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(Dallas News)   Texas: puts an innocent man in jail for 18 years. He gets out, so they refuse to pay him the $1.44 million state law says they owe him. Then they attach his wages for child support he owes. Why does he owe it? Texas: puts an innocent man in jail   (dallasnews.com ) divider line
    More: Asinine, IOU  
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26319 clicks; posted to Main » on 04 May 2011 at 9:51 PM (5 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2011-05-04 10:20:01 PM  
Hell, if they'd just killed the guy, none of this would be a story now, would it?
 
2011-05-04 10:20:12 PM  

basemetal: Out of prison, still getting farked in the ass.


Leave my mom out of this!
 
2011-05-04 10:20:24 PM  
Graves was convicted in 1994 of assisting Robert Carter in multiple murders in 1992. There was no physical evidence linking Graves to the crime, and his conviction relied primarily on Carter's testimony that Graves was his accomplice. Two weeks before Carter was scheduled to be executed in 2000, he provided a statement saying he lied about Graves's involvement in the crime. He repeated that statement minutes before his execution.

So basically the only evidence linking him to the crime was the actual murderer, who eventually admitted to lying. Jesus christ, give this guy double what he's owed.
 
2011-05-04 10:21:43 PM  
"Look at me. I'm fat, black, can't dance, and I have two gay fathers. People have been messing with me my whole life. I learned a long time ago there's no sense getting all riled up every time a bunch of idiots give you a hard time. In the end, the universe tends to unfold as it should. Plus I have a really large penis. That keeps me happy. "
 
2011-05-04 10:21:53 PM  
SphericalTime
Texas should have a tag on Fark. It's like the evil version of Florida.


img5.imageshack.us
 
2011-05-04 10:23:43 PM  

SphericalTime: Texas should have a tag on Fark. It's like the evil version of Florida.

And also, wow, that is totally farked up.


Drew says Texas and California doesn't get trier own tags because "we expect them to be weird", Florida doesn't really have an excuse.

state tags;
NOT YOURS!
 
2011-05-04 10:24:32 PM  
Why do black people live in Texas? If I were black and in Texas, I'd be getting the fark out of there ASAP.

Gotta love America. Death row for an innocent man, then garnishing his wages for being in jail. Seriously, what is wrong with us? How did we become this farking broken?
 
2011-05-04 10:31:50 PM  
Oh okay, he was on death row. Well that'll teach me to read the article before attempting to troll!

Can Texas do anything right?
 
2011-05-04 10:32:10 PM  

Fett56: Why do black people live in Texas?


Well, they used to live in New Orleans, but ... ya know.
 
2011-05-04 10:32:25 PM  
Texas tag? Please?
 
2011-05-04 10:33:06 PM  
One of the best parts of living in Texas, aside from the taquerias, was listening to the Huntsville prison show on Saturday nights. Inmates would call in, often those on death row, and talk to loved ones.

It was really stirring; guilty or not, everyone deserves a voice.
 
2011-05-04 10:33:18 PM  

Fett56: Why do black

people live in Texas? If I were black a human being and in Texas, I'd be getting the fark out of there ASAP.

FTFY
 
2011-05-04 10:34:16 PM  
$1.4m - $5k. Problem?
 
2011-05-04 10:34:45 PM  
"I'm sure he's done something wrong in his life at some point, so really, he deserved it."
-This is what LEO and prison guards actually believe
 
2011-05-04 10:35:08 PM  
I really hope this woman sues the state of Texas for back child support payments.

I'd laugh.
 
2011-05-04 10:35:20 PM  
No one important will pay attention. This crap will continue.
 
2011-05-04 10:37:35 PM  

Genta: "so if he's let out because it cant be proven that he was guilty... then he's actually innocent. theres no half innocent in american law as far as i know."


Not guilty is not the same thing as innocent. A judge or jury never finds a defendant "innocent" rather the finding is not guilty beyond a reasonable doubt. If they think he is guilty but they have a reasonable doubt, he is legally "not guilty" even though he might be factually guilty of the crime.
 
2011-05-04 10:39:17 PM  

Fett56: Why do black people with half a brain live in Texas? If I were black able to move in any way and in Texas, I'd be getting the fark out of there ASAP.

Gotta love America. Death row for an innocent man, then garnishing his wages for being in jail. Seriously, what is wrong with us? How did we become this farking broken?

 
2011-05-04 10:42:24 PM  
I like my tag better.

www.charliekilo.com
 
2011-05-04 10:43:04 PM  

SinPiEqualsZero: Someone give him a pair of bootstraps.

/our system can majorly suck sometimes


While I don't disagree, it doesn't sound like you can blame the "system" this time. It sounds more like 1 single person choosing to be an evil asshat.
 
2011-05-04 10:43:10 PM  

1-phenylpropan-2-amine: $1.4m - $5k. Problem?


Yes. He owes the $5k for being in prison due to false charges. If he hadn't been in prison, he wouldn't not have incurred the $5k debt. Therefore the prosecutor should have to pay the $5k. And then be whipped.
 
