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Anthony Graves on Overcoming a Wrongful Conviction — Transcript

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  1. 0:04welcome to the State Bar of Texas
  2. 0:06podcasts your monthly source for
  3. 0:09conversations and curated content to
  4. 0:12improve your law practice with your host
  5. 0:14rocky dear hi and thank you for being
  6. 0:21here welcome to the State Bar of Texas
  7. 0:22podcast this is your host rocky deer if
  8. 0:25you're just tuning in we have an amazing
  9. 0:28episode for you today it's a very
  10. 0:31compelling story my guest today is
  11. 0:32Anthony graves now Anthony spent 18 and
  12. 0:36a half years wrongfully convicted behind
  13. 0:39bars
  14. 0:40he has emerged from that entire story as
  15. 0:43the published author of a book called
  16. 0:45infinite hope and Anthony's gonna tell
  17. 0:48us not only about his story and what
  18. 0:50transpired starting in 1992 up until his
  19. 0:53release in 2010 he's also going to tell
  20. 0:55us about the process of writing infinite
  21. 0:57hope it's an amazing story and as
  22. 1:00lawyers there's a lot we can learn from
  23. 1:02this so without any further ado let's
  24. 1:03get started Anthony are you there yes
  25. 1:06how are you I'm doing great it's an
  26. 1:08honor to have you on our show thank you
  27. 1:10for being here thank you for inviting me
  28. 1:12now Anthony I don't remember what I was
  29. 1:15doing on August 18 1992 I think at that
  30. 1:19time I was probably in the summer after
  31. 1:22my senior year of high school and I was
  32. 1:23waiting to go off to college that for
  33. 1:26you however was a very very big day yeah
  34. 1:29it's the day that I will no forget you
  35. 1:32know I had to think about that day for
  36. 1:35six thousand six hundred forty days of
  37. 1:38my life I was wrongfully convicted and
  38. 1:40incarcerated about what was I doing that
  39. 1:43night and why why have I ended up on
  40. 1:47death row behind I mean I was at home
  41. 1:49with my family and now I'm sitting on
  42. 1:52death row so I had to think about that
  43. 1:54night and relive that night over and
  44. 1:56over and over again because I just could
  45. 1:58not understand how with my actions that
  46. 2:02night being home with my family in the
  47. 2:07me up on death row for crime on you
  48. 2:09absolutely nothing about it just blows
  49. 2:11our mind as I pretend to think about
  50. 2:13today so let's go back to that night the
  51. 2:16night of August 18th 1992 when your life
  52. 2:19changed forever the ensuing 18 years you
  53. 2:22were incarcerated and then later
  54. 2:24exonerated 18 years of your life I mean
  55. 2:28that's basically if your incarceration
  56. 2:30were a person it would have grown to the
  57. 2:32legal age of majority by that point
  58. 2:35myths that is an entire lifetime for
  59. 2:37some people that's a very very long time
  60. 2:39so August 18 1992 there was a horrific
  61. 2:43horrific murder an arson that took place
  62. 2:47can you tell us a little bit about the
  63. 2:49crime for which you were eventually
  64. 2:51convicted and then exonerated what
  65. 2:54exactly happened yes that was the crime
  66. 2:56that took place in a small town some of
  67. 2:59your taxes an entire family had been
  68. 3:01murdered I was six people total
  69. 3:03that's four children under the age of 10
  70. 3:06that was a 16 year old daughter and a 45
  71. 3:10year old grandma they were shot stabbed
  72. 3:13Lundy to death I got the legal support
  73. 3:15all over their body and the house was
  74. 3:17burnt down and so imagine a crime of
  75. 3:21that magnitude in such a small County I
  76. 3:23was a lot of outrage and [ __ ] and so as
  77. 3:27a matter of fact the mayor of a County
  78. 3:29at the time came out and said that
  79. 3:32whoever had done the crime didn't even
  80. 3:34deserve a trial they should be caught
  81. 3:35and hanged and that saw the way they
  82. 3:37proceeded with the case because a week
  83. 3:39later they had a funeral and a young man
  84. 3:42showed up with bandages all over his
  85. 3:44body
  86. 3:44and the instant became a suspect this
  87. 3:47young man was the father of one of the
  88. 3:48children that had been murdered in the
  89. 3:50fire and so when the funeral is over in
  90. 3:54a Texas Ranger file at home that's they
  91. 3:57could talk to him took him to the DPS
  92. 3:59office to interrogate him over 40 no
  93. 4:01still serve everybody knows everything
  94. 4:03that he said but at the end they asked
  95. 4:05him to call her name was someone who
  96. 4:06could have done it with him they let him
  97. 4:08go he accorded to his story thought he
  98. 4:12had seen me and a jeep with some other
  99. 4:14guys on his way to the DPS office and
  100. 4:16when they asked him to call a name being
  101. 4:19that he thought he had just seen me
  102. 4:20previous he called my name that's gonna
  103. 4:23give us stories he gave several
  104. 4:24different stories and within
  105. 4:27that was a knock on my door I was taken
  106. 4:29to the police station charged with
  107. 4:31capital murder sat in jail for two and a
  108. 4:33half years awaiting trial and I was
  109. 4:35wrongfully convicted and sentenced to
  110. 4:37death just all my life now let's talk
  111. 4:40for a second about the man with the
  112. 4:42bandages who had named you to the Texas
  113. 4:44Rangers his name was Robert Carter right
  114. 4:47okay did you know Robert Carter during
  115. 4:51this time how were you guys acquainted
  116. 4:53I mean tell us about your relationship
  117. 4:54with him yeah it's so crazy because this
  118. 4:57young man has married a cousin of mine
  119. 5:00that I grew up with and we grew up close
  120. 5:02but you know just like with any family
  121. 5:04tree when you grow up you spread out and
  122. 5:06you know but that was still my cousin so
  123. 5:08I imagine just doing their time that
  124. 5:11they talked about their family tree so
  125. 5:13he knew my name through my clothes but
  126. 5:16we never had a personal relationship as
  127. 5:18I sit and talk to you now I talked to
  128. 5:22you more than I had a conversation with
  129. 5:23him
  130. 5:24it's just strange that he called my name
  131. 5:27with we had no connections other than my
  132. 5:30cousin Larry Manson and I end up on that
  133. 5:33girl he couldn't even tell you my
  134. 5:35nickname on the streets he couldn't tell
  135. 5:37you anything about me and yet they made
  136. 5:39him out to be my best friend and then
  137. 5:42that caused me to lose my freedom now
  138. 5:44you mentioned earlier that you were you
  139. 5:47sat in jail for about two years so you
  140. 5:49were convicted in 1994 and then
  141. 5:52sentenced to death row when when you
  142. 5:56were awaiting trial when the
  143. 5:57investigation was taking place there was
  144. 5:58a there was a district attorney named
  145. 6:00Charles uh beste and the lead Texas
  146. 6:03Ranger on the case ray Coffman well when
  147. 6:06you talk to them when they questioned
  148. 6:07you about this particular case or your
  149. 6:09involvement in it I'm assuming you told
  150. 6:12him you were innocent you were able to
  151. 6:13give him names of people that that could
  152. 6:16vouch for your whereabouts what happened
  153. 6:19with all that why would they pinpoint
  154. 6:20you listen I just described Who I am at
  155. 6:24that time I'm a young black man was not
  156. 6:27many resources okay another young like
  157. 6:30man just lied on me and said that I was
  158. 6:32involved in a crime that drives the
  159. 6:34highest emotion it's a recipe for
  160. 6:37success for a district attorney who
  161. 6:39wants to just seek a conviction
  162. 6:41all you have to do is get someone in
  163. 6:43there with no resources that looks like
  164. 6:45me thinking in the case on here that's
  165. 6:48exactly what happened with me because
  166. 6:50there was no reason for them to pursue
  167. 6:54me the way they did when they had all
  168. 6:56the evidence that suggested that I was
  169. 6:58indeed innocent as a matter of fact we
  170. 7:00found our ten years later that mr.
