Friday, February 14, 2014

Bulletin: Ed Graf. Texas; "Arson science" case: He is seeking release from custody pending the new trial ordered after the Texas Court of Appeals threw out his capital murder conviction in March 2013 on the basis that modern forensic techniques could prove he didn't start the fire in a shed in the backyard of the family's home that killed his two sons. Hearing set for February 21, 2014. Additional story; Waco Tribune: Graf lawyers seek dismissal of charge because prosecution files which may contain exculpatory evidence are missing;

STORY: "Local man convicted of killing sons seeks release from jail," by reporter Paul J. Gately,  published by KWTX on February 13, 2014;

GIST: "Ed Graf,  the Hewitt man whose capital murder conviction 26 years ago for burning his sons to death was thrown out, has filed papers with a local court seeking his release from custody. Graf’s attorney has filed a writ of habeas corpus seeking Graf’s release. Graf has served more than 25 years in state prison in the case......... A hearing on the writ is set for Feb. 21 in 54th District Court......... Further the writ asks Johnson to dismiss any remaining charges against Graf and, if release is not granted, that the judge set a "reasonable" bond so Graf could be released. The Texas Court of Appeals threw out his capital murder conviction in March 2013, citing faulty arson science. The court agreed that modern forensic techniques could prove he didn't start the fire in a shed in the backyard of the family's home in Hewitt that killed the two boys."

The entire story can be found at:

See also  Waco Tribune story: "Former DA's records sought in Graf case: "An attorney for Edward Graf Jr. claims that capital murder charges against his client should be dismissed because files that may contain evidence helpful to his client are missing. Prosecutors are required to turn over to the defense exculpatory evidence, or material that could be favorable or tend to exonerate a defendant. But because District Attorney Abel Reyna and Vic Feazell, the former district attorney who tried Graf in 1988, have said the original DA’s office file cannot be located, Graf’s attorney, Walter M. Reaves Jr., is seeking dismissal of the charges. Graf, 61, who won a new trial from the Texas Court of Criminal Appeals, is set for trial May 19 in Waco’s 54th State District Court. “Defendant suggests that his trial cannot proceed without the assurance that any evidence which points to his innocence has been produced,” Reaves wrote in his motion to dismiss the charges. “That assurance cannot be given.” Judge Matt Johnson has not ruled on Reaves’ motion."

Grits for Breakfast post: "DA's files lost in Ed Graf arson case; Graf's was one of the cases reviewed by the state fire marshal in which the conviction was found to have been based on since-debunked arson indicators now known to be junk science. See extensive coverage of Graf's case from The Texas Observer."


Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
I look forward to hearing from readers at: