having kolaches for breakfast and
- 41:29Russian pot roast for dinner this is
- 41:30great you know but I didn't really eat
- 41:33that much because I could I was so
- 41:35excited so let's say I was presented
- 41:38with an opportunity to eat rose but I
- 41:40could so the next one is when I really
- 41:42ain't and I was barbecue we I had me
- 41:46with a lot of media in Houston I was in
- 41:48Austin so we had to drive lower back
- 41:50tasting and the guy with my
- 41:51investigating like you want to get some
- 41:53meat man it was mighty I'm gonna clap I
- 41:55was like yeah man let me get some
- 41:57barbecue I haven't had barbecue in 20
- 41:59years so we stopped barbecue for
- 42:01breakfast i back to the clock level of
- 42:05let's say 11 o'clock so yeah it's like a
- 42:07brunch so your barbeque brunch and it
- 42:09was good to cook by time I got to
- 42:11interview I had about you juice all over
- 42:14my shirt I had to go change my shirt for
- 42:16the media yeah so barbecue that I first
- 42:20time
- 42:21and it was really delicious now tell us
- 42:25a little bit about the book infinite
- 42:27hope what inspired you to write this and
- 42:30we hoping people take away from the book
- 42:33Wow what is five new directors you know
- 42:36since I've been out I have I've done a
- 42:39lot you know I really put my story out
- 42:42there I was the first one to take a very
- 42:45bumpy grievance to see where I just the
- 42:49prosecutor and had in this book I took
- 42:52advantage of the amendment of that love
- 42:54allowed me to do that I've been
- 42:56traveling all over the world educating
- 42:58people about our need for criminal
- 43:00justice reform and telling my story from
- 43:02here to wrong and in other places and
- 43:06you know it just got to the point where
- 43:08every time I will go and do something
- 43:10someone will come up to me and talk
- 43:12about how inspired they were with my
- 43:14life story and it just made me feel like
- 43:17you know I need to put this between the
- 43:19pages of the book so that so that many
- 43:22others can read and hear this story
- 43:24because it's a great story and it speaks
- 43:28to our need to be involved in our
- 43:30criminal justice system this we shall
- 43:32need to reform it and it just speaks to
- 43:34me having hope regardless of your
- 43:37circumstances in life so at that point I
- 43:40decide that you nama sit here and write
- 43:41this book because actually I started in
- 43:43Wilde
- 43:44death-rope but I put it up because I
- 43:46feel like it the journey had been
- 43:48completed I wanted to complete the
- 43:50journey by just born the prosecutor I'm
- 43:51just gonna be on and once I just brought
- 43:53the prosecutor I was like okay it's time
- 43:55to write the book because I wanted to
- 43:57show people how when you do good good
- 43:59can come back to you but when you do bad
- 44:01at some points to catch up with you now
- 44:03in your books you've got a poem here
- 44:05called surviving death row yes yeah at
- 44:08the very beginning of part three of your
- 44:10book if you have that available in front
- 44:13of you would you mind reading us that
- 44:16poem uh it's a powerful poem you wrote
- 44:19you would ask me that but I think it
- 44:22it's like yeah it's I also wrote a poem
- 44:29about a good
- 44:33judge well I was just thinking about how
- 44:36avaricious me to death
- 44:37get like he's gonna live forever you
- 44:39know we don't become immoral because we
- 44:42believe in the death penalty
- 44:43you know it's not that in a jumpsuit
- 44:45because you believe in the death penalty
- 44:46and so I was in and my [ __ ] one night
- 44:51just thinking it's like three something
- 44:52anymore so I just started right needs
- 44:55corn and actually I wrote the one year
- 44:58talking about about three o'clock that
- 45:00morning and then there's another one in
- 45:03your book on page 104 called the judge
- 45:05he wrote the judge in 2004 so you can
- 45:09pick you want to read the judge or do
- 45:10you want to read prison life let me read
- 45:13okay I'm a reprove like jazzy sing and