  171. 7:03Carter who initially lied on me the same
  172. 7:06night told him that he lied and that I
  173. 7:08was innocent
  174. 7:09they never divulge that information to
  175. 7:11us they just went on and pursued the
  176. 7:13case and set me in jail like two and a
  177. 7:15half years trying to build a case on me
  178. 7:17out of thin air so it was just bad
  179. 7:20judgment I think it was very intentional
  180. 7:23because they didn't think anyone would
  181. 7:25question their integrity around such a
  182. 7:27high-profile case that's a big problem
  183. 7:30for our system there are not many checks
  184. 7:32and balances when it comes to district
  185. 7:34attorneys and our law enforcement and at
  186. 7:36least our citizens and our people one
  187. 7:38roll out here I was runnable to
  188. 7:40assistant out and it's decided that they
  189. 7:42wanted to convict me of crime I didn't
  190. 7:44commit
  191. 7:44now eventually when you went to trial in
  192. 7:471994 can you tell us a little bit about
  193. 7:50the type of case that the prosecution
  194. 7:52put on and the type of defense that you
  195. 7:55put up obviously there was a jury and
  196. 7:57there was it there was a jury verdict
  197. 7:59and I think most people tend to think
  198. 8:01that when a case goes to jury at that
  199. 8:03point whatever the jury decides must be
  200. 8:06the correct decision in your case that
  201. 8:08turned out not to be the case so can you
  202. 8:09walk us through what happened at the
  203. 8:11trial stage let me let me take you to
  204. 8:14the initial
  205. 8:15lorelei proceedings I think is very
  206. 8:17important this is when the jury is being
  207. 8:20questioned about the case this is when
  208. 8:22the jury is being questioned we'll see
  209. 8:24if they can qualify to say I can do a
  210. 8:26fair and impartial verdict okay sure
  211. 8:28well that's how it's supposed to be I
  212. 8:30but fortunately that's not always the
  213. 8:33case anyway so doing boy I got you know
  214. 8:37my attorneys in the state can question
  215. 8:40each potential juror come up there you
  216. 8:43guys know and they examine the Georgia
  217. 8:45state to qualify my attorney would ask
  218. 8:49each potential jury one course in at
  219. 8:53least six to seven
  220. 8:54tenem I remember would have the same
  221. 8:58response and that question was how do
  222. 9:01you feel about my client mr. gray
  223. 9:03sitting here today and a lot of response
  224. 9:06was he must have done something
  225. 9:08otherwise you wouldn't have of you they
  226. 9:11became the jury of my peers that's
  227. 9:14something really fundamentally wrong
  228. 9:16with that that someone can sit up that
  229. 9:18and prejudge you before the trial even
  230. 9:21starts and we still qualified to sit on
  231. 9:24the jury because we have this
  232. 9:26rehabilitation of the jury by asking
  233. 9:29them if he can follow the law that is so
  234. 9:34it's so wrong on so many levels
  235. 9:36because this men and these women
  236. 9:39initially said I had to have done
  237. 9:41something and yet they will qualify for
  238. 9:44sit on my jury that was a recipe for
  239. 9:47disaster from day one okay so so Anthony
  240. 9:51if I could if I could just and I don't
  241. 9:52mean to cut you off but you raised an
  242. 9:54interesting question that I think a lot
  243. 9:56of specifically lawyers in Texas would
  244. 9:58be interested to maybe dive a little bit
  245. 10:00more deeply into so it sounds like
  246. 10:03you're saying in some parts of the
  247. 10:05country they got four deer and here in
  248. 10:06Texas we call it voir dire that the voir
  249. 10:08dire process is flawed
  250. 10:11based on your experience how do you
  251. 10:13think we should change it since you went
  252. 10:15through this and you've had time to
  253. 10:16reflect on it what should have been done
  254. 10:17differently in your view what I think
  255. 10:21what should definitely change it's
  256. 10:23called the shuffle another judge I don't
  257. 10:25think that you should be allowed to
  258. 10:27examine certain people and then when
  259. 10:29those that come up front that don't look
  260. 10:31like you you could get a chance to shut
  261. 10:33Reese up with the jury and get the ones
  262. 10:35that look like you to come back up to
  263. 10:36the front I think that's just bad it's
  264. 10:39bad on so many levels I think it also
  265. 10:40goes up against the back promotion I
  266. 10:42also feel like in when it comes to the
  267. 10:45jury
  268. 10:46once we select the journey a journey has
  269. 10:49to be better informed with their role
  270. 10:51what role they do play in this thing
  271. 10:53cost them but more inform they can be
  272. 10:56the less likely go to get caught up in
  273. 10:58the emotions and render a verdict based
  274. 11:00on emotions it happens too many times
  275. 11:02because jurors are not they're the most
  276. 11:05important people in the room in the
  277. 11:07courtroom
  278. 11:08most other poll data walks off the
  279. 11:11streets as late they don't know any love
  280. 11:13and yet i watch the state as well as the
  281. 11:16fist try to keep things from try to
  282. 11:19manipulate the facts and all they have
  283. 11:21to go on is everything that you're
  284. 11:23throwing out at them and their so they
  285. 11:24do the incomplete picture and they come
  286. 11:25back and they really invert it that is
  287. 11:28wrong and I think that is that that's in
  288. 11:30part because we have failed to inform
  289. 11:32our jury on what they role really is
  290. 11:35about it how do you need to stick to the
  291. 11:36facts
  292. 11:37and how to assess the facts we don't
  293. 11:39educate our jury we just send them in
  294. 11:42and say make the best decision and then
  295. 11:44we have a court after that they want to
  296. 11:46uphold their decision knowing they don't
  297. 11:48know much about the law and how they
  298. 11:50were manipulated is to decide what the
  299. 11:52factual so I think that with the jury we
  300. 11:55break down our system when our jury
  301. 11:57system uninformed on a very important
  302. 12:00case that can cause a man in his life
  303. 12:01that system it doesn't work we need to
  304. 12:05have better informed jurors even if we
  305. 12:07have to go to jurors that have criminal
  306. 12:09justice backgrounds but we can't not
  307. 12:12continue to let people walk off the
  308. 12:14street and make these important
  309. 12:16decisions about the fate of a man or
  310. 12:17woman without being fluent in full it's
  311. 12:20a recipe that is that so Anthony you've
  312. 12:22raised two topics here that I wanted to
  313. 12:24explore for a second with you the first
  314. 12:26is how the jury is informed and knowing
  315. 12:30their role in other words I guess how
  316. 12:32the court should instruct them on the
  317. 12:34role that they play in the process
  318. 12:36the second issue you raised was about
  319. 12:38how informed the jury is about the
  320. 12:41background facts and according to what
  321. 12:44she just said yet both the prosecution
  322. 12:46and the defense trying to hide things
  323. 12:48from the jury so let's start with the
  324. 12:50first topic you know how would you have
  325. 12:54instructed the jury if you could go back
  326. 12:57and do it all over again
  327. 12:58how should judges and lawyers make sure
  328. 13:00that jurors are instructed on their role
  329. 13:01oh why is he picking here okay you don't
  330. 13:06go into trial in this thing once you
  331. 13:08keep dessert this one I think the state
  332. 13:10and the defense you come again and they
  333. 13:13get to a stain the room to the truth but
  334. 13:16there was really long the fact and I
  335. 13:19think on both sides this should be very
  336. 13:22honest with the jury about how to follow
  337. 13:25the facts educate the jury so that
  338. 13:28winner trial on the jury is informed
  339. 13:31they know how to follow a case
  340. 13:33it's not about prosecutor did not
  341. 13:35they're crying and then they all sudden
  342. 13:37remember vertically emotion we can't do
