State denies compensation to wrongly convicted man State rejects compensation for wrongly convicted man

“I’m sorry,” Roy Rueter told Anthony Graves at a news conference Thursday that marked Graves’ release after 18 years in prison for a crime he didn’t do. Rueter said prosecutors misled him, and he testified against his friend at trial. less “I’m sorry,” Roy Rueter told Anthony Graves at a news conference Thursday that marked Graves’ release after 18 years in prison for a crime he didn’t do. Rueter said ... more Photo: Michael Paulsen, Chronicle Photo: Michael Paulsen, Chronicle Image 1 of / 1 Caption Close State denies compensation to wrongly convicted man 1 / 1 Back to Gallery

GALVESTON — The Texas Comptroller’s Office has denied compensation to Anthony Graves, who spent 18 years on death row before a special prosecutor determined he was innocent and authorities dropped capital murder charges against him.

The state determined that Graves, 45, who could have received as much as $1.4 million had he been deemed eligible, should receive nothing because the words "actual innocence" didn’t appear in the document ordering his release, according to a letter the office sent to Graves’ attorney, Nicole Casarez.

Graves said he will continue to press for compensation.

"Nothing has ever been easy for me on this road to justice," Graves said. "I haven’t given up on it and I hope justice will prevail and I’ll be compensated."

Casarez said she was informed of the refusal Friday after phoning the comptroller’s office to find out why she hadn’t received a response even though the 45-day limit to act on Graves’ request had lapsed.

A letter e-mailed to Casarez from the comptroller’s office said the order dismissing the charges must say explicitly that Graves is innocent. Casarez said the office should have taken her client’s unique circumstances into consideration.

"I had spoken to so many people who seemed to think it was possible, I did get my hopes up and I am very disappointed," Casarez said.

The letter from the comptroller’s office said the court order must indicate "on its face" that it was granted "on the claimant’s actual innocence." Comptroller’s office spokesman R.J. Silva said the law did not allow for special consideration of the facts in Graves’ case.

Kelly Siegler, the special prosecutor who recommended dropping the charges against Graves, said that the words "actual innocence" are not commonly used in the courtroom. She said the compensation law likely was designed for cases involving innocence proven through DNA, not a case thrown out by prosecutors after a reexamination of the evidence.

"Who would have envisioned this kind of situation happening?" Siegler said.

"I’m willing to testify to the fact that we believe he’s innocent," she said. "I’ve signed an affidavit. I’m not sure what we are supposed to do to make it happen."

In December, lawyers in the case discussed asking state District Judge Reva Towslee-Corbett, who signed the order freeing Graves, to change the wording of the order. This never happened, however, for reasons that could not be determined Monday.

Casarez said a civil suit seeking compensation was one of several options that would be discussed with attorneys who specialize in that particular type of law. Graves can’t seek a pardon from Gov. Rick Perry, Casarez said, because he has nothing to be pardoned for and asking for a pardon would be tantamount to admitting guilt.

The 5th U.S. Circuit Court of Appeals in 2006 overturned Graves’ 1994 capital murder conviction. He was convicted of killing Bobbie Joyce Davis, 45, in her Somerville home, along with Davis’ 16-year-old daughter, Nicole, and four grandchildren, ages 4-9. Codefendant Robert Carter, executed for the slayings in 2000, went to the execution chamber saying that he had lied when he testified against Graves.

The appeals court found that the prosecution withheld information from the defense and elicited false testimony.

A new trial was ordered and Siegler, a former Harris County assistant district attorney,, took over the case in 2010. She found the original investigation riddled with errors and recommended to Burleson-Washington County District Attorney Bill Parham that the charges be dropped.

Parham agreed and both said at an October news conference that Graves was innocent.

Casarez said other attorneys had assured her that the comptroller’s office could approve the compensation because of the public statement’s prosecutors had made about his innocence.

"Even though the order didn’t contain those magical words ... I was certain the Comptroller’s Office would take a very full look at it," she said.

harvey.rice@chron.com