2011-05-04 10:44:28 PM  

Fett56: 1-phenylpropan-2-amine: $1.4m - $5k. Problem?Yes. He owes the $5k for being in prison due to false charges. If he hadn't been in prison, he wouldn't not have incurred the $5k debt. Therefore the prosecutor should have to pay the $5k. And then be whipped.


Point. I guess the big problem is that they aren't even doing this.
 
2011-05-04 10:44:45 PM  

mod3072: SinPiEqualsZero: Someone give him a pair of bootstraps.

/our system can majorly suck sometimes

While I don't disagree, it doesn't sound like you can blame the "system" this time. It sounds more like 1 single person choosing to be an evil asshat.


And a country supposedly ruled by the will of the people allowing it to happen.

Oh, and the "system" almost executed an innocent man.

So yeah, sounds like the "system" deserves its fair share of the blame.
 
2011-05-04 10:45:33 PM  

mcmnky: Fett56: Why do black people with half a brain live in Texas? If I were black able to move in any way and in Texas, I'd be getting the fark out of there ASAP.

Gotta love America. Death row for an innocent man, then garnishing his wages for being in jail. Seriously, what is wrong with us? How did we become this farking broken?


When we cared more about convictions than justice, money than people, and everything else over the individual.
 
2011-05-04 10:45:55 PM  

TheWhoppah: Genta: "so if he's let out because it cant be proven that he was guilty... then he's actually innocent. theres no half innocent in american law as far as i know."

Not guilty is not the same thing as innocent. A judge or jury never finds a defendant "innocent" rather the finding is not guilty beyond a reasonable doubt. If they think he is guilty but they have a reasonable doubt, he is legally "not guilty" even though he might be factually guilty of the crime.


Which would mean that the phrase "actually innocent" would never appear in the release order, which means Texas never has to reimburse someone who was jailed without cause! It's all coming together!
 
2011-05-04 10:46:16 PM  
LouDobbsAwaaaay:
The best argument against the death penalty. Not only do courts fark things up by accident, they are ready and willing to intentionally make shiat up and send innocent people to prison.

Well duh. Do you know how bad it looks during promotion and election time when you are shown to fail a bunch of murder trials just because there is no evidence that the guy you are prosecuting is guilty.
 
2011-05-04 10:46:35 PM  

Fett56: Why do black people live in Texas? If I were black and in Texas, I'd be getting the fark out of there ASAP.

Gotta love America. Death row for an innocent man, then garnishing his wages for being in jail. Seriously, what is wrong with us? How did we become this farking broken?


Ever hear of the Spanish Inquisition? The Salem Witch trials?

Most of us are stupid, dangerous animals, held back from committing unspeakable atrocities by the thinnest veneer of civilization, and it's been that way for as long as civilization has existed.

There are no "good old days". People have always been assholes, for the most part.
 
2011-05-04 10:46:38 PM  
Shouldn't he sue his defense attorneys?
 
2011-05-04 10:48:05 PM  
Have you guys ever coughed up a chunky, white piece of...something...that smelled like the pure essence of bad breath in solid form?
 
2011-05-04 10:48:18 PM  
Texas is a blight on America.

Please secede.
 
2011-05-04 10:48:49 PM  

sip111: Shouldn't he sue his defense attorneys?


I gotta hear this one....

On what grounds should he sue his defense attorney?
 
2011-05-04 10:49:01 PM  

El_Maestro: Hell, if they'd just killed the guy, none of this would be a story now, would it?


Texas: where whitey is too dumb to do racist right.
 
2011-05-04 10:49:14 PM  
Oh, Texas. One of the few states that makes Indiana look sane.
 
2011-05-04 10:50:52 PM  

mongbiohazard: Why isn't former Burleson County District Attorney Charles Sebesta in jail now for what he did?


The statute of limitations would prevent his conviction even if you could get past prosecutorial immunity.
 
2011-05-04 10:53:41 PM  
This is all I have to say...
 
2011-05-04 10:55:13 PM  
What?
A millionaire without a rich daddy?
Unpossible! So, no, no money...
 
2011-05-04 10:55:29 PM  

jst3p: sip111: Shouldn't he sue his defense attorneys?

I gotta hear this one....

On what grounds should he sue his defense attorney?


I'll take this one.

It is an admittedly bad suggestion, but due to their incompetence in securing a verdict that would allow him to simultaneously be released from prison, and immediately start getting payments from the state.

Instead he has to file a lawsuit to prove what everyone knows is true, and the defense attorney actually profits from his original farkup. Assuming he is still using the same attorney, which I would not be.

So a) attorney farked up and b) attorney potentially gets paid for farking up.
 
2011-05-04 10:56:34 PM  

trillium13: I can't wait to move out of here. This whole state is filled with derp, and that's putting it mildly.


I looked at your profile. Looks like you fit right in.
 
2011-05-04 10:57:09 PM  

Fett56: mod3072: SinPiEqualsZero: Someone give him a pair of bootstraps.

/our system can majorly suck sometimes

While I don't disagree, it doesn't sound like you can blame the "system" this time. It sounds more like 1 single person choosing to be an evil asshat.

