Surviving Death Row: One Man's Fight for Freedom After A Wrongful Conviction | Anthony Graves — Transcript
Full transcript
- 0:03Anthony Graves (00:05) six people were
- 0:06shot, stabbed, blundered to death, gasoline was poured all over their body. The house
- 0:11was burned down, a crime that never happened in a small town like this.
- 0:15A young man thought he had seen four young black men in a Jeep
- 0:19thought one of those young black men in the me.
- 0:21And then they knocked on my door the next morning and changed my whole life.
- 0:24So I ended up going to jail, for crime I knew absolutely nothing about.
- 0:27Texas Ranger walks up to my face. and the words he said to me verbatim was,
- 0:31I don't believe you did this crime.
- 0:33the end of the day, they knew I was
- 0:35I was a young African-American man who could not afford that type of justice.
- 0:39this is thought that came to my mind that saved my life. And it was simple. Man,
- 0:43I'm just going to live till I die. That's saved my life.
- 0:51Paul S DelPonte (00:45) simplest things
- 0:51Paul S DelPonte (00:51) Welcome to true crime prevention,
- 0:52the podcast that melds true crime with real solutions. Let's expose
- 0:56how all crime starts the same way with a chance. Today we won't give it a chance.
- 1:02I'm Paul DelPonte and I work with McGruff the crime dog. Thank you for joining us.
- 1:06today. You are in for a real story full of drama that no movie, no TV script could do justice
- 1:14about the wrongfully accused. You're going to see what that's like to be on death row.
- 1:18to hear from Anthony Graves and his famous story in Texas on what it's like to face your execution
- 1:25not once, but twice But more importantly, how his spirit was not broken and how he's helping others.
- 1:31stay tuned for this absolutely gripping story of how the criminal justice system got it so wrong
- 1:36and what this heroic man is doing to make sure it doesn't happen to others. In the meantime,
- 1:41don't forget to click like and subscribe and we'll be right back with Anthony.
- 1:45Paul S DelPonte (01:45) Anthony, thank you for
- 1:46Crime Prevention. Great to have you with us.
- 1:48Anthony Graves (01:48) Thank you guys for inviting me on.
- 1:50Paul S DelPonte (01:50) and great to see you living as a free man again.
- 1:53⁓ So it has been quite an ordeal to say the least. Basically at the time the criminal justice system
- 2:00took away about half your life because you were wrongfully convicted of murder. Is that right?
- 2:05Anthony Graves (02:05) That is definitely correct.
- 2:07Paul S DelPonte (02:07) There we go. tell this
- 2:09goes guess 1994 around that time. How old were you then?
- 2:14Anthony Graves (02:14) So it actually was 1992
- 2:16when the crime had taken place and I was 26 years old. A week shy of my 27th birthday.
- 2:22Paul S DelPonte (02:22) and you were just living
- 2:24your life, minding your own business, is that?
- 2:26Anthony Graves (02:26) Yeah, yeah, I wasn't no
- 2:27criminal or anything. I was just minding my own business. then,
- 2:31you know, someone ⁓ called my name and said that I was involved in something with them,
- 2:36thinking that they could get away. But once they called my name, my whole life changed.
- 2:40Paul S DelPonte (02:41) And so when you say called
- 2:42your name, this was so actually the real killer accused you is that essentially.
- 2:46Anthony Graves (02:46) Well, that's who they've
- 2:48executed. So we'll call him the real killer. I don't know if he did it. But but he is.
- 2:51Paul S DelPonte (02:50) We don't know for sure.
- 2:51Okay. And this is in Texas,
- 2:54which is a capital punishment state.
- 2:56Anthony Graves (02:55) Yes, yes, this was in
- 2:57Texas. Matter of fact, a small town called Somerville, Texas,
- 3:01by 2000 people that resided there and nothing like this had ever happened in that small town.
- 3:06So when this did happen and a young man showed up to the funeral with bandages,
- 3:12he became immediately a person of interest to the Texas Rangers who were there at the
- 3:16funeral. So afterwards, they approached him and asked if they could talk to him. He agreed.
- 3:22Paul S DelPonte (03:03) Okay.
- 3:22Wow.
- 3:22Okay.
- 3:22So
- 3:22it was a murder case, it was a brutal murder, right?
- 3:25Anthony Graves (03:25) that six people were
- 3:26shot, stabbed, blundered to death, gasoline was poured all over their
- 3:30body. The house was burned down, you know, in the obvious attempt
- 3:33to cover up the crime. So it was a crime that never happened in a small town like
- 3:38this.
- 3:38was in an adjacent town, which is like about 25 miles from Somerville, Texas.
- 3:44Paul S DelPonte (03:40) okay.
- 3:44And then you said your name got at first implicated I'm assuming at some point the
- 3:50Texas Rangers or the police showed up knocking on your door tell us how that part unfolded.
- 3:54Anthony Graves (03:53) Yeah,
- 3:54so my name got called.
- 3:55A young man thought he had seen four young black men in a Jeep coming off
- 4:00the freeway onto the feeder. He thought one of those young black men in the Jeep
- 4:04was me. So when they took him to the DPS office, they started interrogating him.
- 4:08They asked him to give the name of someone who could have done the crime with him,
- 4:12and they would let him go. Well, because he thought he had seen me earlier in the Jeep,
- 4:16he called my name. They asked him for a story. It gave him like seven different stories.
- 4:20Then afterwards, when the story fitted their theory, they turned around and charged him
- 4:25with capital murder. And then they knocked on my door the next morning and changed my whole life.
- 4:28Paul S DelPonte (04:28) how open were they when
- 4:30they knocked on your door? you know, was it like, Hey, there was a murder, you're
- 4:34Anthony Graves (04:33) Well, it was actually my neighbor.
- 4:35Well, it was actually my neighbor who had knocked on my door and I opened and he told me, hey, man,
- 4:39the police looking for you. And I said, police looking for me? For what? Because I mean,
- 4:44I wouldn't know why would the police be looking for me? He said, I don't know,
- 4:47man, but they just asked me if that's if that was your vehicle.