  343. 13:40that if we're talking about real reform
  344. 13:43we have to better inform the jury and I
  345. 13:46think that thing comes with and you sit
  346. 13:48him up and our two hours before trial
  347. 13:51even begins our three hours a half a day
  348. 13:53and educate them on their role what's
  349. 13:56the facts are
  350. 13:57that's when both sides not just one in a
  351. 14:00referee needs to be the dude this is
  352. 14:03educate these people in this case and
  353. 14:06how the father educational research and
  354. 14:08the best conclusion we don't do that
  355. 14:10what do you wish that the judge had told
  356. 14:13your jurors about their role was there
  357. 14:16something specific a sentence or a
  358. 14:18phrase that should have been used in
  359. 14:20your view to maybe have mitigated what
  360. 14:23happened in your case well I don't have
  361. 14:26one sentence that could really capture
  362. 14:31what I'm trying to explain it but this
  363. 14:33what I'm saying is is that when you
  364. 14:37suppress them in it that's very relevant
  365. 14:39that can shed light on the case and a
  366. 14:43good grant pet and a jury don't know
  367. 14:47about that but let me just give up
  368. 14:49example so Mikey alibi with who was that
  369. 14:53as testified for me had winners on the
  370. 14:55grand jury two and a half years prior to
  371. 14:57testify on my behalf
  372. 14:58never wavered about my innocence never
  373. 15:01was told that she would ever be invited
  374. 15:04on anything two and a half years later
  375. 15:06the day she was going to testify
  376. 15:08the prosecutor jumps up until the judge
  377. 15:12just I need to put some on record
  378. 15:14outside the presence of the jury the
  379. 15:17judge excuse the jury the prosecutor
  380. 15:20goes on to say that my alibi witness now
  381. 15:22has become a catch them become basically
  382. 15:26a perfect and that should she testify
  383. 15:29it's highly likely he's gonna seek an
  384. 15:32indictment of capital murder again but
  385. 15:33now she's 22 years old with our time
  386. 15:36on the changeling she has no attending
  387. 15:38my training goes and tell her exactly
  388. 15:40what the prosecutor said and she jumps
  389. 15:42up all the stairs but runs out the
  390. 15:44courtroom crying okay so when the jury
  391. 15:47comes back in during closing arguments
  392. 15:50the prosecutor jumps up to say well
  393. 15:53where's his witnesses that fit that he
  394. 15:55said he was with that night why is she
  395. 15:57here to testify there Tara did not know
  396. 16:00that he just threatened her with capital
  397. 16:02murder she knew testify
  398. 16:04why the jury wasn't made aware of it now
  399. 16:07the alibi witness you're referring to is
  400. 16:09Yolanda Mathis am i right right and I
  401. 16:13think she was was she your girlfriend at
  402. 16:15the time when you okay so Yolanda could
  403. 16:20have vouched for your whereabouts and
  404. 16:22where you were on the night of August
  405. 16:23the 18th 1992 when this horrific crime
  406. 16:26took place and right when your trial was
  407. 16:29taking place when Yolanda was about to
  408. 16:30take the stand was that the first time
  409. 16:33she had been informed that she was a
  410. 16:35suspect in this case or that she might
  411. 16:36be potentially yeah I did yes okay yes
  412. 16:40okay wouldn't you like so for all the
  413. 16:45listeners out there that might be
  414. 16:46wondering about some of the background
  415. 16:48facts and where you can learn about the
  416. 16:49cast of characters there's actually two
  417. 16:51articles that came out in 2010 in Texas
  418. 16:54Monthly Magazine and this particular
  419. 16:56article was very very important to
  420. 16:58Anthony's case and it actually helped
  421. 17:01bring to light some of the in justices
  422. 17:03that were taking place for those of you
  423. 17:05that are interested these articles were
  424. 17:07written by Pamela Koloff and the first
  425. 17:09one was called innocence lost and the
  426. 17:13second one was called innocence found
  427. 17:15and it is all about Anthony's story goes
  428. 17:17in to the characters it tells you about
  429. 17:19Yolanda it tells you about Charles
  430. 17:21sebastio all of the different people and
  431. 17:24the roles that they played in leading up
  432. 17:26to this so if anybody does want to know
  433. 17:27more please pick up those articles and
  434. 17:30of course if you really want to get the
  435. 17:31scoop pick up Anthony's book infinite
  436. 17:33hope and Anthony we're gonna talk about
  437. 17:35that here in a second but what you were
  438. 17:37alluding to earlier you said that the
  439. 17:39jury came back they never heard from
  440. 17:42Yolanda Mathis and then in closing
  441. 17:44arguments the prosecutor got up and
  442. 17:46effectively asked where is this alibi
  443. 17:49witness
  444. 17:49that mr. graves keeps referring to so
  445. 17:53yeah you were going back to how the
  446. 17:55prosecution and the defense kept things
  447. 17:57from the jury what do you think the
  448. 18:00defense could have done in that instance
  449. 18:03was there something that the defense
  450. 18:05should have done or could have done to
  451. 18:06maybe better inform this jury in your
  452. 18:08view yeah I think that my defense
  453. 18:11attorney number one had never tried a
  454. 18:13captain case I was the very first
  455. 18:15captain case that he had tried now yeah
  456. 18:17it's dead on the case where they plead
  457. 18:19and when they cleared guilty but he's
  458. 18:21never tried a capital case so he made a
  459. 18:23couple of errors that to no fault of his
  460. 18:26own he was just inexperienced but I
  461. 18:29think definitely that one of the things
  462. 18:31that he should have done was that score
  463. 18:33a hearing on that which should have
  464. 18:35stopped the trial and asked for a
  465. 18:36hearing on this year because this man
  466. 18:38just stood up there and said that my
  467. 18:39witness for the first time was going to
  468. 18:43be charged with capital murder she
  469. 18:44testified during the middle of trial he
  470. 18:47should have asked for a continuance he
  471. 18:48should have actually hearing on that and
  472. 18:50we should have heard what the evidence
  473. 18:52were then let them feel like my witness
  474. 18:55would not be a suspect so that was just
  475. 18:59based on inexperience I mean I've never
  476. 19:01bashed my defense attorney because I
  477. 19:03watched him cry when they wrongfully
  478. 19:04convicted me he really believed in my
  479. 19:06innocence
  480. 19:06he was just image theorists and he was
  481. 19:09dealing with a prosecutor who was con
  482. 19:11and conniving and speaking the
  483. 19:12conviction but he definitely could have
  484. 19:15asked to stop the trial and that's what
  485. 19:18hearing on that filed a motion for a
  486. 19:20hearing on that to find out who in fact
  487. 19:22was this credible or not because the
  488. 19:26prosecutor had been playing so many
  489. 19:27games with us but he didn't do that I
  490. 19:29think the judge should have notified the
  491. 19:32jury should have been that should have
  492. 19:34been something in place for the judge
  493. 19:35who is the referee the neutral party
  494. 19:38should have said to the jurors
  495. 19:40once mr. semester's made that statement
  496. 19:42let's correct the record mission matters
  497. 19:45were sure to testify
  498. 19:46those from years four semesters we
  499. 19:48decided to charge her should she come so
  500. 19:50we want the jury to understand that but
  501. 19:52she did not out for whatever reason
  502. 19:54maybe you don't have that right but if
  503. 19:56the judge would have taken control
  504. 19:58seeing that hearing that knowing that
  505. 20:01mr. Sebastian is lying
  506. 20:03you know you
  507. 20:03manipulated truth the jailer should have
  508. 20:06had the right to say no stop we need to
  509. 20:09correct the rest he didn't do this he
  510. 20:11allowed this injustice to take place he
  511. 20:14set up there in his robe and allowed mr.
