By Ben Philpott, KUT News
http://stream.publicbroadcasting.net/production/mp3/kera/local-kera-955169.mp3
Austin, Texas – Lawyers for wrongfully convicted death row inmate Anthony Graves have filed a lawsuit to get state sanctioned compensation for the 18 years Graves was in prison. KUT's Ben Philpott reports.
Two weeks ago the Texas Comptroller's office turned down Graves's petition for compensation, because nowhere in his court ordered release were the words "actual innocence" used. Graves' attorney Jeff Blackburn says the state's newly-revised compensation law requires those words. Instead the order said there was "no credible evidence" against the defendant.
Blackburn: "Because as the law is right now, unless he gets something extra from another court that decisively and definitively clears his name he's really not going to be able to achieve a full measure of justice. And that's what we're looking for."
The lawsuit doesn't ask for any additional compensation. Just the 1-point-4 million lump sum payment plus yearly annuity that Graves is eligible for under state law. Graves says the suit and the money will help him move on.
Graves: "I want to move forward with my life. And the only way I can do that is to put this behind me. So once the compensation thing has been finalized man then I can take the next step."
Blackburn says his client could have sued for more but he doesn't believe this is a conspiracy against him. Just a ruling that needs to be clarified in the courts.
Blackburn: "I will tell you that we believe the comptroller's office made an honest mistake in not paying Anthony Graves. And the purpose of this lawsuit ultimately is to help rectify and correct that mistake."
Blackburn says he's also working with state lawmakers to clarify the compensation law during the current legislative session.