- 4:50So in my mind, if the police looking for me, then they have gone by my auntie's house,
- 4:54because I go there every day. So I called my auntie to ask her, hey,
- 4:57Mike just told me the police was looking for me. Have they come by the house? She was like,
- 5:01no, why would the police be looking for you? I said, I don't know, but Mike just said they're
- 5:05looking for me. So she said, well, why you call the police station and find out? So I said, OK,
- 5:09well, better yet, I'll just put my shirt on and I'll go outside and I'll look for the police.
- 5:14This is what part of my story where I tell all your viewers and listeners who are listening
- 5:18to me right now that at the end of the day, no matter what you take away from my story,
- 5:23just remember this one thing because it could definitely save you and your family life. Don't
- 5:27go look for the police. ⁓ Let them find you. Because I went looking for the police because
- 5:33I wanted to know when I went downstairs, the police pulled up. He gets out the police cruiser,
- 5:38asked me my name. I tell him he asked me for some ID. I show it to him.
- 5:42Paul S DelPonte (05:29) Hahaha
- 5:42Anthony Graves (05:42) Then he tell me that
- 5:43he'd been told to come pick me up, take me to the police station because some
- 5:47officer wanted to talk to me. So I asked him, could you tell me what it's about? He said, no,
- 5:52but when you get down there, the officer will let you know. So I tell the next door neighbor,
- 5:56hey, Mike, the officer said I have to go to the police station for something, but my mother's on
- 5:59the way home. Could you let her know? I should be right back, right? Because I haven't done
- 6:04anything wrong. So in my mind, maybe I got a ticket or something that I forgot. I don't know.
- 6:09So when I told him, tell my mom I should be right back,
- 6:12I did not realize it was going to take me over 6,640 days of my life,
- 6:17along with two execution days, and witnessing over 400 men being murdered around me before
- 6:22I was able to come back home a free man. Because when I get down to the police station,
- 6:27they're telling me that some man has implicated me in a crime that I know
- 6:30absolutely nothing about. at the end of the day, they knew I was innocent. But I
- 6:35I was a young African-American man who could not afford that type of justice.
- 6:39And I ended up getting a death penalty for a crime I knew absolutely nothing
- 6:42about.
- 6:42Paul S DelPonte (06:42) Okay, so you're at the
- 6:43police At what point did they go from questioning you to reading you your rights?
- 6:49Anthony Graves (06:49) no, when I first,
- 6:50when they asked me to stand up, they began reading me my rights. Yeah, they,
- 6:53they, they, in their mind, they already got the person. Now let's start building the case.
- 6:57Paul S DelPonte (06:53) Okay.
- 6:57what kinds of questions did they start asking right off the bat
- 7:00Anthony Graves (07:00) they brought me in,
- 7:01accused me, and charged me with the crime, they just started interrogating me, man,
- 7:05and asking me about the crime that I couldn't answer. And then, you know, at the end of the day,
- 7:10Texas Ranger walks up to my face. He looks at me, and the words he said to me verbatim was,
- 7:15I don't believe you did this crime. But if you don't put nothing on Mr. Carter,
- 7:18we're going to put this whole thing on you. And if you're actually innocent,
- 7:21then don't let no grass grow on your grave. And he told the officer, now get him out of here.
- 7:25So I ended up going to jail, spending two and a half years for crime I knew absolutely
- 7:29nothing about. waiting trial, waiting trial, waiting trial. Begging them to take me to trial
- 7:33for two and a half years. I'm begging them take me to trial because I want to go home.
- 7:37Paul S DelPonte (07:35) Okay.
- 7:37Wow, okay, two and a half years, the prosecutor had to present a case.
- 7:41Anthony Graves (07:41) Yes.
- 7:41Paul S DelPonte (07:41) And
- 7:42it boggles my mind and I'm sure it boggled your mind even more.
- 7:47⁓ Wondering how could they present evidence to convict someone of not one,
- 7:53but multiple murders? help us unfold that because I'm having a hard time getting my mind around it.
- 8:00Anthony Graves (07:54) Wow, yes.
- 8:00It's still a mystery, man. How do you sentence us a man to death with no evidence? Well,
- 8:05I'll tell you how. When you got 12 people up in the jury,
- 8:0811 of them are white and one of them is a black man. That's how. Because when we picked the jury,
- 8:13it was 11 white jurors and one black. And my attorney said to me, well, I'm going to go see
- 8:18who the foreman of the jury juror is. And I just said, blurt it out to him, man, it's going to be
- 8:22the black guy. And he said, why you think that? I said, man, it's going to be the black guy.
- 8:25So he goes back into the jury room and he comes back out and he says, how did you know that was
- 8:30going to be the black guy? And see, you can answer the question now without me even having to tell
- 8:33you, but I'm going to fill it in. And I said, man, because they're going to convict me before they
- 8:37even hear this case. And they're going to put the black man as the face of the jury. And he don't
- 8:41realize that his vote cannot be the only voter for me because they're going to look like he's
- 8:46voting for the black guy. So he's one vote against me already. They're going to do the black guy.
- 8:50Paul S DelPonte (08:40) Okay.
- 8:50Anthony Graves (08:50) So that's what they did.
- 8:51They put the black guy in front as the former of the jury and they convict me
- 8:56before they heard the case. And they let the black guy and the judge, the note saying
- 9:00that I was convicted of capital murder with no evidence, no evidence at all,
- 9:06Paul S DelPonte (09:02) Okay.
- 9:06Anthony Graves (09:05) A young man who did not know me was able to
- 9:08lie on me. It caused me 18 and a half years of my life, most of it on death row. He did not do me.
- 9:14Paul S DelPonte (09:05) but a lie.
- 9:14Wow.
- 9:14OK, so the jury came back with a guilty verdict based on the testimony of one
- 9:20individually and no bullets, no forensic evidence, no nothing.
- 9:25Anthony Graves (09:18) Yes.
- 9:25nothing.
- 9:26Paul S DelPonte (09:27) So you're sitting there.
- 9:28Anthony Graves (09:28) Yeah.
