What Next For Prosecutor Disbarred For Sending Innocent Man To Death Row?

Jun 2014
60,492
34,751
Cleveland, Ohio
#1


A Texas legal disciplinary board upheld a decision to disbar a prosecutor who oversaw a case that sent an innocent man to death row.

The board on Monday affirmed an earlier decision that found Charles Sebesta extracted false confessions and withheld testimony to convict Anthony Graves, who spent 18 years in prison before he was exonerated.

The Texas supreme court-appointed board of disciplinary appeals said Sebesta’s behavior in the case was “egregious”.

*Snip*

There was no physical evidence linking Graves to the murders [by arson]. The prosecutor’s case instead relied on a string of prosecutorial misdeeds. Sebesta presented false testimony in the case and withheld information from the defense.

Sebesta had convicted another man, Robert Carter, for setting the fire. Sebesta pushed Carter to say Graves was an accomplice, though Carter told Sebesta he acted alone a day before he testified.

“Sebesta never disclosed this information to the defense,” the disciplinary board said.

Sebesta also lied about one of the defense attorney’s alibi witnesses. Sebesta said the witness was a murder suspect and could be indicted, which was not true, but the witness refused to testify.

*Snip*

Sebesta told Reuters that he was being targeted by state bar attorneys and that Graves was rightfully convicted. “My opinion is that we presented the evidence we had and felt like it was sufficient,” Sebesta said.

The Texas state bar revoked Sebesta’s attorney’s license in June because he had engaged in prosecutorial misconduct in the case. Sebesta appealed against the ruling but the Monday decision finalizes his disbarment.

At least 4.1% of people sentenced to death in the US since the 1970s are innocent, according to a study published in April 2014.
https://www.theguardian.com/us-news/2016/feb/09/texas-prosecutor-charles-sebesta-disbarred-anthony-graves-innocent-death-row?CMP=share_btn_tw

I think it is impossible to read the facts of the above case and not conclude, this prosecutor is guilty of attempted first degree murder.

What say you? Should he be prosecuted for trying to have the state kill a man he knew was not guilty?
 
Likes: 4 people
Apr 2012
10,688
4,390
East coast USA
#2
If life was fair he would be given a choice- serve the same amount of time or pay 60, 000 for every year victim was locked up to victum.
 
Likes: 3 people
Sep 2011
24,983
17,432
aMEEErica
#4
Well I don't know... if a cop can choke someone for suspected "selling loosies" (with other cops standing around watching) and get away with it...

Wouldn't administrative leave be enough? Plus the humiliation of being a thread topic at PH?

After all, we're talking about Texas here!

Thx :popcorn:
 
Likes: 6 people
Jun 2014
60,492
34,751
Cleveland, Ohio
#5
If life was fair he would be given a choice- serve the same amount of time or pay 60, 000 for every year victim was locked up to victum.
Why? We never allow anyone to "buy" their way out of prison in any other crimes or fact patterns. What would justify doing that here?

As for the time his victim served, that is relevant but the law dictates a penalty for attempted 1st degree. He should get what is coming to him, IMO.
 
Likes: 2 people
Jun 2014
60,492
34,751
Cleveland, Ohio
#6
That sounds reasonable.


Oh and disbar Sebasta.
He has been disbarred, Ted.

The facts make it clear, he's guilty of the crime -- and he has been through a trial, a state bar association process and an appeal court proceeding, litigating his disbarment. IOW, the facts are not in dispute.
 
Likes: 3 people
Jun 2014
60,492
34,751
Cleveland, Ohio
#8
Well I don't know... if a cop can choke someone for suspected "selling loosies" (with other cops standing around watching) and get away with it...

Wouldn't administrative leave be enough? Plus the humiliation of being a thread topic at PH?

After all, we're talking about Texas here!

Thx :popcorn:
You joke, but the fact is I don't believe this -- disbarring a DA for knowingly convicting the wrong person -- has ever happened in the US before. (I could be wrong......but I don't think so......)

There's been a whole lot of this, especially in DP cases, and most victims were helpless. Not just poor, black and despised, but most times also severely mentally disabled.
 
Likes: 1 person
Sep 2011
24,983
17,432
aMEEErica
#10
You joke, but the fact is I don't believe this -- disbarring a DA for knowingly convicting the wrong person -- has ever happened in the US before. (I could be wrong......but I don't think so......)

There's been a whole lot of this, especially in DP cases, and most victims were helpless. Not just poor, black and despised, but most times also severely mentally disabled.
Yes, I mock the whole system, especially in Texas.

Absolutely, he should be prosecuted and sent to jail.

I am a "law and order" democrat and believe in "deterrent" style sentencing for many cases: "Don't let this happen to you!" :surprise:

Thx :popcorn:
 
Likes: 3 people