- 45:18surviving that road you want me to uh to
- 45:21read it uh yeah read it for us and says
- 45:25[ __ ] in this six by nine self living
- 45:29under conditions worse than hell blocks
- 45:32away from society simply because the man
- 45:35lied on everyone says stay positive but
- 45:40it's a struggle every day these
- 45:42conditions discouraged me that [ __ ]
- 45:44won't go away I'm not always the best of
- 45:47mood especially when I see the ball I'd
- 45:50rather be lying on the beach looking at
- 45:53the moon and the star convicted for a
- 45:55crime I didn't commit is this feeling I
- 45:57can't explain it's the kind of thing
- 46:00that drives a man insane you're a strong
- 46:03man is what I often hear the man I don't
- 46:06think people really understand my fear
- 46:09sitting in the cell 23 hours a day
- 46:11standing at the things that's making my
- 46:14body decay I just shake my head when I
- 46:17sit here and think how the hell did I
- 46:20end up here this place stinks
- 46:23somebody anybody get me out of this
- 46:26place
- 46:26I'm not an animal I'm part of the human
- 46:29race but I guess I lie down and try to
- 46:33sleep because I really haven't gotten in
- 46:35in a week
- 46:36don't forget to tell your friends about
- 46:38prison life
- 46:39this place isn't for me for me children
- 46:43are your wife so I pray that you never
- 46:46get to see this
- 46:47place it's not a pretty sight it doesn't
- 46:52have a face his prison life yeah I was
- 46:56just laying in the bed man and I was
- 46:58looking at the wall and I was thinking
- 46:59about my life and it's like I'm dying up
- 47:02here
- 47:02I mean emotional death row I mean
- 47:07haven't done nothing to nobody
- 47:10I'm a good person how the hell I end up
- 47:13on that float and then all of a sudden
- 47:15my opinion was in my hand and I started
- 47:18right and I've never written a poem
- 47:19before so these were my real emotions at
- 47:23that time so you went from being on
- 47:26death row
- 47:27at that time a convicted felon to now
- 47:29being a published author and a and a
- 47:31speaker on criminal justice reform you
- 47:33know Anthony out ladies gentleman the
- 47:35book is infinite hope you really should
- 47:36get your hands on it's a powerful piece
- 47:38and for lawyers in particular you know
- 47:40it's we need to remind ourselves that as
- 47:43much as the system went wrong it was a
- 47:45group of lawyers and journalists who all
- 47:48helped to set this ship right as well so
- 47:50you know let's get our hands on on this
- 47:52book let's read it and as lawyers let's
- 47:55make sure that we study what happened
- 47:56and try to do what Anthony has asked us
- 47:59to do and see how we can improve our
- 48:01system Anthony has been a pleasure to
- 48:03have you here your story is very
- 48:04powerful and I wish we had all day wish
- 48:07we had a whole week to talk to you about
- 48:09your thoughts and your experiences but
- 48:10you've really given us a lot to think
- 48:12about so thank you so much for being
- 48:14here
- 48:15well rocky I really really appreciate
- 48:18you guys inviting me on the show
- 48:20man it just tells me that God is always
- 48:22good because every day that I get to
- 48:24share my story is a good day it's a day
- 48:27that's gonna help move the meeting today
- 48:29this one also save a life so thank you
- 48:31guys for the platform this morning I
- 48:33really appreciate it
- 48:34well Anthony thank you again I hope you
- 48:37enjoyed what he had to say it was an
- 48:38amazingly powerful message and just a
- 48:41compelling story so what's there to
- 48:44learn from this what can you take away
- 48:46well we're gonna find out I want to be
- 48:48joined here in just a few minutes by
- 48:50Patricia mechanical and Lowell Brown
- 48:52with the State Bar of Texas so we're
- 48:54gonna take a quick break and Patricia
- 48:55and Lowell are gonna join us so it's
- 48:56stay tuned I'll be back in just a couple
- 48:58of seconds
- 48:59[Music]
- 49:07[Applause]
- 49:10and lazy tell me we are back this is