- 9:28Paul S DelPonte (09:28) And you know, we've all
- 9:31watched enough movies to know how this goes. You know, please rise. The jury has reached its
- 9:36verdict and you're standing there. And you hear this guilty, guilty, guilty 12 times.
- 9:41I can't even imagine. So I gotta ask what was going through your mind? Cause I can't imagine.
- 9:45Anthony Graves (09:45) I was exhausted, man. For two and a half years,
- 9:48I believed that all I had to do was get the trial and let the truth come out and I can go home.
- 9:53So for two and a half years, I was geared up to make sure that the truth came out so I could go
- 9:58home. I don't know nothing about this. I don't know the people. People don't know me. I know
- 10:02nothing. And now two and a half years, I'm finally finally to get a child. But let me
- 10:06just tell you, my grandma used to say to me, be careful what you ask for in this world.
- 10:11because you just might get it. I wanted a trial. I wanted to prove my innocence,
- 10:16which that is not the law. The law is that you're innocent until proven guilty. But I
- 10:20needed to prove my innocence because I wanted to go home, man. I've been in jail two and a
- 10:25half years for a crime I know absolutely nothing about. I'm not a criminal. But yeah, here it is.
- 10:30I'm faced with capital murder, and I'm in trial for it. And I don't know nobody. I'm 27 years old.
- 10:37Now I'm 29 by the time we go to trial. And all I want to do is just tell the truth
- 10:43so I can go home. But that's not the way our criminal justice system works.
- 10:47If they're taking you into the courtroom, they're going in there to convict you,
- 10:52not to seek justice, not to seek the truth, but to seek a conviction. And
- 10:57your other side is trying to win as well. And the pawn in it all is the guy seat.
- 11:03That was me. Everybody's playing to win. I just want the truth to come out so I can
- 11:07go home. But that's not the way it's done in our courtroom. And that's why I've dedicated my life
- 11:12to sharing my story so people can understand. This is not TV. This is not made for TV. This
- 11:18is real life. People are losing their freedoms and their life to our criminal justice system
- 11:23because of the fear that they have sold us to that we now support it blindly. Blindly.
- 11:29And they're able to take people like me and mess up our lives when I've done nothing. So I've
- 11:34written my book about it. I've shared it. I go across the country and I share my story about it
- 11:38because it's important for people to know this is what's happening in our criminal justice system.
- 11:43Paul S DelPonte (11:43) Absolutely is. I just got to commend you,
- 11:46both on writing the book, doing all the speaking that you're doing. pointed out to me before we
- 11:51began the show, this is what you do now. And cause you got to do it. let's go back. So there you are
- 11:57convicted. Then you get taken away from jail to a real prison. I'm sure that wasn't pretty.
- 12:02Anthony Graves (11:53) Yes sir.
- 12:02Paul S DelPonte (12:02) death row, right?
- 12:03Anthony Graves (12:03) it was totally mind blowing. I'm here it is, I'm
- 12:06at home with my family one night, a crime happened in another town that I don't go to,
- 12:11don't know the people, the people don't know me. And now I'm on that road for the people that we
- 12:16have claimed to be the worst of the worst in our society. And now I'm having to live among them.
- 12:21Paul S DelPonte (12:18) Right, right. We
- 12:21live with them.
- 12:22Anthony Graves (12:21) It was scary, man. I was
- 12:24very scary. I remember the first week I was there,
- 12:27I didn't talk to nobody. I didn't want nobody to talk to me. They gave me some headphones
- 12:31that I could put on and listen to some music, right? Listen to the TV that was out on the
- 12:37run. It wasn't in your cell. You could see it out on the run with some headphones. every day,
- 12:42I would put them headphones on and I would relive from minute to minute my life in the free world.
- 12:48Paul S DelPonte (12:23) I bet.
- 12:48Anthony Graves (12:48) I did not want to be on death
- 12:50row. I did not deserve to be on death row. I hadn't committed no crime. I'm not no criminal,
- 12:54but I'm sitting here on death row. And I got headphones on trying to imagine myself in the free
- 13:00world among my family, among my peers, among the people that love me. And they took that from me
- 13:05for 6,640 days of my life. They took that from me with no evidence and then tried to murder me, man.
- 13:13Paul S DelPonte (13:13) So yet through all this,
- 13:15you persevered. And to me, that's probably the most amazing part of the story. They didn't
- 13:21break that's to your credit. That's because of who you are. truth eventually came out,
- 13:27but it wasn't quick. You were almost executed not once, but twice.
- 13:30Anthony Graves (13:16) Yes.
- 13:30Correct.
- 13:31Paul S DelPonte (13:31) you know you didn't do it. it sound
- 13:32like even the officer who, the Texas Ranger who interrogated you knew you didn't do it.
- 13:37There were people who knew you didn't do it, And I assume the prison guards and the wardens,
- 13:42they're treating you like any other prisoner, as you said.
- 13:45the worst amongst us. This is not some prison where they sent Martha
- 13:48Stewart. This is the real deal. How did like momentum start going to say, hey,
- 13:56we think we got the wrong guy here. How did that It wasn't quick, that's for sure.
- 14:00Anthony Graves (13:59) row,
- 14:00no, no, no, it wasn't quick, right? It took a lot of effort, right? ⁓ Anybody
- 14:07that would write to me, I don't care if it was a six-year-old kid writing crayon,
- 14:12I would respond and ask them, could you ask your mom or your dad to help me save my life?
- 14:18I wrote so many letters to so many people asking them to please help me save my life.
- 14:23that people start learning my story. I'm talking about from New York to
- 14:30⁓ Germany to Switzerland to Sweden to Norway to Italy, all these people started coming together
- 14:36after they learned my story. And we created an organization called Join Hands for Justice.
- 14:41I created sitting on death row over in France. And from France, it took off across the country.
- 14:46And from over there, they started talking about my case and it got to the shores of
- 14:50America. And when I was right in the backyard already, but when it once it got over here,
- 14:55a independent investigator came down to interview me. And after she interviewed me,
- 15:00she was so shocked about my story. She went to the innocent project and said,
- 15:04I think y'all need to investigate this case. So the innocent project.
