STORY: "The arson files: After serving 25 years, Ed Graf may finally receive new trial," by reporter Dave Mann, published by the Texas Observer on January 17, 2013.
GIST: "In my 2009 story, I detailed the flawed arson evidence against Graf—so-called
pour patterns on the floor and burn patterns on the wood. Investigators
at the time misread these clues using now-outdated understanding of
fire. They believed the “pour” patterns and burn marks on the walls and
supports showed that Graf had poured gasoline on the floor of the shed,
lit the gasoline and locked the boys inside. Austin fire scientist
Gerald Hurst told me in 2009 that these “old wives tales” about fire,
now debunked, revealed nothing about how the fire had started. The burn
patterns were simply evidence that the shed had been subjected to an
intense fire that consumed the entire structure. Hurst also contended
that the door to the shed must have been open—or the fire would have
died out from lack of oxygen. He concluded the prosecution’s theory of
arson didn’t square with the evidence. Hurst told me in 2009 that the flawed evidence in Graf’s case was as
bad if not worse than the disproved evidence in the now-infamous Cameron Todd Willingham case. (Willingham was executed in 2004). Carpenter agreed with Hurst’s examination of the burn patterns.
(Nationally known fire scientist John DeHaan issued a report in the case
that reached similar conclusions). But Carpenter added even more
compelling scientific evidence that the fire was accidental. He
testified that the toxicology of Joby and Jason’s blood proved the fire
wasn’t set with gasoline......... The parties will reconvene for another hearing on Jan. 24 when Judge
Allen will issue his recommendation in the case. It will then go to the
Court of Criminal Appeals, which will make the final ruling. After the hearing, as Graf’s family members filed out of the
courtroom, Reaves said he was optimistic. “I feel good about it. I think
at a minimum we’ll get a new trial.” He said even if he couldn’t
definitely prove Graf’s innocence, he has shown that the evidence used
to convict Graf was unreliable, which would force a new trial. It seems
unlikely that prosecutors would attempt to retry Graf given the flawed
evidence. If he wins a new trial, Graf may be released from prison. If so, he would be one of the first Texans wrongly convicted of arson to be freed. Graf’s case—along with the case of Alfredo Guardiola, which I also investigated in 2009—are
part of a wide ranging review of arson convictions by the Texas
Forensic Science Commission along with the Texas Innocence Project and
the Texas Fire Marshal’s Office. There are hundreds of people in Texas
prisons on arson convictions."
The entire story can be found at:
http://www.texasobserver.org/the-arson-files-after-serving-25-years-ed-graf-may-finally-receive-new-trial/
PUBLISHER'S NOTE
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:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com
Harold Levy: Publisher; The Charles Smith Blog.