- 49:12rocky deer with Texas bar talk the
- 49:14official podcast for the State Bar of
- 49:16Texas and how appropriate that I have a
- 49:19couple of very very honored colleagues
- 49:20here with me both from the State Bar of
- 49:23Texas
- 49:23we've got Patricia mechanic oh she
- 49:25should be no stranger to any of you out
- 49:27there who read the Texas bar journal
- 49:28she's a managing editor for the Texas
- 49:30bar journal and Patricia do a fantastic
- 49:32job it's a great publication and we've
- 49:35got Lowell Brown Communications Division
- 49:37director for the State Bar of Texas
- 49:39they've actually been here in the studio
- 49:42this entire time when we were talking
- 49:44with Anthony and it was such a powerful
- 49:47story we had to take a few moments and
- 49:49talk Patricia you're actually the one
- 49:51who suggested bringing Anthony on how
- 49:54did you come to learn about him and what
- 49:57do you want Texas lawyers to learn from
- 49:58this whole experience well rocky I first
- 50:01learned about Anthony graves when I was
- 50:04actually working at Texas Monthly and
- 50:06one of my colleagues was Pamela Koloff
- 50:08who was working on this story so I have
- 50:12followed it for for many years and then
- 50:15when I learned that he had a new book
- 50:17out I thought that this would be a great
- 50:18opportunity for our listeners to hear
- 50:22his story if they had not already heard
- 50:24it before
- 50:24and as I was reading the book the one
- 50:27thing that really struck me at the very
- 50:29beginning of the book was the day that
- 50:31he was thrown in jail and he felt like
- 50:35he was innocent and he didn't do
- 50:36anything wrong and what really struck
- 50:37out at me was that he didn't really
- 50:40think that he needed a lawyer because he
- 50:42assumed that everyone knew that he was
- 50:44innocent because it seems so absurd to
- 50:46him that he was actually getting thrown
- 50:48in jail for a crime that he knew that he
- 50:50didn't commit and so to me that really
- 50:53rung home that you know even though you
- 50:56may be you think you're innocent you
- 50:58really don't realize the role that a
- 51:00lawyer can play in shaping what happens
- 51:03to you going through the legal process
- 51:05well it's funny because you know when we
- 51:07watch shows on TV these crime shows and
- 51:10and law shows the characters especially
- 51:13the the police officer characters on
- 51:15these shows they often kind of throw
- 51:18their arms up and roll their eyes the
- 51:19minute the person playing the suspect
- 51:22says I want a lawyer
- 51:23and they say well okay what do they need
- 51:25a lawyer for if they're innocent that
- 51:27seems to be portrayed in the popular
- 51:28media and so Patricia what you're saying
- 51:31is it's a hugely important issue that a
- 51:33lot of people don't realize because they
- 51:34watch TV and they think why would I need
- 51:35a lawyer if I'm actually innocent Lowell
- 51:38do you think media plays a role in this
- 51:40and how do we as lawyers maybe at least
- 51:43attempt to overcome that sure I think
- 51:46there is an incredible world that
- 51:48lawyers can play individually and
- 51:50through the State Bar of Texas and and
- 51:52that is through one of the issues of the
- 51:54State Bar of Texas is law related
- 51:56education and starting that initiative
- 51:58early in schools so our State Bar law
- 52:01related education department really does
- 52:03stress the role of lawyers in society
- 52:06and why they're so important and they
- 52:08actually develop curriculum that takes
- 52:09it into schools so I think the earlier
- 52:11we start it and the more we can spread
- 52:13the word through the media the more
- 52:15people will be aware of their rights
- 52:16it's a such a huge issue that I think a
- 52:19lot of us don't often often think about
- 52:21at least in our daily lives we get
- 52:23wrapped up in law practice we don't
- 52:24think about the bigger picture this book
- 52:28infinite hope that we heard Anthony
- 52:30talked a bit about do you think it's a
- 52:33real an Anthony's talk in general do you