- 15:08was holding a symposium and this lady she was a journalist professor and her students they
- 15:13were there at this death penalty symposium and they were talking about my case and they were
- 15:18talking about my case being on a fast-track execution had never really been investigated
- 15:23and wanted to know who would be willing to just investigate the case just to look into it and the
- 15:28The journalist professor and her students were there. She said she looked around, nobody raised
- 15:32their hand. She looked at her students and they looked at her and they all raised their
- 15:35hand together, which was like a blessing for me. Because for the next nine to eight to 10 years,
- 15:41this lady and her students overturned every rock that proved my innocence. And that's
- 15:46how it became knowledgeable in America that this innocent being was on Texas death row.
- 15:51Paul S DelPonte (15:38) Okay.
- 15:51So that is quite a story. You go from prison in Texas to momentum in France,
- 15:58back to the US, to group of journalist students, and then it takes the life of its own. So you
- 16:04were in prison for how long before this started happening? About two years then?
- 16:07Anthony Graves (16:07) I know I was in prison for
- 16:10about eight years before this journalist came into my life. Eight to ten years I was already there.
- 16:16Paul S DelPonte (16:15) Okay, eight to ten years and you were thinking,
- 16:18oh my God, I'm gonna get put to death for
- 16:20something I didn't do this whole time, I'd imagine.
- 16:22Anthony Graves (16:19) Yes.
- 16:22wow, yeah, I mean, you ⁓ you definitely think about your own mortality down there
- 16:27because every other day someone is getting executed that you know.
- 16:31Sometimes twice a day we're executing people, right? there were over 403
- 16:35men around me that I got to know down there that was executed by the state of Texas. So,
- 16:39you know, of course you're going to think about your own mortality. I
- 16:42remember the first time they gave me an execution date and they took me down to
- 16:46the office and they sent me in the chair to tell me that the state had had call.
- 16:51and they had sent me an execution date and they was going to kill me. It was around my
- 16:56son's birthday and they wanted me to know what I wanted them to do with my body,
- 17:01what I wanted my last meal to be. But I tell you this, that day changed my whole life again.
- 17:08And that was the same, that day was when I was starting, I started living on death
- 17:13row. After that, they told me there was something, there was a thought that came in my mind that just
- 17:18saved my whole life, my sanity and everything, and allowed me to start living on death
- 17:23row through all of that. And the thought was this, and I'll share this with your viewers.
- 17:27Paul S DelPonte (17:27) Please
- 17:27do.
- 17:28Anthony Graves (17:28) I ask your viewers,
- 17:29sometime when you're in a situation where you feel that there's no hope or that you feel that
- 17:35you need to give up or that everybody else is in control of the situation,
- 17:38this is what the thought that came to my mind that saved my life. And it was simple. Man,
- 17:44I'm just going to live till I die. Ain't nothing nobody can do about
- 17:47that. I'm just going to live till I die. That's it. That saved my life.
- 17:49Paul S DelPonte (17:49) Sometimes the simplest things
- 17:51make most sense.
- 17:52Anthony Graves (17:52) Yes sir, that saved my life to
- 17:54know that I had the power and I had the choice to continue to live until I die. Regardless of
- 17:59what anyone was planning for my life, I can live till I die. That's powerful for me.
- 18:04Paul S DelPonte (18:04) you prove the people who were wrong,
- 18:06wrong, through that power. it is amazing to me and I think to our listeners and
- 18:11viewers that your spirit, your mindset is what saved you. So you've got this
- 18:16group of journalists on the outside in your corner pulling for you. ⁓
- 18:22And you're on the inside with on death row. I assume that means very little
- 18:28freedom. Even within, even within a situation where there is no freedom,
- 18:33you have even less than, than most. And what was the treatment?
- 18:36Anthony Graves (18:29) very little.
- 18:37Yes.
- 18:37⁓ it was inhumane. Like I said, I was in a cage, a six by nine cage, 23 hours a day,
- 18:43right? One hour I can come out and walk around in a bigger cage that called it
- 18:47recreation. And that was it. You could shower three times a week.
- 18:50⁓ On the weekends, you're just locked in there from Friday to Monday morning, 20,
- 18:5524 hours a day. I can take my hands, open up my arms and basically touch the walls.
- 19:02And I take three steps forward, I'm at the front door, I take
- 19:05three steps backwards, I'm at the back of them.
- 19:07back of my cage, right? and the rules are really there to dehumanize you,
- 19:13to treat you less than. And so I would see a lot of men lose their minds, going crazy,
- 19:18dropping their pills, hanging themselves in their cells. These are things you don't
- 19:21really hear about in the public because they don't want you to know, but that's
- 19:24what's going on down there regularly. Guys are just, the conditions are driving me insane,
- 19:29right? And they haven't even gone through their appeal process yet.
- 19:32Paul S DelPonte (19:32) So you're persevering
- 19:33through all this. You've got this thought, live each day, live my life.
- 19:37Something must have motivated you persevere, to not take your own life, to not give up.
- 19:45I'm just fascinated that you are where you are today because of you. And I want to hear more.
- 19:50Anthony Graves (19:46) Well, yeah. Yeah.
- 19:50Well, let me take you back then to the I was in jail for like three weeks. Right. And,
- 19:56you know, I, you know, one of the things about believing in God and I'll take you
- 20:00to this when we learn to believe in God, usually it's because our parents
- 20:05had told us when we were little kids and we start believing in God because
- 20:08that's what we learned from our parents. go to church, sing in the choir, all that.
- 20:12But at the end of the day, we really don't have a personal relationship with him when
- 20:16we start believing in him. We believe in him for other reasons. Like I said, our parents,
- 20:20we were taught whatever, but that's no real personal relationship there, right? So when I
- 20:26was arrested, I had been in jail three weeks. I've been reading my Bible, I'm doing all the right
- 20:31thing. I'm praying because I'm innocent and I shouldn't be here. Well, after about three weeks.
- 20:35and I also come to the cell and I'm standing up at the cell and he said,
- 20:38Graze, and he me some papers. Where's the indictment papers for capital murder?
