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Prosecutor who sent innocent man to death row is disbarred

AUSTIN, Texas » A former prosecutor who used false testimony and withheld evidence to send a now-exonerated man to death row in Texas has lost an appeal to overturn his disbarment.

The Dallas Morning News reports that the Board of Disciplinary Appeals on Monday upheld the decision of the State Bar of Texas to disbar Charles Sebesta. The board’s decision is final.

The Texas State Bar revoked the Burleson County district attorney’s law license in June, finding he had engaged in prosecutorial misconduct in the case of Anthony Graves. Sebesta appealed the ruling.

Graves was convicted in the 1992 slayings of six people in South Texas and was sentenced to death in 1994. He spent 18 years in prison, including 12 on death row, and came close to execution twice.

The U.S. Fifth Circuit Court of Appeals reversed his conviction in 2010.

Graves filed a complaint against Sebesta in January 2014, asking the bar to hold the prosecutor accountable for withholding critical evidence.

The State Bar of Texas Board of Disciplinary Appeals called Sebesta’s conduct in the Graves case “egregious.”

The Bar ruled in 2007 that there wasn’t any cause to disbar Sebesta in the case, and his lawyers argued last month that the agency couldn’t change its response to a new complaint Graves filed.

But a lawyer for the board said anyone who has been wrongfully convicted has up to four years after their release to seek discipline against prosecutors who elicit false testimony or withhold evidence, under a 2013 law.

“The bar stepped in to say that’s not the way our criminal justice system should work,” Graves said. “This is a good day for justice.”

This story has been corrected to show that the appeals court reversed Graves’ conviction in 2010, not 2006.

17 responses to “Prosecutor who sent innocent man to death row is disbarred”

  1. mitt_grund says:

    So, what no apology from the state of Texas, no punitive damages, no jail time for the prosecutor, no nothing? This story stinks from all the unanswered questions it leaves. AP reporter standards at a new low.

  2. google says:

    whatever happened to premeditated attempted murder by the DA. He is the angel of light (angel of death).

  3. taka16 says:

    Prosecutors are so evil. Too much power to have someone falsely accused and murdered.

    • South76 says:

      What is worse are defense lawyers who will defend criminals with overwhelming evidence of their crime. What this prosecutor did is despicable by witholding key evidence and producing false information just to convict this guy. The losers in this case and all other cases, where the perpetrators get away with their crime because they the the means to defend themselves or have sharp talking defense attroneys, are the victims of those crimes. Many a times we lose the sight of who the real victims are.

      • Bothrops says:

        that is what defense lawyers are supposed to do, whether the case stinks or not

      • tploomis says:

        Everybody is entitled to a defense. Even if evidence against a defendant is overwhelming, they deserve to go free if there has been police or prosecutor misconduct to gain a conviction. It is most important that law enforcement officials follow the law.

  4. taka16 says:

    Evil people will get their day, guaranteed.

  5. cwo4usn says:

    Mr. Graves needs to suit the DA personally, not the taxpayers.

  6. BigOpu says:

    Give him back his status. Just have him trade places for the man he put in for 18 yrs.

  7. engineersoldier says:

    A step in the right direction for Texas, a state I hold in low regard when it comes to justice, but he should face criminal charges for his criminal behavior and the victim should be justy compensated.

  8. justmyview371 says:

    The Texas Bar is wrong in trying to defend the former prosecutor. This is a clear example of prosectors trying to convict people at any cost. Defense attorneys do it too. It is malpractice and subject to serious sanctions.

  9. Bean808 says:

    There’s a good handful of attorney’s in Hawaii that should be disbarred. lol

  10. cojef says:

    Wonder what Sebesta sees in the mirror every morning when he brushes his teeth or shavs?

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