  512. 20:17Sylvester to play with the facts so
  513. 20:19loosely that it led to my room for
  514. 20:21conviction and at trial did robert
  515. 20:23carter ultimately testify against you
  516. 20:25even though even though I barely knew
  517. 20:28you and you guys really had no dealings
  518. 20:30on the night of August the 18th 1992 did
  519. 20:33he get up and ultimately testify against
  520. 20:35you he ultimately testified against me
  521. 20:37because what we didn't know is that they
  522. 20:41had brought mr. Carter back the night
  523. 20:43before trial they brought him for his
  524. 20:46testimony but his testimony mr. Carter
  525. 20:50was refusing to testify because he said
  526. 20:52mr. graves is innocent
  527. 20:55so they say they're gonna take a
  528. 20:56polygraph test of it they never asked
  529. 20:59any questions about mr. graves they're
  530. 21:01actually about his life and being they
  531. 21:03said well you know you fail the
  532. 21:04polygraph so you know there's no statute
  533. 21:07of limitation on capital murder growing
  534. 21:09up to your wife
  535. 21:10so that's when mr. Carter sigh I'll give
  536. 21:13y'all what y'all want
  537. 21:14we didn't know that mr. Carter was back
  538. 21:16there refusing to testify on the grounds
  539. 21:18that I was actually innocent we found
  540. 21:20this out 10 years later that was not
  541. 21:22disclosed to you or your attorneys that
  542. 21:25on the eve of his trial Robert Carter
  543. 21:28had effectively confessed to the
  544. 21:30prosecution that you had nothing to do
  545. 21:32with this case and that he was
  546. 21:33effectively wrongfully accusing you and
  547. 21:37come to find out that was about the
  548. 21:39umpteenth time he had confessed the
  549. 21:42night that he initially life throughout
  550. 21:44when it had him in jail and the night
  551. 21:47before and the morning that he was
  552. 21:50scheduled to testify during the trial he
  553. 21:52was refusing on the grounds that he said
  554. 21:55this man is innocent did you ever get a
  555. 21:58chance to talk to Robert face-to-face
  556. 22:00and ask him hey you know why are you
  557. 22:02fingering me for this crime did you ever
  558. 22:04do you ever get that answer from him do
  559. 22:06we know or it just seems odd for
  560. 22:09somebody to to point to somebody they
  561. 22:10hardly know well it might mean uh with
  562. 22:15when you ain't us
  563. 22:17and you being interrogated by law
  564. 22:20enforcement who has made up their mind
  565. 22:22that you do and they're not here nothing
  566. 22:25else it's very intimidating so I don't
  567. 22:29blame anyone for saying what they say in
  568. 22:32those moments because it's very
  569. 22:33intimidating but the fact of the matter
  570. 22:35is she did come back and correct the
  571. 22:37records the same night and that's the
  572. 22:40part they didn't want to hear now did I
  573. 22:42ever talk to him about I want to say ten
  574. 22:46years later we want that roadie job and
  575. 22:49they had put us on the same pot and
  576. 22:52their personal training rig group and my
  577. 22:55neighbor had told me hit on the walls -
  578. 22:58hey man I think they got that dude in
  579. 23:00the red group
  580. 23:01I swear dude we said I do they lied on
  581. 23:02you the next morning we went out to the
  582. 23:05red group they brought him out to the
  583. 23:07red group and what he was out there
  584. 23:10before me when I walked through the gate
  585. 23:12I walked right up to him and by time I
  586. 23:16got halfway to he said man I just want
  587. 23:18to apologize to you and your family for
  588. 23:19Lionel and I said to him I said man I
  589. 23:23don't even wanna know why you lie
  590. 23:24because whatever reason you lied I left
  591. 23:27rather for yourself either my attorneys
  592. 23:29or the press out of state all I'm gonna
  593. 23:33tell you is this you and I can't be in
  594. 23:34the same red group together and then I I
  595. 23:37forgive you but that's for me and that
  596. 23:41allows me to move a fall but we can't be
  597. 23:43in the same group do you understand that
  598. 23:46he said yeah I understand that man and I
  599. 23:49know how you feel I apologized and he
  600. 23:51won't go to the gauge neat old officer
  601. 23:53also I need to get out of this red goo
  602. 23:55because I live on that man and trial and
  603. 23:57I also miss doing that and get out and I
  604. 24:00never seen him again and how did you
  605. 24:02keep your composure I did when now this
  606. 24:05is something that's not necessarily in
  607. 24:06any of the Articles that we've read so
  608. 24:08this is something at least for me I'm
  609. 24:11learning first time talking to you which
  610. 24:13is very very interesting so you meet
  611. 24:15Robert Carter on death row ten years
  612. 24:18after you've been wrongfully convicted
  613. 24:20based on his testimony testimony that it
  614. 24:23sounds like was perjured testimony was
  615. 24:25untrue so you're meeting him in the rec
  616. 24:28yard how did you not just
  617. 24:31how'd you not deck him I mean most of us
  618. 24:32would have wanted to just take a huge
  619. 24:34wild swing at him and and beat him to
  620. 24:36within an inch of his life what what
  621. 24:39inside of you kept you calm well first
  622. 24:41of all let me just correct you say no it
  623. 24:44doesn't sound like surgery it was rumors
  624. 24:46about a special court of appeal in fact
  625. 24:48it was perjured testimony now how I kept
  626. 24:52my cool but at that time the whole case
  627. 24:55had become bigger than me this justice
  628. 24:58guessing that had become bigger than me
  629. 25:00it wasn't me anymore and I had already
  630. 25:02discovered that there lies the
  631. 25:04manipulation of the games that they play
  632. 25:06to make this man allow me wasn't really
  633. 25:09about you it was about a system that was
  634. 25:12broken and I wanted to stay focused on
  635. 25:15being able to advocate for that in terms
  636. 25:17of just being upset because they made a
  637. 25:18man lie on me that they knew was lying
  638. 25:20the system should not allow a man to
  639. 25:23just lie on you who don't know you and
  640. 25:25you lose your life in your freedom those
  641. 25:28biggest to me didn't just ride the car
  642. 25:30it was about a system that had failed to
  643. 25:32protect me when I was in now in the
  644. 25:35Texas Monthly article that Pamela Koloff
  645. 25:38wrote in the second installment
  646. 25:39innocents found there was a point where
  647. 25:42you were already free you're out of
  648. 25:43prison and Pamela had asked you whether
  649. 25:47you were feeling bitterness or anger and
  650. 25:49I think you said something to the effect
  651. 25:51of I won't be bitter and angry unless
  652. 25:54things don't change if things don't
  653. 25:57change then I'll be bitter and angry do
  654. 25:59you remember saying that yeah I mean I
  655. 26:02feel that every day this is why I get up
  656. 26:04if I share my story and I try to share
  657. 26:07my experiences so that we understand
  658. 26:08that me for this great reform and I
  659. 26:10think that's the only way the state of
  660. 26:12Texas in the United States and general
  661. 26:14can apologize to me and over 100 some
  662. 26:16other reasons walked up that little
  663. 26:17Street that you change the system you
  664. 26:19make the system more equal for all of
  665. 26:21them you know I understand we we make
  666. 26:24mistakes that's fine we'll bill to make
  667. 26:26mistakes is that when we don't own we
  668. 26:28don't admit to them and we start trying
  669. 26:31to cover things up is that when our
  670. 26:33system starts to fella when we make a
  671. 26:36mistake and we admit it we can learn
  672. 26:38from it and make our system better
  673. 26:40that's all part of it but we don't want
  674. 26:42to do that politics is so ingrained in
  675. 26:44our
  676. 26:45that we can't afford to be honest do we
  677. 26:47have to cover everything up and just
  678. 26:49leave the system as it is and as is
  679. 26:51getting the lives of people like me do
  680. 26:54you think maybe the country has become
  681. 26:56more aware of those are young fully
  682. 27:00convicted has there been any positive
  683. 27:01change do you think during during your
  684. 27:04experience social media has made people
  685. 27:07more aware about injustice and our
  686. 27:09criminal justice system than ever before
  687. 27:12particularly the dead tournament every
  688. 27:14morning I get up not the articles on
  689. 27:16Facebook about men who have been
  690. 27:18exonerated we're just now walking out of
  691. 27:20fear as a man just walked out of prison
  692. 27:21less than two weeks ago that is 45 years
  693. 27:24of his life in prison for crime he did
  694. 27:27not commit well he was 26 come out with
  695. 27:29me like 79 okay these stories are
  696. 27:32happening every day and people are
  697. 27:34becoming more aware of it so I do feel
  698. 27:36like things are changing I I not listen
  699. 27:38I take my head off the tensions but