- 20:43Right? So I had just been reading the Bible. And so after I got those papers,
- 20:47I was so upset that I looked around on my bunk and I seen the Bible was still there.
- 20:52I was so upset I went and got the Bible and throw it in the corner. I didn't want to read
- 20:55that Bible. I didn't want to have nothing to do with that because here it is, I'm innocent.
- 20:59I'm praying. I'm doing all the things that my parents told me I should be doing. And yet,
- 21:03I just got some indictment papers. So by 3 o'clock that morning, I could not sleep,
- 21:08but that Bible was still over there in that corner. It's just something in my head said,
- 21:12man, go pick that Bible up. I got off my bunk and I just went to pick it up just because.
- 21:17That was how I couldn't sleep. So I picked the Bible up. And if you look at my book, read my
- 21:22book, and when I open up my Bible, the Bible, my book is called Infinite Hope by Anthony Grace,
- 21:31how 12 years a solitaire, and I failed to kill my soul. But when I open up the Bible,
- 21:37to paraphrase what it said to me, it said, I will not put no more on you than you can bear.
- 21:43Paul S DelPonte (21:25) Let's give our listeners the name of the book.
- 21:43And it's a must read.
- 21:43Anthony Graves (21:43) That was the message. I
- 21:44will not put no more on you than you can bear. At that point, my whole life started
- 21:49to change. I started now paying attention to why me? Why am I here? What's going on
- 21:54around me? And then I was convicted and I was sentenced to death. And so now I'm on death
- 21:58row and I get an execution date and I'm seeing so many people being murdered around
- 22:02me. So I find myself going to sleep at night crying. I don't even care to be here no more.
- 22:07Okay, it's not that I'm guilty, I'm an innocent man, but what I'm witnessing, all this inhumanity
- 22:12around me, it just takes your spirit. And I don't even care to be here no more. But I
- 22:17lay down and I'm crying, tears rolling down my face. But then I wake up and I'm ready to fight
- 22:23again. Renewed energy, renewed strength. Where did that come from? I didn't understand what was
- 22:28going on. I started really paying attention. Then I started talking to my God, just...
- 22:33They call it prayer, but I was just talking because I needed somebody to listen to me. Who
- 22:37better to talk to than the person that I said I believed in? And I will say to them, Jesus,
- 22:41if you're real, I need you now. I need you more now than ever because I can't do this. As a man,
- 22:47I can't do this. This is hard. I witnessed so much inhumanity. But I noticed that every morning
- 22:54I still had the strength to fight for my life. And so I started saying, you know what, Anthony?
- 22:58Pay attention to what's ahead of you, not what's behind you. Because people behind you are trying
- 23:04to catch up and kill you for something you didn't do. But there's a light in front of you. That
- 23:08if you pay attention to that light, you can get to where you're going. And it's called freedom.
- 23:12And I knew that light was God because that light started shining bright in front of me.
- 23:16And I started paying attention to it. I just needed to get to that light. Just pay attention,
- 23:20Anthony. Don't worry about what's going on behind you, because you can't control that.
- 23:24Just pay attention to where you're trying to go. That's when I understood how real
- 23:28God was in my life. That's when I understood that I had a relationship with the person
- 23:33that I said that I really believed in, but never showed up. Now he's showing up for me,
- 23:38because I know I'm not doing this by myself. I can't do it. I want to give up.
- 23:42But something would not let me give up,
- 23:44Paul S DelPonte (23:44) you're talking to someone who
- 23:46was steeped in Catholic school, Catholic college, in just a couple minutes,
- 23:50you synthesized and made very crystal clear true meaning of faith better than I can recall
- 23:59any priest or any philosopher ⁓ saying because it was real and it was right in front of you.
- 24:05Anthony Graves (24:04) It was
- 24:05my life. It was right in front of me, man.
- 24:08Paul S DelPonte (24:08) So you've got this
- 24:09group of journalists who are trying to do the right thing. And didn't live what you
- 24:13live through and hope I got to pray to God I never do or anybody I know does,
- 24:18but I know enough about the system and systems in general. When the
- 24:23system thinks they've got something right and they put the wheels in motion where
- 24:27they were headed to take your life, it's not easy to stop those wheels and reverse them.
- 24:33So you've got this uphill battle. how did they and
- 24:36you start making enough noise that you were able to get those gears stopped?
- 24:40Anthony Graves (24:41) It was just, you it was
- 24:42a build up. You know, the professor, the journalist professor, her name is Nicole Katsura,
- 24:46I I want to put a name to it because this is a lady that saved my life.
- 24:50Paul S DelPonte (24:49) Please do.
- 24:50Anthony Graves (24:50) right, her and her students,
- 24:52but it was mostly her. She was an attorney, she turned to a journalist professor. Then she went
- 24:56back and got her license as an attorney and became part of my team. And she turned over
- 25:01every rock and she talked to everybody, anybody. She did news press conference,
- 25:06went to symposium, she went to Innocent Clinic, she did everything she could.
- 25:11because she knew she was representing there an innocent man. And so it just started
- 25:17picking up from there, man. And then I started hearing hearings and the other attorneys drawn
- 25:22on my case. And then the court started acknowledging that this man is innocent,
- 25:26that this man is innocent. And eventually they passed a law,
- 25:31a ruling claiming my innocence, citing egregious prosecutorial misconduct.
- 25:36That was the only reason that I was in jail on death row now because of
- 25:40egregious prosecutorial misconduct. And that's because she was able to show them
- 25:45all the evidence that proved my innocence and that proved that they manipulated,
- 25:50they lied, they cheated, they threatened witnesses, they did everything to secure
- 25:54a conviction of an innocent man. And she was able to prove that over time.
- 25:58Paul S DelPonte (25:36) Okay.
- 25:58Now,
- 25:58that last part, you make it sound straightforward and simple,
- 26:02but I'm sure it wasn't. How long are we talking here?
- 26:05Anthony Graves (26:03) No,
- 26:05we're talking at that time, we're talking 10 years, 10 years to execution. Yes, yes.
