Death Row inmate Anthony Graves at the
Terrel Unit in Livingston.

GALVESTON — A special prosecutor appointed
to retry former death-row inmate Anthony
Graves gained notice for prosecuting a man
executed despite information casting doubt
on the evidence used to convict him.
Burleson County District Judge Reva Towslee-Corbett
on Friday appointed former Navarro County
Criminal District Attorney Patrick
Batchelor.
Batchelor replaces interim special
prosecutor Assistant Attorney General Julie
Ann Stone, who was appointed Thursday and
held the post for less than a day. The judge
gave no reason for the change in her order.
Batchelor won the conviction of Cameron Todd
Willingham, accused of setting a fire that
killed his three children in 1991. After the
Chicago Tribune reported that the arson
evidence used to convict Willingham was
faulty, the New York-based Innocence Project
presented a report signed by five arson
experts that examined the trial testimony
and found it based on obsolete assumptions.
But after reviewing the information, Gov.
Rick Perry declined to halt the 2004
execution.
Like Willingham, an innocence group says it
has evidence showing that Graves is
innocent.
The 5th U.S. Circuit Court of Appeals last
year ordered a new trial for Graves after
determining that prosecutors withheld
evidence and elicited false testimony.
The case was assigned to Towslee-Corbett,
who was forced to appoint a special
prosecutor after Renee Mueller, district
attorney for Burleson and Washington
counties, recused her entire office.
Towslee-Corbett has set Graves' bail at $1
million, an amount that U.S. Magistrate
Judge John Froeschner on Friday called
"pretty excessive and pretty oppressive,"
but never-theless legal.
Towslee-Corbett also has imposed a gag order
over the opposition of Graves' attorneys,
who said in court documents that media
coverage was the only way to ensure that he
received a fair trial.
Graves was sentenced to death for the 1992
slaying of a grandmother and five children.
They were bludgeoned, stabbed and shot, then
the house was torched to cover the crime.
Robert Carter, who was executed for the
crime, said repeatedly that Graves was not
involved.
harvey.rice@chron.com