Friday, October 17, 2014

Ed Graf: Retrial; Day 9; Defence expert witness - a fire investigator who used to work for the Texas State Fire Marshall's Office - says there was not enough information to determine if the fire was an accident or incendiary. Poses three possible causes of the blaze: "The boys started it with matches, the hot sun ignited fumes from inside the shed and Ed Graf Jr. started the fire." KXVV TV. (The defence rested its case; Closing arguments to begin Monday);

He did give three possible causes for the fire, though. Those are: the boys started it with matches, the hot sun ignited fumes from inside the shed and Ed Graf Jr. started the fire.  Sing also agreed with District Attorney Abel Reyna when he said just because the cause of a fire is undetermined, it doesn't mean there was no criminal act. The defense rested after speaking with the judge and the state outside of the jury for around 20 minutes. The state then called on three rebuttal witnesses. After the final witness, the judge recessed the trial until Monday morning at 8:30. Closing arguments are set to begin sometime Monday morning and directly after the jury will begin deliberations."

See related Waco Tribune story:  "In state rebuttal testimony, prosecutors read the testimony of Trey Bagby from Graf’s first trial. Bagby was 15 at the time and said he was playing with Jason and Joby and they decided to ride bikes. They only had two and he asked the boys if they had another bike he could ride. He said they told him there was one in the shed but they were not allowed to go in the shed. They told him that Graf would spank them if they went in the shed, so they never did. Bagby said he went up to the boys’ mother after the funeral and tried to hug her but Graf stepped between them and pushed him away with his hand. The last witness, Rick Grimes, a state rebuttal witness, testified that he is a longtime friend of Graf’s and said he visited with Graf in jail and by phone while Graf waited for his retrial. Prosecutors listened to conversations between the two, which were recorded by equipment at the jail. Grimes said Graf called McLennan County District Attorney Abel Reyna a vulgar name and said whoever drafted the current indictment against him is a “dumb ass.” He also said Graf was confident he would be acquitted, saying the state was going to get “O.J.ed,” a reference to Hall of Fame football player O.J. Simpson, who was acquitted of murdering his wife and her friend but was later found responsible for their deaths in a civil lawsuit. Defense attorneys asked Judge Matt Johnson if they could cross-examine Grimes on Monday morning to give them a chance to review hours of jail recordings of Graf and Grimes talking."

The entire story can be found at:


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