- 26:10Paul S DelPonte (26:09) 10 years, OK. So 10 years,
- 26:12you know you're innocent. Now you have her, and bless
- 26:16her, who knows you're innocent. And slowly, more and more people are saying,
- 26:21hey, this guy's innocent. So 10 years of that, though. And you're still,
- 26:25you're not looking in the rear view mirror. You're looking straight at the windshield going forward.
- 26:29Anthony Graves (26:29) Man, my mind at this point is
- 26:31this here. You gonna kill me or you gonna free me? That's not gonna be a compromise. Because
- 26:35they had been trying to give me the compromise. They had been trying to give me take a plea,
- 26:39a plea. They even at the end asked my attorney, well, would offer him time served,
- 26:45would he plead guilty? And he could leave the same day, right? It had gotten to that point.
- 26:50So my attorney has to tell me all this. So she comes back and says, Anthony,
- 26:54⁓ I know you're innocent and all that, but I need to tell you what they're
- 26:59offering. They want to know what you'll be willing to take time served. She said,
- 27:03people who think you guilty are going to think you guilty. People who know you're innocent are going
- 27:07to believe in your innocence. I want to save your life, but I understand. I just want to,
- 27:11I just have to tell you what they're offering and they're offering time served.
- 27:15if you plead guilty, that means you can leave today. And my response was, if that's the offer,
- 27:21then they're going to be feeding me and myself tonight. They're going to kill me or they're
- 27:25going to free me. That's not going to be a compromise. I am not compromising the truth.
- 27:28And that's how it is. So because of that, I stayed an extra four more years and three
- 27:33months behind steel double doors at the local jail when they overturned my case
- 27:37because they was trying to break my will and it was trying to get me to
- 27:40take a plea for something I did not do. And I was not going to do that.
- 27:43Paul S DelPonte (27:43) So they're clearly trying to
- 27:45break your spirit. completely unsuccessful. I can tell just by the time we were spending together,
- 27:53and good for you. the first execution date wasn't the only one you were given.
- 27:59Anthony Graves (27:47) Yes.
- 27:59Yeah.
- 27:59Wow, well, first time, right, it was premature. hadn't, and the thing about it, hadn't even
- 28:04exhausted my appeals. They were trying, they were hoping that my attorneys were not,
- 28:08I guess, experienced enough to where they wouldn't file the correct papers and they
- 28:13would execute me on the technicality, right? So, but my attorneys did file the motion for
- 28:18state. Three months after I got the first day of execution, they sent me another execution date.
- 28:24They were doing them all prematurely. My attorneys had to file a motion to the judge,
- 28:31asking the judge to admonish the DA for setting these premature execution dates because not only
- 28:37were they harming me, they were harming my mother, my family member, and I hadn't even exhausted my
- 28:41appeals. They were just hoping that we would make a mistake. They would execute me and nobody's
- 28:45gonna ever ask about the case. No one would ever know about Anthony Gray's being innocent.
- 28:50Paul S DelPonte (28:50) tell us a little bit about
- 28:51the main attorney, Nicole. She was happy teaching journalism and enjoying her job,
- 28:57I'm guessing. And then here's about you and feels compelled.
- 29:00Anthony Graves (28:56) Yeah.
- 29:00Yeah.
- 29:00Paul S DelPonte (29:00) And,
- 29:01you know, obviously you're in prison, you're not a wealthy man,
- 29:04you're not a billionaire who's gonna pay a lot of money. Yeah. How is she through all this?
- 29:13Anthony Graves (29:06) I never met one down there.
- 29:13So ⁓ Nicole today is my big sister. We have a great relationship, right? Because when she came
- 29:19in, and here's the thing I admire about Nicole is Nicole did her homework before she came to
- 29:28visit me. And the reason why she did it like that is she said, after that, spent two years.
- 29:33Paul S DelPonte (29:21) Well that part warms my heart.
- 29:33Anthony Graves (29:33) researching your case before
- 29:34I came to see you because I wanted to know the case. I didn't want to come and sit down
- 29:38and someone were able to manipulate me and tell me things that were not true. She said,
- 29:43so I already did the homework. So when I came to you, I knew you were already innocent. But I
- 29:49didn't know that. So when she came to me the first day to visit me and her and a student sat down,
- 29:54she asked me, says, is there anything you'd like to tell me? And I said to her, I said, yes, ma'am.
- 29:59I just want you know that I'm not finna sit out here and try to convince you that I'm innocent.
- 30:02If you do the work, you'll probably find out that I'm innocent. But I have a problem with
- 30:07sitting here trying to tell people that I'm innocent because there's this narrative that
- 30:11all people say that they're innocent and it's not true. So I don't want to feel like I need to tell
- 30:15you that I'm innocent. I just want you to know who I am and let you know that I've been messed
- 30:20over. And so she told me what was really great for me. She said, well, I just want you to know.
- 30:24I've already been looking into your case and we already believe in your
- 30:27innocence. That was like a weight off my shoulders because I did not want to
- 30:31try to convince somebody that I was innocent. I didn't need to do that.
- 30:34Paul S DelPonte (30:34) Okay, so you are.
- 30:35Alone on death row, you've obviously very skilled, sharp legal mind and young students
- 30:42around her years, still years ahead of you. give our listeners a sense of, you know,
- 30:48the day to day, the week to week, you're like, I can only imagine it must've been
- 30:52like a roller coaster. You get one little bit of good news and then you get shot down again.
- 30:56What was it like?
- 30:58Anthony Graves (30:58) So living on death row,
- 31:00you come to learn really quick that you can't let your highs be too high or your
- 31:04lows be too low. That's information all the time, right? It's a marathon, not a sprint,
- 31:09okay? And at the end, either free or they kill you, okay? Those are the facts.
- 31:15I so living on death row, man, it's like every day is the same day pretty much. It's
- 31:19a monotonous experience. ⁓ You wake up at two, three o'clock in the morning because that's when
- 31:24they feed you your first breakfast. Breakfast is basically. Ball egg, one one pint of spa
- 31:31milk. So a biscuit and some jelly and that's your that's your breakfast at three in the morning and
- 31:36then about nine o'clock you get lunch. Right and lunch would be about a green sandwich.