  700. 27:40trying to get out in the front this
  701. 27:41change will make its try surround your
  702. 27:43own paper but it's on paper right now
  703. 27:45it's not in practice once we catch up to
  704. 27:48the paper and start putting in practice
  705. 27:49Texas would be miles ahead of everyone
  706. 27:52else on criminal justice reform
  707. 27:54so I do see changes hey when I was
  708. 27:56thinking young people taking to the
  709. 27:57street on gun laws I said man there's
  710. 27:58hope for a bright future in this country
  711. 28:00looking for young people to make they
  712. 28:03are not just sitting here madman
  713. 28:04politicians telling them what they
  714. 28:05should think in fear but they're
  715. 28:07actually taking action and that's what's
  716. 28:08needed to be across this country we
  717. 28:10should stand up to injustice just like
  718. 28:12we stand up to gun violence and when we
  719. 28:14do that I'd say you can't yeah
  720. 28:16the system has changed and I don't know
  721. 28:18fall to the future and seeing how these
  722. 28:20young kids wanna come up and make us all
  723. 28:22feel that we're all Americans and not
  724. 28:24just some of us one of the turning
  725. 28:27points and I keep going back to Pamela
  726. 28:29koloff's article from Texas Monthly
  727. 28:31because the first installment of that
  728. 28:33innocence lost was the name of it in the
  729. 28:37very first installment she was
  730. 28:38interviewing Charles subasta the DA who
  731. 28:41had prosecuted you the first time around
  732. 28:43and in it during the interview he had
  733. 28:46said something to her to the effect that
  734. 28:47on the night before his testimony Robert
  735. 28:51Carter had effectively admitted to him
  736. 28:54that he was having doubts about his
  737. 28:55testimony that he had wrongfully pointed
  738. 28:57you out and when Pamela
  739. 28:59Koloff had asked him that question did
  740. 29:00Robert Carter say this to you he said
  741. 29:02something to the effect of he did tell
  742. 29:04me that yes he did tell me something
  743. 29:06like that that quote from that article
  744. 29:10is effectively what the federal courts
  745. 29:13used to grant your writ of habeas corpus
  746. 29:15and say yes you were wrongfully
  747. 29:17convicted and overturn your conviction
  748. 29:19am I getting that correct yeah I mean he
  749. 29:22admitted to Geraldo Rivera because his
  750. 29:25was you know worldö Rivera witness
  751. 29:27interviewed him and I think about a lie
  752. 29:29is that if you don't remember to change
  753. 29:31them and talk the best let me remember
  754. 29:33the lies they told the convicted me so
  755. 29:35for the first time he was honest when
  756. 29:37someone asked him mr. Carter i'ma tell
  757. 29:39you that mr. Grady then he said yes he
  758. 29:41told me that he said why don't you
  759. 29:43pursue great you think it was my gut
  760. 29:45feeling and mr. green was involved he
  761. 29:47says the most fact you just your gut
  762. 29:49fixed they would only explain that how
  763. 29:51you call us them so yeah
  764. 29:54so I guess it sounds like maybe the
  765. 29:56Koloff article got to the attention of
  766. 29:59Geraldo Rivera he then interviewed
  767. 30:01Charles subasta and then Charles the
  768. 30:03beste on television had admitted that
  769. 30:07Robert Carter had made that admission to
  770. 30:09him the night before Robert Carter's
  771. 30:11testimony is that the winnings that well
  772. 30:13let me let me correct you because it was
  773. 30:16out of that came down in and really in
  774. 30:19two thousand thousand okay you know in
  775. 30:24other words people have known about this
  776. 30:25case for a long time is it that nobody
  777. 30:27would in turn Nicole came on board and
  778. 30:30when the call came on board that's when
  779. 30:32she took it to the next level she used
  780. 30:34the information that she gathered to
  781. 30:36make sure that everybody knew and that's
  782. 30:38how it got into my brief in front of the
  783. 30:41Fifth Circuit yeah I'll call we've not
  784. 30:44introduced Nicole yet let's tell
  785. 30:45everybody who Nicholas you're talking
  786. 30:47about Nicole
  787. 30:48Casarez ring the greatest attorney a lot
  788. 30:53no I hate that I don't make anybody feel
  789. 30:57bad but I am Telling You from breathing
  790. 30:59today the great attorney life tell us
  791. 31:02about how you came to know Nicole and
  792. 31:05how your relationship developed and what
  793. 31:07she did for you that's a it's a very
  794. 31:09interesting story and we haven't gone to
  795. 31:10that yet and so let's talk about
  796. 31:12now let's talk about Nicole and
  797. 31:14eventually we'll get to Kelly Sigler and
  798. 31:16that whole cast of characters that
  799. 31:18eventually walked you to where you were
  800. 31:21able to walk out of prison yes Nicole is
  801. 31:24my my big sister and my angel because I
  802. 31:29watched the woman fight for over eight
  803. 31:32years without any compensation because
  804. 31:35she believed in justice that's too old I
  805. 31:38thought that every prosecutor and any
  806. 31:41attorney
  807. 31:41I thought you out anyone cook that and
  808. 31:44took it seriously but I found out that
  809. 31:46Nicole really believed in those words
  810. 31:49the hope that she took now how did you
  811. 31:51meet Nicole let's start there let's talk
  812. 31:53about how you guys came to contact all
  813. 31:55men Nicole is that Nicole is a
  814. 31:57journalism professor at the University
  815. 31:59of st. Thomas she and her students were
  816. 32:02attending a wrongful conviction clinic
  817. 32:05in University Houston by special Bailey
  818. 32:08doc who started to test this innocent
  819. 32:10network and David was talking about my
  820. 32:12case because a freelance reporter had
  821. 32:16contacted him and said hey y'all really
  822. 32:18need to look into this case so they was
  823. 32:20talking about my patients out of my
  824. 32:22house on a fast track for an execution
  825. 32:24was a lot of Investigation needed to be
  826. 32:27done in it and then they just asked him
  827. 32:29who would like to look into it Nicole
  828. 32:31and her students they looked at each
  829. 32:34other my buddy else ready to end and she
  830. 32:36has raised her hand and they were
  831. 32:38excited but look into a case not because
  832. 32:40they thought I was innocent they just
  833. 32:42want to look into the Cape so Nicole and
  834. 32:45her students start looking into my case
  835. 32:47started going around reading about it
  836. 32:49and finding witness and talked to before
  837. 32:51they even came to me and after I think
  838. 32:54she told me she had been doing this
  839. 32:56research in my case for two years then
  840. 32:58finally came down the death Road visit
  841. 33:00me one day and when she came she said
  842. 33:04that and she asked me is there anything
  843. 33:06you want to tell me and I remember the
  844. 33:08first thing I told yes ma'am first thing
  845. 33:11I want you to know I'm not going to sit
  846. 33:13out here and try to prove to you that
  847. 33:14I'm in I'm just going to ask you if you
  848. 33:17were help me with this case because if
  849. 33:19you do your job you find evidence you'll
  850. 33:21find out that I am it but I didn't want
  851. 33:24to tell her that didn't want to try to
  852. 33:26that I was gentlemen because that is
  853. 33:28just notion is the stigma that everybody
  854. 33:30that goes to prison outside their
  855. 33:32influence and that is just so far from
  856. 33:34the truth but it works for politician I
  857. 33:36didn't feel that I could just say that
  858. 33:40and feel comfortable with it because I
  859. 33:41didn't want her to say Yeah right
  860. 33:42everybody say the innocent so I said do
  861. 33:45the work and she went up and she did to
  862. 33:48work and it took eight years that she
  863. 33:50went on and she found all the evidence
  864. 33:52that truly pointed to my actual
  865. 33:55innocence land and I I ended up walking
  866. 33:57out of prison because of that great one
  867. 34:00can you tell us what it was like walking
  868. 34:03out of incarceration into freedom for
  869. 34:05the first time what did that feel like
  870. 34:06wow man you know so let me tell you
  871. 34:11about that day so I woke up I'm behind
  872. 34:13bars and I'm writing I'm responding to
  873. 34:15some questions that Pamela Koloff had
  874. 34:18written to me and we got an article that
  875. 34:21she had been right and the reason why we
  876. 34:23have it is like that because the sheriff
  877. 34:25and the general understands that Pamela
  878. 34:27could not come back and visit me without
  879. 34:29being on the telephone so they can hear
  880. 34:30everything we're talking about so we
  881. 34:32were losing our recruitment as a media
  882. 34:35come on cleared it so we decided that we
  883. 34:38would just resort to right and I was
  884. 34:42sitting there right and she was asking
  885. 34:43me I she asked me about Kelly see and I
  886. 34:46was right to her so yeah I've heard that