- 52:35think it's a real indictment on our
- 52:37legal system or is there something maybe
- 52:39different at play I mean either one of
- 52:41you what do you guys think is really the
- 52:43takeaway from this well I think what are
- 52:45the reasons we wanted to bring it to our
- 52:46listeners is that although lawyers in
- 52:49the legal system were a part of what
- 52:51went wrong in Nathan's case ultimately
- 52:53it also shows how they're good lawyers
- 52:56who are working and committed to justice
- 52:59and seeing the justices done can also
- 53:00right wrongs and it's great to see in
- 53:04this story how there were dedicated
- 53:06lawyers and also journalism students and
- 53:09reporters who were pursuing the truth
- 53:11and how the truth did went out
- 53:13absolutely and now Patricia when Pamela
- 53:16Koloff was investigating this story and
- 53:19was about to write it did you get a
- 53:21chance to talk to her behind the scenes
- 53:22and what she was learning as she wrote
- 53:24it or did you did you come to know of it
- 53:26once it was published in Texas Monthly
- 53:28if I remember correctly I think she did
- 53:32talk about the story a little bit as she
- 53:34was writing about it but she didn't give
- 53:36away too much she
- 53:37is really focused and working on it and
- 53:40crafting her article she's a very
- 53:43in-depth reporter that really listens to
- 53:45all aspects of things that are going on
- 53:47and and then puts together a story that
- 53:51can really be powerful as we can see I
- 53:53do remember that once the story came out
- 53:57it was just one of those stories where
- 54:00we knew that it was important to be out
- 54:03there and that it was hopefully
- 54:05something would result from the article
- 54:07that once it came out do you think she
- 54:09was surprised that it played such a
- 54:12pivotal role and ultimately freeing
- 54:13Anthony Graves I can't speak for her but
- 54:16I can only think that knowing her and
- 54:20knowing that she likes to seek the truth
- 54:22that I'm sure that that she was happy
- 54:25that the truth did finally come out very
- 54:29interesting story about the interplay
- 54:30between the legal system and journalism
- 54:33and how the two kind of worked together
- 54:34to help right or wrong well Patricia and
- 54:37Lowell thank you again for being here I
- 54:39hope you've enjoyed listening to what
- 54:41Patricia and Lowell had to say and for
- 54:42the contributions that they made they
- 54:44both raised some very important points
- 54:45but more importantly you know these two
- 54:47are rock stars and if you have not yet
- 54:50you need to make sure that you come to
- 54:52this State Bar of Texas annual meeting
- 54:53every year happens in June and you don't
- 54:56want to miss it it's in a different
- 54:57Texas City every year it's a lot of fun
- 55:00and you meet a lot of folks and one of
- 55:01my favorite things is to hang out the
- 55:03State Bar staff so Patricia Lowell thank
- 55:05you again and thank you for listening to
- 55:08the State Bar of Texas podcast if you
- 55:11like what you heard today you know where
- 55:13to find us you can find us at legal talk
- 55:14Network com there's a lot of amazing
- 55:16content up there you don't want to miss
- 55:18it
- 55:18also remember to please rate us in Apple
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- 55:24thank you again we'll see you next time
- 55:31if you'd like more information about
- 55:32today's show please visit legal talk
- 55:34network comm go to Texas bar comm slash
- 55:38podcasts subscribe via Apple podcast and
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- 55:51and iTunes the views expressed by the
- 55:55participants of this program are their
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- 55:59nor are they endorsed by the State Bar
- 56:02of Texas legal talk network or their
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- 56:13be considered legal advice as always
- 56:15consult a lawyer
- 56:16[Music]
- 56:19you
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