- 31:41with some chips and some, guess they call it Kool-Aid, but you can't even
- 31:47drink it because it's so strong. It cleans your hot pot out and stuff like that. So
- 31:51it's not even good for your insides, right? And then by three o'clock in the evening is
- 31:56your last meal, your dinner. And it can be anything from a chicken patty to...
- 32:02But it's never no good meals. just, I don't want to paint a picture that you eating really
- 32:06good. No, if your family, if you don't have family members of support from the outside,
- 32:10they'll send you money so that you can buy a commissary because it's a business down there,
- 32:14just like anything else. And they're making money. And if you don't have someone who can
- 32:17support you in that way, then you just at the mercy of the state and the state don't
- 32:21really care about people that trying to kill. Okay. So, so the every day
- 32:25was that type of day. And then you would have chaos where officers were gassing inmates who
- 32:30was refusing to reg, or who was already losing their minds and not following any rules. Or, you
- 32:36know, sometimes there's an execution day going on and the guy don't want to come out of his cell to
- 32:40be executed. So they have to put on their gear and they go in and beat him and bring him out so that
- 32:45they can strap him to the gurney and take him off and kill every day for 6,640 days that I lived.
- 32:52Paul S DelPonte (32:52) And you are absolutely
- 32:53right. That is something that a movie, a TV show can't give you a full picture of.
- 32:59And you're living it. ⁓ So as you say, you try not to let the highs be too high and
- 33:05the lows too low. So you're trying to keep an even keel, even sense of mind.
- 33:09Anthony Graves (32:59) No, no.
- 33:09Paul S DelPonte (33:09) your lawyers were successful,
- 33:10were you in the courtroom that day? Did they come back and they tell you? How did you find out?
- 33:14Anthony Graves (33:14) wow, man, wow. how I found out is October 27,
- 33:20⁓ 2010. Now I'd already been back in the county jail because my case had been overturned by the
- 33:26Fifth Circuit Court of Appeal, right? One of the most conservative courts, the most conservative
- 33:31court in our nation gave me a three-o vote, citing egregious prosecutorial misconduct.
- 33:35overturned my conviction. So now they take me back to the jail because the
- 33:39local prosecutor decided they're going to retry the case. It didn't matter to them,
- 33:42but that was just smoke. They were trying to get me to plead. So they take me back. I spent
- 33:46four more years and three months, as I said. So this day, October 27th, the officer came
- 33:52to my cell and understand I'm still in solitary confinement. I've been in solitary confinement
- 33:5716 or 18 and half years that I was there, right? Still trying to break my will to live.
- 34:02But the officer come to me that day, he open up, raise up the flap and looks inside my cell and he
- 34:07said, hey, put your shirt on, come go with me. And I'm asking him, where are we going? Right?
- 34:11Because at this time it's time for them to feed ⁓ dinner and I'm hungry. So I'm like,
- 34:18hey man, where are we going? He said, just put your shirt on, come go. So I my shirt on,
- 34:22he opened up the steel doors and now he and I, we're gonna walk down the hall.
- 34:26So I'm asking him, say, hey man, where we going? He said, just walk with me. And at this time,
- 34:31I've been in jail long enough to know my rights, Gideon versus Wainwright,
- 34:37that you have a right to an attorney. So I started telling him, hey man,
- 34:39I can't go nowhere with you without my attorney, right? So, because I noticed that we wasn't going
- 34:44into the attorney booth, we was going straight down the hall. And I'm getting scared because...
- 34:49has been noted that, you know, here it is. I've exposed them for these lies and now they
- 34:54talking about me walking up here with this officer. Now he's going to make it look like
- 34:57I'm trying to escape. They're going to kill me and nobody's going to ask the question,
- 35:00right? So I'm getting scared. So I'm saying, hey, I can't go nowhere.
- 35:05So by this time we get to the front, he opens up this door and I see my attorneys. So OK,
- 35:10good. So I exhale, I walk into the room and I see my attorney Nicole.
- 35:15Paul S DelPonte (35:01) ⁓ I'm with you, I've been shaking.
- 35:15Anthony Graves (35:15) along with another attorney of mine,
- 35:16Jimmy Phillips Jr. Nicole, when I walk in, she stands up and I can tell that she's trying to
- 35:22back back her tears. I can see she's crying, right? But in my mind, it's just more bad news,
- 35:27but I don't care. They're going to free me or they're going to kill me. It's not going to
- 35:30be a compromise, right? That's just, my mind is made up, right? I'm going to stand for something.
- 35:36And so Nicole looks at me and she said, Anthony, you remember when you told me that God was good?
- 35:41And I said, yeah, but in my mind, like, where you going with this? Because I'm
- 35:44hungry. Where's the food? I don't know what's happening. And then she looks,
- 35:49she said, well, I want you to know that God is good, Anthony, because the state
- 35:54just dismissed all the charges against you. And they didn't dismiss the charges because
- 35:58witnesses have died. Or they didn't dismiss the charges because evidence have got lost.
- 36:03They dismissed the charges because they believe in your innocence. And I asked her.
- 36:08Paul S DelPonte (36:08) So there were joyful
- 36:08tears.
- 36:09Anthony Graves (36:09) I said, yeah. So I said,
- 36:10what did you say? Because that just went over my head. I had a shield and a sword in my hand. I
- 36:15wasn't ready for that news. And she said, yeah, it's over with, man. Put these clothes on and
- 36:20let's get out. And by this time, I've been in a building for 18 and half years. I don't even know
- 36:26my size. So by this time the officer comes in who had escorted me down the hall, he said, Mr. Gray,
- 36:31would you like to go get your property? Because he had already knew, but he didn't tell me.
- 36:34Paul S DelPonte (36:26) Wow.
- 36:34Anthony Graves (36:34) I said, yeah, let me go
- 36:35get my property. But it wasn't property that I wanted to get. I didn't know what to do. I
- 36:39was so discombobulated because for 6,640 days, I had this dream of waking up and being at home,
- 36:46only to be waking up inside of a cage. And now here it is. It seems so real to me that
- 36:52if it's not as real, how am I going to get back from this? Because this seems so real. So by
- 36:57the time me and the officer started walking down the hallway, it just dawned on me, man.