  887. 34:49she is the type of person that will
  888. 34:51throw anything on the wall and see if it
  889. 34:52speaks and mission ever a reputation I'm
  890. 34:55not afraid of it I'm innocent she can't
  891. 34:57change and right Xena they also came and
  892. 35:01knocked on my window because they still
  893. 35:03had me in solitary confine and he told
  894. 35:06me put my shirt on let's go walk down
  895. 35:08the hall you taking me somewhere I asked
  896. 35:10where he was taking me like just come on
  897. 35:12roll with me and we ended up walking
  898. 35:15down the hall and I got afraid because
  899. 35:16I've never been up front before and I
  900. 35:19thought maybe my turning was here but he
  901. 35:20didn't take me that way so I told him I
  902. 35:22said man I can't go nowhere with you
  903. 35:24officer without my turn it because by
  904. 35:25the end I learned by eating versus
  905. 35:27Wainwright and I wasn't going nowhere no
  906. 35:29I'll see what I return and so when I get
  907. 35:32up to the finally get to the front it
  908. 35:34just in my paranoia he opened up the
  909. 35:36door and I seen the cold air so Nicole
  910. 35:38she stood up
  911. 35:40and I could tell she was fighting tears
  912. 35:42and in my mind I was just thinking we're
  913. 35:44you know it's just a more bad news but
  914. 35:46they're gonna kill me are they gonna
  915. 35:48free me because I was refusing to take
  916. 35:50any type of a deal even just to walk out
  917. 35:52that day I told them you're gonna have
  918. 35:54to feed me in myself because you gonna
  919. 35:55kill me I'll freed me I'm not gonna
  920. 35:57compromise the truth
  921. 35:58and so this particular day she stood up
  922. 36:00and she told me she said hey Anthony
  923. 36:02remember when you told me that God would
  924. 36:04do and I said yes but in my mind I was
  925. 36:07wondering well food because I was hungry
  926. 36:09I didn't know what was about to help and
  927. 36:11she told me and she said well I just
  928. 36:13want to let you know that God is good
  929. 36:15because the state just dismissed all the
  930. 36:17charges against you and I was like what
  931. 36:19she said yes miss eagels dismiss all
  932. 36:21charges against you and she's not she's
  933. 36:22not dismissing them because evidence got
  934. 36:24lost or witnesses have bad she dismissed
  935. 36:28me because she believes in your
  936. 36:29innocence that she's gonna go on
  937. 36:30national television let the whole world
  938. 36:32know and all I could I do is I thought
  939. 36:34what do I do now you know I've been
  940. 36:38incarcerated for eighteen and a half
  941. 36:40years and I've been fight for this day
  942. 36:42but I'm still fight even though the day
  943. 36:44is arrived and I didn't know I put my
  944. 36:46shield its water down and so I asked him
  945. 36:48what do i do man and she said well you
  946. 36:49don't put your clothes on get out of
  947. 36:51here by that time the officer came to
  948. 36:53say you wanted to meet your proxy I said
  949. 36:56yeah but I didn't want no property I was
  950. 36:58just so discombobulated because I
  951. 36:59couldn't believe that's find me this day
  952. 37:01is this day that I dream so many dreams
  953. 37:03about and if there's not going to be
  954. 37:05real how am I gonna come back from this
  955. 37:07so I was so scared to even believe the
  956. 37:09information that she had just told me
  957. 37:11you know and that when I walked out in
  958. 37:13the hallway just started to dawn on me
  959. 37:15that came in it's over it's over you
  960. 37:20know and so when I got to the film and I
  961. 37:22asked me what did I want they're not
  962. 37:24making total mind or nothing I want to
  963. 37:26get the hell out of there before y'all
  964. 37:27change our mind so he said well you know
  965. 37:29you want your pictures and everything
  966. 37:30and yeah I took my pictures and my legal
  967. 37:32working just like that at 45 years old I
  968. 37:35went when I was 26 that's 45 years old
  969. 37:39I was walking out the side door with
  970. 37:42jail with everything I own in a little
  971. 37:45box from 18 had yielded from the
  972. 37:48convicted this is the fall of 2010 right
  973. 37:51when you walk down
  974. 37:53I walk that I took the 27 2002 now there
  975. 37:57was for the benefit of all the listeners
  976. 37:59who were wondering
  977. 38:00we've talked a bit about Kelly Sigler
  978. 38:01and Anthony if you don't mind I'm gonna
  979. 38:03try to summarize this just to make sure
  980. 38:05everybody knows Kelly Sigler she was
  981. 38:07appointed the special prosecutor over
  982. 38:09your case after your writ of habeas
  983. 38:12corpus was granted at the federal level
  984. 38:15so she was supposed to effectively
  985. 38:17reprosecution in the process of going
  986. 38:20over all of the boxes of information and
  987. 38:23going over witness reports talking to
  988. 38:25people she and she in another Texas
  989. 38:28Ranger had effectively spoken to 60
  990. 38:30people in the course of a 30 day period
  991. 38:31and at the end of this process she came
  992. 38:35to the conclusion just as Nicole Casarez
  993. 38:37had that you were completely innocent
  994. 38:40so Kelly hey yeah as the prosecutor had
  995. 38:43basically said I'm not gonna pursue this
  996. 38:46case is that a fair assessment yeah you
  997. 38:49know yeah it is because I spoken with
  998. 38:52her several times since I mean we're
  999. 38:54friends now but yeah she told me she
  1000. 38:57that I came in and we prosecute you send
  1001. 38:59me back to death row I went through 25
  1002. 39:02boxes of evidence and I just see not one
  1003. 39:04thing that connected you to this crime
  1004. 39:05and then I started going over all the
  1005. 39:07records of the DA and I'm started seeing
  1006. 39:10all the things that the prosecutor was
  1007. 39:12doing and I was like oh my god I just
  1008. 39:13literally start saying this how this man
  1009. 39:15was was really just breaking all the
  1010. 39:17rules to convict someone in her and she
  1011. 39:20said but not I didn't want to stop that
  1012. 39:21so I went and I called in all my
  1013. 39:23investigators one by one and I asked
  1014. 39:26them what did they think about this case
  1015. 39:27she said mr. Gray's each investigator
  1016. 39:30said to me this man is innocent and she
  1017. 39:32said that's when I went to the
  1018. 39:34prosecutor and told him we have to
  1019. 39:35dismiss this case because this manager
  1020. 39:37they together went to the jury and they
  1021. 39:39told the judge you have to release this
  1022. 39:41man he needs time of dismissal daughter
  1023. 39:44because he's innocent and she was
  1024. 39:45refusing to do so so they basically had
  1025. 39:47the village to go to the media and tell
  1026. 39:50the media that she refused and let
  1027. 39:51innocent man go if she didn't just try
  1028. 39:53to dismiss a lot so reluctantly she
  1029. 39:56signed the dismissal order and that's
  1030. 39:58how I ended instantly walking about to
  1031. 40:00do was life on the outside
  1032. 40:03hard after eighteen and a half years was
  1033. 40:05an adjustment or
  1034. 40:07did you just come back out and pick up
  1035. 40:09right where you left off no my man's a
  1036. 40:11big adjustment man the whole world has
  1037. 40:13changed on me technology has changed
  1038. 40:14more houses didn't build and by seeing
  1039. 40:17like things on top of each other
  1040. 40:18politics was ingrained I mean it was
  1041. 40:21just really crazy man and uh but he was
  1042. 40:23excited because I had fought for my
  1043. 40:25right to be free because that was my
  1044. 40:27right I hadn't done nothing wrong
  1045. 40:29for them to take it so it was exciting
  1046. 40:31but it was scary I I went through a lot
  1047. 40:34of emotions man I've met with a lot of
  1048. 40:36things because uh it was just all man it
  1049. 40:40was just one day where I lived outside
  1050. 40:43my body because I could not believe what
  1051. 40:46was happening even though I thought all
  1052. 40:48this time I just feels outside my body
  1053. 40:50and watch myself how I tried to I guess
  1054. 40:54kind of put myself back out here and be
  1055. 40:57part of a normal society
  1056. 40:59it was very challenging so tell us this
  1057. 41:01what was the very first thing you ate
  1058. 41:03when he got out of prison very first
  1059. 41:05thing I ate man I went home with my
  1060. 41:08investigator
  1061. 41:09Rico Hayden and his wife had made a pot
  1062. 41:14roast cuz she flushes but she made a
  1063. 41:17pyro and you know some pot roast
  1064. 41:19that's prevents that sounds pretty
  1065. 41:23interesting it's all you told me earlier
  1066. 41:26you had a kolache for breakfast so
  1067. 41:27you're having kolaches for breakfast and
  1068. 41:29Russian pot roast for dinner this is
  1069. 41:30great you know but I didn't really eat
  1070. 41:33that much because I could I was so
  1071. 41:35excited so let's say I was presented
  1072. 41:38with an opportunity to eat rose but I