And a country supposedly ruled by the will of the people allowing it to happen.

Oh, and the "system" almost executed an innocent man.

So yeah, sounds like the "system" deserves its fair share of the blame.


I was referring to the comptroller not paying the man, not the original wrongful conviction.
 
2011-05-04 10:57:53 PM  
So the moral of this story - lawyers are scumbags.
 
2011-05-04 10:58:51 PM  
Hmm...

t0.gstatic.com
 
2011-05-04 11:00:53 PM  
Repeat.

This exact story has been posted to Fark.com at least twice before so all y'all with short memories must think this sort of thing happens all the time in Texas.

The law is pretty clear. We don't give payouts to people who were merely legally not guilty beyond a reasonable doubt... you only get paid if you were actually innocent. That makes sense if you think about it. If you really did do it but he cops can't prove it or maybe they can prove it but they used illegal evidence and the conviction was overturned... you don't get paid.

The law says we only pay people who were released because they are actually innocent. The court order does not say he was actually innocent. The Comptroller is an accountant. She is not qualified to determine if a person is actually innocent. How would you like it if the perosn elected to be your state accountant just decided to bend the rules and pay somebody a million dollars of your tax money?


The reason this story is in the news again now is that the state legislature is currently in session considering new bills and there are proposed laws to fix this sort of error.
 
2011-05-04 11:02:27 PM  

Fett56: jst3p: sip111: Shouldn't he sue his defense attorneys?

I gotta hear this one....

On what grounds should he sue his defense attorney?

I'll take this one.

It is an admittedly bad suggestion, but due to their incompetence in securing a verdict that would allow him to simultaneously be released from prison, and immediately start getting payments from the state.

Instead he has to file a lawsuit to prove what everyone knows is true, and the defense attorney actually profits from his original farkup. Assuming he is still using the same attorney, which I would not be.

So a) attorney farked up and b) attorney potentially gets paid for farking up.


While I realize you can sue for just about whatever reason you want, and I am no law talking guy, but I would be surprised if suing your lawyer for incompetence even occasionally results in an award. I get most of my knowledge from law and order but don't they have to go beyond "they suck" and into "they broke the law" before you are going to win that case?
 
2011-05-04 11:03:05 PM  
Stories like this make me surprised there aren't more real-life "Law abiding citizen" scenarios where people lose their minds and proceed to systematically destroy the system.
 
2011-05-04 11:03:26 PM  
i1125.photobucket.com
 
2011-05-04 11:04:31 PM  
They're farking this guy.

If you've decided he's innocent enough to release from jail, you should pay him for his trouble.

If he isn't that innocent, you should keep him in jail.

/and I don't believe in the statue of limitations.
 
2011-05-04 11:05:07 PM  

TheWhoppah: Repeat.

This exact story has been posted to Fark.com at least twice before so all y'all with short memories must think this sort of thing happens all the time in Texas.

The law is pretty clear. We don't give payouts to people who were merely legally not guilty beyond a reasonable doubt... you only get paid if you were actually innocent. That makes sense if you think about it. If you really did do it but he cops can't prove it or maybe they can prove it but they used illegal evidence and the conviction was overturned... you don't get paid.

The law says we only pay people who were released because they are actually innocent. The court order does not say he was actually innocent. The Comptroller is an accountant. She is not qualified to determine if a person is actually innocent. How would you like it if the perosn elected to be your state accountant just decided to bend the rules and pay somebody a million dollars of your tax money?


The reason this story is in the news again now is that the state legislature is currently in session considering new bills and there are proposed laws to fix this sort of error.


Bullshiat. In the eyes of the law, innocent = not guilty. She's just being a coont because it doesn't SAY 'innocent' on the paperwork.
 
2011-05-04 11:05:16 PM  

jst3p: sip111: Shouldn't he sue his defense attorneys?

I gotta hear this one....

On what grounds should he sue his defense attorney?


Nvm. Read it. He should tar and feather the former district attorney, then high-tail it to Mexico.
 
2011-05-04 11:06:07 PM  

mongbiohazard: So I have a crazy little question... Why isn't former Burleson County District Attorney Charles Sebesta in jail now for what he did? They make it pretty clear what he did wasn't an accident. Whether he believed the guy was really guilty or not, deceiving the courts in order to unfairly railroad him through... It seems like they could cite some laws the former DA broke if they wanted to. Let's start with perjury, for one.


Prosecutors have qualified immunity for what they say in court (plus no oath outside court, no perjury), some of it should be Brady violations, but the Supreme Court basically just gutted the ability to hold anyone responsible for those. Depending on Texas law, the best options are probably malicious prosecution (which this case probably doesn't fit), or abuse of process. Unfortunately those are civil torts (resulting in monetary damages, not criminal charges that would put the prosecutor away).
 
2011-05-04 11:06:12 PM  
I am convinced that all proud residents of Texas suffer from some sort of collective state-induced Stockholm syndrome.

All too often it is impossible to explain why anyone would stick up for the state.

/proud resident of Texas
 
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