Former Texas Prosecutor Disbarred For Sending Innocent Man To Death Row

Charles Sebesta lied and presented false testimony against Robert Carter for the murders of six people.

A Texas legal panel voted on Monday to disbar a former prosecutor for sending an innocent man to death row by presenting tainted testimony and making false statements that undermined the defendant's alibi.

The Board of Disciplinary Appeals appointed by the Texas Supreme Court upheld a state licensing board's decision to disbar Charles Sebesta for his conduct in convicting Anthony Graves, who spent 18 years in prison on charges of setting a fire that killed six people before being freed. 

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Anthony Graves spent 12 years on death row for a crime he didn't commit.
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Sebesta had convicted Robert Carter for the murders and tried to get Carter to say Graves was an accomplice. But the day before he was to testify, Carter told Sebesta he acted alone and Graves was not involved, the board said.

"Sebesta never disclosed this information to the defense," the board said.

Sebesta then presented false testimony implicating Graves, crucial in a conviction since there was no physical evidence linking him to the crime, it said.

Before Graves' attorney was to present the alibi witness, Sebesta falsely stated in court that the witness was a suspect in the murders and could be indicted. The witness refused to testify and left the court, it said.

Graves' conviction was reversed in 2006 and he was remanded for a new trial. In 2010, a special prosecutor found there was no credible evidence that Graves was involved in the murders and Graves was then released.

Sebesta said he was being unfairly treated and that Graves was justly convicted.

"I am concerned about the process," he said in a telephone interview, adding he was being targeted by state bar attorneys.

"My opinion is that we presented the evidence we had and felt like it was sufficient," he said of the Graves case.

One of Graves' pro bono lawyers applauded the decision.

“In rejecting Sebesta’s argument, the Board of Disciplinary Appeals found that Charles Sebesta’s misconduct was so egregious that they characterized him as having ‘unclean hands.’ That certainly is a fitting description,” said Neal Manne.

A study this month said that U.S. exonerations hit a record high in 2015 as more prosecutors have been looking at troubled cases.

The issue has gained additional attention because of the hit Netflix documentary series "Making a Murderer," which suggests authorities planted evidence against two Wisconsin men convicted of murder. The allegation has been rejected by local law enforcement.

 

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Famous Death Row Last Meals
Robert Dale Conklin(01 of10)
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Robert Dale Conklin was executed July 12, 2005 in Georgia for the murder of his ex-boyfriend. For his last meal he requested: Filet mignon wrapped in bacon, de-veined shrimp sauteed in garlic butter with lemon; a baked potato with butter, sour cream, chives and real bacon bits; corn on the cob, asparagus with hollandaise sauce; French bread with butter; goat cheese; cantaloupe; apple pie with vanilla bean ice cream; and an iced tea. (credit:Rick Gayle Studio/Fuse via Getty Images)
Hastings Arthur Wise (02 of10)
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Hastings Arthur Wise was executed Nov. 4, 2005, in South Carolina via lethal injection for the murder of four of his ex-coworkers. For his last meal he requested: a lobster tail, French fries, coleslaw, banana pudding and milk. (credit:MikeyGen73 via Getty Images)
Ted Bundy (03 of10)
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Serial killer Ted Bundy confessed to 30 murders and was executed by the state of Florida on Jan. 24, 1989, by way of the electric chair. He made no special requests and was offered the traditional meal of steak and eggs, which he didn't eat. (credit:Stockbyte via Getty Images)
John Wayne Gacy(04 of10)
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John Wayne Gacy received a lethal injection from the state of Illinois on May 10, 1994, for the rape and murder of 33 young men and boys from 1972 to 1978. Dubbed the "Killer Clown" by the media, his last meal included a dozen deep-fried shrimp, a bucket of original recipe chicken from KFC, French fries and a pound of strawberries. (credit:KAREN BLEIER via Getty Images)
Dennis Wayne Bagwell(05 of10)
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Convicted of murdering his half sister, her 4-year-old daughter and two other women, Dennis Wayne Bagwell was executed in Texas on Feb. 17, 2005, by lethal injection. He asked for a last meal larger than most, requesting: A beef steak, medium rare with A1 Sauce, three fried chicken breast, three fried chicken thighs, BBQ ribs, a large order of french fries, a large order of onion rings, a pound of fried bacon, a dozen scrambled eggs with onions, fried tatters with onions, sliced tomatoes, a salad with ranch dressing, two hamburgers with everything, peach pie or cobbler, ketchup, salt and pepper, milk and coffee, ice tea with real sugar. (Actual meal not pictured) (credit:Jupiterimages via Getty Images)
Timothy McVeigh(06 of10)
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Timothy McVeigh was responsible for the Oklahoma City Bombing in 1995 that killed 168 people and injured hundreds more. McVeigh was executed via lethal injection in Indiana on June 11, 2001, and had another unusual request: two pints of mint chocolate chip ice cream.

Correction: This slide originally misstated the year of the Oklahoma City bombing as 1996.
(credit:Robert Byron via Getty Images)
Philip Workman (07 of10)
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Philip Workman was convicted of murdering a police officer during a failed robbery of a Wendy's in Tennessee. He was executed on May 9, 2007, via lethal injection. Workman actually declined a special last meal for himself, but rather asked that a large vegetarian pizza be given to a homeless person in Nashville. Prison officials denied his request, but homeless shelters across the state received pizzas from all over the country honoring his last request. (credit:Jupiterimages via Getty Images)
Ronnie Lee Gardner(08 of10)
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Ronnie Lee Gardner was already on trial for the murder of one man, when he fatally shot an attorney during a failed escape attempt. He was executed June 18, 2010, by firing squad in Utah. Not only did Gardner request steak, lobster tail, apple pie, vanilla ice cream and 7-Up for his last meal, he also spent his last hours watching the "Lord of the Rings" trilogy. (credit:Sarah Bossert via Getty Images)
Velma Barfield(09 of10)
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Convicted of five murders, Velma Barfield was the first woman in the U.S. to be executed after the 1977 return of capital punishment and the first woman to receive her sentence by lethal injection in 1984. Like Eddie Duval Powell, she made no special last meal, but rather a can of Coca-cola and a bag of Cheez Doodles. (credit:Zoonar RF via Getty Images)
James Edward Smith (10 of10)
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James Edwards Smith was convicted of robbery and murder in Texas and was executed on June 26, 1990. With perhaps the strangest request, Smith did not ask for a meal, but for a lump of dirt, which was reportedly for a Voodoo ritual. As dirt was not on the list of approved prison foods, his request was denied and he settled for a small cup of yogurt instead. (credit:Francesca Yorke via Getty Images)

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