  1073. 41:40could so the next one is when I really
  1074. 41:42ain't and I was barbecue we I had me
  1075. 41:46with a lot of media in Houston I was in
  1076. 41:48Austin so we had to drive lower back
  1077. 41:50tasting and the guy with my
  1078. 41:51investigating like you want to get some
  1079. 41:53meat man it was mighty I'm gonna clap I
  1080. 41:55was like yeah man let me get some
  1081. 41:57barbecue I haven't had barbecue in 20
  1082. 41:59years so we stopped barbecue for
  1083. 42:01breakfast i back to the clock level of
  1084. 42:05let's say 11 o'clock so yeah it's like a
  1085. 42:07brunch so your barbeque brunch and it
  1086. 42:09was good to cook by time I got to
  1087. 42:11interview I had about you juice all over
  1088. 42:14my shirt I had to go change my shirt for
  1089. 42:16the media yeah so barbecue that I first
  1090. 42:20time
  1091. 42:21and it was really delicious now tell us
  1092. 42:25a little bit about the book infinite
  1093. 42:27hope what inspired you to write this and
  1094. 42:30we hoping people take away from the book
  1095. 42:33Wow what is five new directors you know
  1096. 42:36since I've been out I have I've done a
  1097. 42:39lot you know I really put my story out
  1098. 42:42there I was the first one to take a very
  1099. 42:45bumpy grievance to see where I just the
  1100. 42:49prosecutor and had in this book I took
  1101. 42:52advantage of the amendment of that love
  1102. 42:54allowed me to do that I've been
  1103. 42:56traveling all over the world educating
  1104. 42:58people about our need for criminal
  1105. 43:00justice reform and telling my story from
  1106. 43:02here to wrong and in other places and
  1107. 43:06you know it just got to the point where
  1108. 43:08every time I will go and do something
  1109. 43:10someone will come up to me and talk
  1110. 43:12about how inspired they were with my
  1111. 43:14life story and it just made me feel like
  1112. 43:17you know I need to put this between the
  1113. 43:19pages of the book so that so that many
  1114. 43:22others can read and hear this story
  1115. 43:24because it's a great story and it speaks
  1116. 43:28to our need to be involved in our
  1117. 43:30criminal justice system this we shall
  1118. 43:32need to reform it and it just speaks to
  1119. 43:34me having hope regardless of your
  1120. 43:37circumstances in life so at that point I
  1121. 43:40decide that you nama sit here and write
  1122. 43:41this book because actually I started in
  1123. 43:43Wilde
  1124. 43:44death-rope but I put it up because I
  1125. 43:46feel like it the journey had been
  1126. 43:48completed I wanted to complete the
  1127. 43:50journey by just born the prosecutor I'm
  1128. 43:51just gonna be on and once I just brought
  1129. 43:53the prosecutor I was like okay it's time
  1130. 43:55to write the book because I wanted to
  1131. 43:57show people how when you do good good
  1132. 43:59can come back to you but when you do bad
  1133. 44:01at some points to catch up with you now
  1134. 44:03in your books you've got a poem here
  1135. 44:05called surviving death row yes yeah at
  1136. 44:08the very beginning of part three of your
  1137. 44:10book if you have that available in front
  1138. 44:13of you would you mind reading us that
  1139. 44:16poem uh it's a powerful poem you wrote
  1140. 44:19you would ask me that but I think it
  1141. 44:22it's like yeah it's I also wrote a poem
  1142. 44:29about a good
  1143. 44:33judge well I was just thinking about how
  1144. 44:36avaricious me to death
  1145. 44:37get like he's gonna live forever you
  1146. 44:39know we don't become immoral because we
  1147. 44:42believe in the death penalty
  1148. 44:43you know it's not that in a jumpsuit
  1149. 44:45because you believe in the death penalty
  1150. 44:46and so I was in and my [ __ ] one night
  1151. 44:51just thinking it's like three something
  1152. 44:52anymore so I just started right needs
  1153. 44:55corn and actually I wrote the one year
  1154. 44:58talking about about three o'clock that
  1155. 45:00morning and then there's another one in
  1156. 45:03your book on page 104 called the judge
  1157. 45:05he wrote the judge in 2004 so you can
  1158. 45:09pick you want to read the judge or do
  1159. 45:10you want to read prison life let me read
  1160. 45:13okay I'm a reprove like jazzy sing and
  1161. 45:18surviving that road you want me to uh to
  1162. 45:21read it uh yeah read it for us and says
  1163. 45:25[ __ ] in this six by nine self living
  1164. 45:29under conditions worse than hell blocks
  1165. 45:32away from society simply because the man
  1166. 45:35lied on everyone says stay positive but
  1167. 45:40it's a struggle every day these
  1168. 45:42conditions discouraged me that [ __ ]
  1169. 45:44won't go away I'm not always the best of
  1170. 45:47mood especially when I see the ball I'd
  1171. 45:50rather be lying on the beach looking at
  1172. 45:53the moon and the star convicted for a
  1173. 45:55crime I didn't commit is this feeling I
  1174. 45:57can't explain it's the kind of thing
  1175. 46:00that drives a man insane you're a strong
  1176. 46:03man is what I often hear the man I don't
  1177. 46:06think people really understand my fear
  1178. 46:09sitting in the cell 23 hours a day
  1179. 46:11standing at the things that's making my
  1180. 46:14body decay I just shake my head when I
  1181. 46:17sit here and think how the hell did I
  1182. 46:20end up here this place stinks
  1183. 46:23somebody anybody get me out of this
  1184. 46:26place
  1185. 46:26I'm not an animal I'm part of the human
  1186. 46:29race but I guess I lie down and try to
  1187. 46:33sleep because I really haven't gotten in
  1188. 46:35in a week
  1189. 46:36don't forget to tell your friends about
  1190. 46:38prison life
  1191. 46:39this place isn't for me for me children
  1192. 46:43are your wife so I pray that you never
  1193. 46:46get to see this
  1194. 46:47place it's not a pretty sight it doesn't
  1195. 46:52have a face his prison life yeah I was
  1196. 46:56just laying in the bed man and I was
  1197. 46:58looking at the wall and I was thinking
  1198. 46:59about my life and it's like I'm dying up
  1199. 47:02here
  1200. 47:02I mean emotional death row I mean
  1201. 47:07haven't done nothing to nobody
  1202. 47:10I'm a good person how the hell I end up
  1203. 47:13on that float and then all of a sudden
  1204. 47:15my opinion was in my hand and I started
  1205. 47:18right and I've never written a poem
  1206. 47:19before so these were my real emotions at
  1207. 47:23that time so you went from being on
  1208. 47:26death row
  1209. 47:27at that time a convicted felon to now
  1210. 47:29being a published author and a and a
  1211. 47:31speaker on criminal justice reform you
  1212. 47:33know Anthony out ladies gentleman the
  1213. 47:35book is infinite hope you really should
  1214. 47:36get your hands on it's a powerful piece
  1215. 47:38and for lawyers in particular you know
  1216. 47:40it's we need to remind ourselves that as
  1217. 47:43much as the system went wrong it was a
  1218. 47:45group of lawyers and journalists who all
  1219. 47:48helped to set this ship right as well so
  1220. 47:50you know let's get our hands on on this
  1221. 47:52book let's read it and as lawyers let's
  1222. 47:55make sure that we study what happened
  1223. 47:56and try to do what Anthony has asked us
  1224. 47:59to do and see how we can improve our
  1225. 48:01system Anthony has been a pleasure to
  1226. 48:03have you here your story is very
  1227. 48:04powerful and I wish we had all day wish
  1228. 48:07we had a whole week to talk to you about
  1229. 48:09your thoughts and your experiences but
  1230. 48:10you've really given us a lot to think
  1231. 48:12about so thank you so much for being
  1232. 48:14here
  1233. 48:15well rocky I really really appreciate
  1234. 48:18you guys inviting me on the show
  1235. 48:20man it just tells me that God is always
  1236. 48:22good because every day that I get to
  1237. 48:24share my story is a good day it's a day
  1238. 48:27that's gonna help move the meeting today
  1239. 48:29this one also save a life so thank you
  1240. 48:31guys for the platform this morning I
  1241. 48:33really appreciate it
  1242. 48:34well Anthony thank you again I hope you
  1243. 48:37enjoyed what he had to say it was an
  1244. 48:38amazingly powerful message and just a
  1245. 48:41compelling story so what's there to
  1246. 48:44learn from this what can you take away
  1247. 48:46well we're gonna find out I want to be
  1248. 48:48joined here in just a few minutes by
  1249. 48:50Patricia mechanical and Lowell Brown
  1250. 48:52with the State Bar of Texas so we're
  1251. 48:54gonna take a quick break and Patricia
  1252. 48:55and Lowell are gonna join us so it's
  1253. 48:56stay tuned I'll be back in just a couple
  1254. 48:58of seconds
  1255. 48:59[Music]
  1256. 49:07[Applause]
  1257. 49:10and lazy tell me we are back this is
  1258. 49:12rocky deer with Texas bar talk the
  1259. 49:14official podcast for the State Bar of
  1260. 49:16Texas and how appropriate that I have a
  1261. 49:19couple of very very honored colleagues
  1262. 49:20here with me both from the State Bar of
