Judge recommends new trial for Ed Graf - KXXV-TV News Channel 25 - Central Texas News and Weather for Waco, Temple, Killeen |

WACO

Judge recommends new trial for Ed Graf

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A Hewitt man, who says he was wrongfully convicted more than 25 years ago, has been recommended a new trial by a judge Thursday.

Family members and friends showed up to hear from the judge of a possible re-trial. Edward Graf was convicted of murder in 1988, setting fire to a backyard shed that killed his two stepson's.

In January of 2012, Graf and his attorney teamed up with Baylor University's "Innocence Project". They're claiming the science used in his trial is outdated. After listening from fire science experts in a January 11th hearing, Judge George Allen recommended a new trial--a decision that must be confirmed by the Texas Court of Criminal Appeals.

Gaf's ex-wife, Clare Bradburn, the mother of the two victims wasn't surprised, but still believes her sons were murdered.

"We were expecting this simply because of the fire forensics, so we regroup and we go again," said Bradburn. "I firmly believe that my two children were murdered, and we will stay with it till the end. It's time to just do it over again." 

Graf's brother declined to speak to News Channel 25.

Graf's Attorney, Walter Reaves, says new techniques in arson investigations are shedding some doubt on testimony that helped convict Graf.

"I don't see any evidence that a fire was intentionally set and if they can't prove that, then you don't have a crime," said Reaves.

District Attorney Abel Reyna was pleased the court did not take an extra step and set Graf free.

"I think the evidence didn't support that actual claim or actual innocence, we expected a new trial based on the new technology and advances in sciences, and we are fine with that," said Reyna. " We're going to go back and regroup from square one."

Reyna told News Channel 25 as he left the courthouse, his office will prepare thoroughly for that new trial, and he warned the convicted murderer who now apparently will get a new trail, "Be careful what you ask for because you might get it." 

 

 

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