Prosecutor who sent innocent man to death row to face ethics hearing before state bar

Exonerated Texas death row inmate Anthony Graves was accompanied by attorney Robert Bennett, right, at a news conference about Graves' case March 5. Exonerated Texas death row inmate Anthony Graves was accompanied by attorney Robert Bennett, right, at a news conference about Graves' case March 5. Photo: Marie D. De JesÃ©ºs, Staff Photo: Marie D. De JesÃ©ºs, Staff Image 1 of / 11 Caption Close Prosecutor who sent innocent man to death row to face ethics hearing before state bar 1 / 11 Back to Gallery

The former district attorney who successfully prosecuted Anthony Graves for capital murder, sending Graves to prison for 18 years for a crime he did not commit, will face accusations of prosecutorial misconduct stemming from the case in an administrative hearing before the State Bar of Texas.

If found guilty of unethical conduct, former Burleson County District Attorney Charles Sebesta Jr. could be disbarred, said Graves' attorney Kathryn Kase. Sebesta's attorney, Stephen McConnico of Austin, could not immediately be reached for comment Monday. Claire Mock, spokeswoman for the bar association's chief disciplinary counsel, said the proceeding is confidential and that she could not comment.

Graves was freed from prison four years ago after serving more than 18 years for the 1992 murder of six Burleson County residents. On two occasions, he was scheduled to be executed.

Graves was convicted as an accomplice to Robert Carter in the killings. Twice before his 2000 execution, Carter stated that Graves had not participated in the crime. Sebesta did not believe Carter, calling Graves "cold-blooded" and placing advertisements in two Burleson County newspapers in 2009 disputing media accounts critical of the prosecution.

In October 2010, Graves was freed after Sebesta's successor, then Burleson County District Attorney Bill Parham, filed a motion to dismiss charges. "He's an innocent man," Parham said. "There is nothing that connects Anthony Graves to this crime."

"Twenty years of being victimized by Charles Sebesta is enough," Graves said in a Monday statement. "I never should have been on death row. The courts and the State of Texas finally agreed and acknowledged that I am completely innocent."

Kase, executive director of the Texas Defender Service, said Sebesta opted to have the accusations, made earlier this year by Graves, heard in an administrative hearing, which will be closed to the public.

"We are disappointed that Mr. Sebesta chose to have the Bar's action against him proceed before an administrative judge rather than before a court of public record," she said. "His conduct against Anthony Graves was in a public proceeding and he continues to make public attacks on Mr. Graves. He should have defended his conduct in a public proceeding, for all to see."

Sebesta is now a lawyer in private practice in Caldwell, according to the Bar's website.