  1263. 49:23Texas
  1264. 49:23we've got Patricia mechanic oh she
  1265. 49:25should be no stranger to any of you out
  1266. 49:27there who read the Texas bar journal
  1267. 49:28she's a managing editor for the Texas
  1268. 49:30bar journal and Patricia do a fantastic
  1269. 49:32job it's a great publication and we've
  1270. 49:35got Lowell Brown Communications Division
  1271. 49:37director for the State Bar of Texas
  1272. 49:39they've actually been here in the studio
  1273. 49:42this entire time when we were talking
  1274. 49:44with Anthony and it was such a powerful
  1275. 49:47story we had to take a few moments and
  1276. 49:49talk Patricia you're actually the one
  1277. 49:51who suggested bringing Anthony on how
  1278. 49:54did you come to learn about him and what
  1279. 49:57do you want Texas lawyers to learn from
  1280. 49:58this whole experience well rocky I first
  1281. 50:01learned about Anthony graves when I was
  1282. 50:04actually working at Texas Monthly and
  1283. 50:06one of my colleagues was Pamela Koloff
  1284. 50:08who was working on this story so I have
  1285. 50:12followed it for for many years and then
  1286. 50:15when I learned that he had a new book
  1287. 50:17out I thought that this would be a great
  1288. 50:18opportunity for our listeners to hear
  1289. 50:22his story if they had not already heard
  1290. 50:24it before
  1291. 50:24and as I was reading the book the one
  1292. 50:27thing that really struck me at the very
  1293. 50:29beginning of the book was the day that
  1294. 50:31he was thrown in jail and he felt like
  1295. 50:35he was innocent and he didn't do
  1296. 50:36anything wrong and what really struck
  1297. 50:37out at me was that he didn't really
  1298. 50:40think that he needed a lawyer because he
  1299. 50:42assumed that everyone knew that he was
  1300. 50:44innocent because it seems so absurd to
  1301. 50:46him that he was actually getting thrown
  1302. 50:48in jail for a crime that he knew that he
  1303. 50:50didn't commit and so to me that really
  1304. 50:53rung home that you know even though you
  1305. 50:56may be you think you're innocent you
  1306. 50:58really don't realize the role that a
  1307. 51:00lawyer can play in shaping what happens
  1308. 51:03to you going through the legal process
  1309. 51:05well it's funny because you know when we
  1310. 51:07watch shows on TV these crime shows and
  1311. 51:10and law shows the characters especially
  1312. 51:13the the police officer characters on
  1313. 51:15these shows they often kind of throw
  1314. 51:18their arms up and roll their eyes the
  1315. 51:19minute the person playing the suspect
  1316. 51:22says I want a lawyer
  1317. 51:23and they say well okay what do they need
  1318. 51:25a lawyer for if they're innocent that
  1319. 51:27seems to be portrayed in the popular
  1320. 51:28media and so Patricia what you're saying
  1321. 51:31is it's a hugely important issue that a
  1322. 51:33lot of people don't realize because they
  1323. 51:34watch TV and they think why would I need
  1324. 51:35a lawyer if I'm actually innocent Lowell
  1325. 51:38do you think media plays a role in this
  1326. 51:40and how do we as lawyers maybe at least
  1327. 51:43attempt to overcome that sure I think
  1328. 51:46there is an incredible world that
  1329. 51:48lawyers can play individually and
  1330. 51:50through the State Bar of Texas and and
  1331. 51:52that is through one of the issues of the
  1332. 51:54State Bar of Texas is law related
  1333. 51:56education and starting that initiative
  1334. 51:58early in schools so our State Bar law
  1335. 52:01related education department really does
  1336. 52:03stress the role of lawyers in society
  1337. 52:06and why they're so important and they
  1338. 52:08actually develop curriculum that takes
  1339. 52:09it into schools so I think the earlier
  1340. 52:11we start it and the more we can spread
  1341. 52:13the word through the media the more
  1342. 52:15people will be aware of their rights
  1343. 52:16it's a such a huge issue that I think a
  1344. 52:19lot of us don't often often think about
  1345. 52:21at least in our daily lives we get
  1346. 52:23wrapped up in law practice we don't
  1347. 52:24think about the bigger picture this book
  1348. 52:28infinite hope that we heard Anthony
  1349. 52:30talked a bit about do you think it's a
  1350. 52:33real an Anthony's talk in general do you
  1351. 52:35think it's a real indictment on our
  1352. 52:37legal system or is there something maybe
  1353. 52:39different at play I mean either one of
  1354. 52:41you what do you guys think is really the
  1355. 52:43takeaway from this well I think what are
  1356. 52:45the reasons we wanted to bring it to our
  1357. 52:46listeners is that although lawyers in
  1358. 52:49the legal system were a part of what
  1359. 52:51went wrong in Nathan's case ultimately
  1360. 52:53it also shows how they're good lawyers
  1361. 52:56who are working and committed to justice
  1362. 52:59and seeing the justices done can also
  1363. 53:00right wrongs and it's great to see in
  1364. 53:04this story how there were dedicated
  1365. 53:06lawyers and also journalism students and
  1366. 53:09reporters who were pursuing the truth
  1367. 53:11and how the truth did went out
  1368. 53:13absolutely and now Patricia when Pamela
  1369. 53:16Koloff was investigating this story and
  1370. 53:19was about to write it did you get a
  1371. 53:21chance to talk to her behind the scenes
  1372. 53:22and what she was learning as she wrote
  1373. 53:24it or did you did you come to know of it
  1374. 53:26once it was published in Texas Monthly
  1375. 53:28if I remember correctly I think she did
  1376. 53:32talk about the story a little bit as she
  1377. 53:34was writing about it but she didn't give
  1378. 53:36away too much she
  1379. 53:37is really focused and working on it and
  1380. 53:40crafting her article she's a very
  1381. 53:43in-depth reporter that really listens to
  1382. 53:45all aspects of things that are going on
  1383. 53:47and and then puts together a story that
  1384. 53:51can really be powerful as we can see I
  1385. 53:53do remember that once the story came out
  1386. 53:57it was just one of those stories where
  1387. 54:00we knew that it was important to be out
  1388. 54:03there and that it was hopefully
  1389. 54:05something would result from the article
  1390. 54:07that once it came out do you think she
  1391. 54:09was surprised that it played such a
  1392. 54:12pivotal role and ultimately freeing
  1393. 54:13Anthony Graves I can't speak for her but
  1394. 54:16I can only think that knowing her and
  1395. 54:20knowing that she likes to seek the truth
  1396. 54:22that I'm sure that that she was happy
  1397. 54:25that the truth did finally come out very
  1398. 54:29interesting story about the interplay
  1399. 54:30between the legal system and journalism
  1400. 54:33and how the two kind of worked together
  1401. 54:34to help right or wrong well Patricia and
  1402. 54:37Lowell thank you again for being here I
  1403. 54:39hope you've enjoyed listening to what
  1404. 54:41Patricia and Lowell had to say and for
  1405. 54:42the contributions that they made they
  1406. 54:44both raised some very important points
  1407. 54:45but more importantly you know these two
  1408. 54:47are rock stars and if you have not yet
  1409. 54:50you need to make sure that you come to
  1410. 54:52this State Bar of Texas annual meeting
  1411. 54:53every year happens in June and you don't
  1412. 54:56want to miss it it's in a different
  1413. 54:57Texas City every year it's a lot of fun
  1414. 55:00and you meet a lot of folks and one of
  1415. 55:01my favorite things is to hang out the
  1416. 55:03State Bar staff so Patricia Lowell thank
  1417. 55:05you again and thank you for listening to
  1418. 55:08the State Bar of Texas podcast if you
  1419. 55:11like what you heard today you know where
  1420. 55:13to find us you can find us at legal talk
  1421. 55:14Network com there's a lot of amazing
  1422. 55:16content up there you don't want to miss
  1423. 55:18it
  1424. 55:18also remember to please rate us in Apple
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  1426. 55:23Facebook
  1427. 55:24thank you again we'll see you next time
  1428. 55:31if you'd like more information about
  1429. 55:32today's show please visit legal talk
  1430. 55:34network comm go to Texas bar comm slash
  1431. 55:38podcasts subscribe via Apple podcast and
  1432. 55:41RSS find both the State Bar of Texas and
  1433. 55:44legal talk Network on Twitter Facebook
  1434. 55:46and LinkedIn or download the free app
  1435. 55:49from legal talk network in Google Play
  1436. 55:51and iTunes the views expressed by the
  1437. 55:55participants of this program are their
  1438. 55:57own and do not represent the views of
  1439. 55:59nor are they endorsed by the State Bar
  1440. 56:02of Texas legal talk network or their
  1441. 56:04respective officers directors employees
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  1444. 56:13be considered legal advice as always
  1445. 56:15consult a lawyer
  1446. 56:16[Music]
  1447. 56:19you

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