- 37:01Man, this is over with. It's over with. So by the time we get to the sale, he said,
- 37:05well, what do you want out of your sale? I said, man, I don't want nothing. Let's
- 37:08just go before y'all change y'all He said, no, man, just get what you want. I said,
- 37:12let me get my photos and my legal stuff and y'all can have everything else,
- 37:16right? I want to go. And just like that, man, October 27, 2010, I went in jail when
- 37:22I was a week from my 27th birthday. And on this day, I'm walking out of here.
- 37:26Paul S DelPonte (37:21) Wow.
- 37:26Anthony Graves (37:26) 45 years old, never be like my 30s. Don't have
- 37:27Paul S DelPonte (37:28) 45 years old, you obviously don't have a career.
- 37:31was an award, I understand. Was it the state acknowledging
- 37:35you were wrongfully accused or did you have to sue the state?
- 37:38Anthony Graves (37:33) We want to end the war.
- 37:38No, no, no. The state acknowledged me being wrongfully convicted. They acknowledged my
- 37:41innocence and they compensated me. ⁓ You know, what do I do? I call it compensation.
- 37:47Paul S DelPonte (37:44) Okay.
- 37:47I don't know, I
- 37:48can't imagine, you know, money's nice, but it doesn't replace what you live through.
- 37:54Anthony Graves (37:50) The game will take part of it.
- 37:54No, doesn't.
- 37:54No, I took that money and I invested it into my nonprofit to try to help other people,
- 37:58man. So yeah, that's what I do. I know it's not about, it's not about riches. It's about legacy.
- 38:04Paul S DelPonte (37:59) Good for you.
- 38:04and you are not alone.
- 38:06Let's talk about that for a few minutes because I don't want people to believe,
- 38:10this is just so random. And just, this could never happen. It was one in a
- 38:14million. It's not one out of a million. Is that right? Tell us more about that.
- 38:18Anthony Graves (38:16) No, no, it's
- 38:18No, it's not one in a million. You know, we have, I forget how many states in our nation
- 38:23that believe in the death penalty, that supports the death penalty,
- 38:25that practices the death penalty. Okay, if you believe in the death penalty and all of that,
- 38:29that's fine. I have no argument with that. I have no argument at all about anybody's belief.
- 38:34in the death penalty, do not believe in the death penalty, that is between you and your God. I have
- 38:39no problem with that because I don't want someone to tell me how to feel if someone does something
- 38:44to my loved one. So I have no problem with you for or against the death penalty. But what I
- 38:49do know is that I was death row exoneree number 138 back in 2000. That means that 137 minutes.
- 38:58before me walked off our nation's death row innocent. And now we're
- 39:02up to about 190 since I've been high. So now we know for a fact that we have
- 39:08sentenced at least 190 men to death on our nation's death row. Are we willing
- 39:16to have that much collateral damage just to keep a death penalty that we can't control?
- 39:21Because we're not reason why I say we can't control it. Innocent men are finding themselves
- 39:27on death row for crimes they did not commit, meaning we no longer can control it. Are we
- 39:33okay with murdering innocent people just to say we have the death penalty? Because
- 39:38we know 190 people have walked off our nation's death row innocent. Innocent.
- 39:44So we have to wrestle with that. Not do you believe in the death penalty, but does the
- 39:48death penalty work? We know it doesn't work all the time. What are we willing to do about
- 39:52Paul S DelPonte (39:53) Well, there's one thing that
- 39:54we do and we encourage victims to speak up and what you have done, what you continue to do,
- 40:02what I know you are going to wake up tomorrow and do again is speak up. And for that,
- 40:07it is just amazing that your mindset has brought you probably, know,
- 40:14It's I would say it's almost the flip side of how you had a rationalized being on death
- 40:19row where you don't let the the highs get too high and the lows get too low you have lived the lowest
- 40:25that I could imagine and you have elevated that now to incredible heights doing things
- 40:32that people can't imagine you testify before congress is that right and you wrote a book
- 40:37Anthony Graves (40:36) Yes.
- 40:37Paul S DelPonte (40:38) and you're speaking out,
- 40:39you formed a nonprofit, you're doing all these
- 40:41amazing things because of your beliefs. And that's just absolutely incredible.
- 40:45Anthony Graves (40:42) Yes.
- 40:46Yes, it's at the end of the day, I'm going say also a selfishness. I'm taking back my life.
- 40:52Paul S DelPonte (40:52) you've taken back your life.
- 40:53Now I have a very simple question. You mentioned that beautiful day in
- 40:57October where there's your tearful attorney Nicole
- 41:01Just imagine the emotion going through her mind and you were supposed to get food.
- 41:06Now, I don't know, so I gotta ask, what's your favorite meal?
- 41:09Anthony Graves (41:05) Yeah.
- 41:09⁓ man, my favorite meal is, keep it simple, steak and potatoes.
- 41:14Paul S DelPonte (41:15) Steak and potatoes, okay, well,
- 41:16if you ever find yourself in Washington, D.C., or if I ever find my way in Texas,
- 41:21we're going out for the best steak and potatoes we can find.
- 41:25Anthony Graves (41:25) You
- 41:25know, I'll be in DC on the 21st of this month. The 21st, the 27th, yes,
- 41:30I'm coming this week. I'll be over in New York for a second.
- 41:31Paul S DelPonte (41:28) What, this month? I got a
- 41:32couple places in mind. Let's do it, man. We're gonna do it. We're gonna
- 41:37eat well and continue this story because I'm just fascinated. I'm
- 41:41just motivated by your spirit I just can't say enough good things about
- 41:45you. for our listeners out there, Do me a favor in the comment section.
- 41:49Tell us your thoughts about Anthony's spirit because I'm just amazed. I'd
- 41:53love to read those comments. Love to read it. Anthony Grace,
- 41:56thank you. We got a date on the 21st. See you in Washington. And for those of you out there,
- 42:02don't forget to click like and subscribe and join us again next week on True Crime Prevention.
- 42:09Anthony Graves (42:01) Yes, sir.
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