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Texas v. David Graham Pretrial Hearings

Prosecutors Present a Surprise Witness

Texas v. David Graham
Background
Diane Zamora's Trial
Graham Motions Overview
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April 20 (Pretrial)
April 21 (Pretrial)
April 22 (Pretrial)
April 23 (Pretrial)
April 24 (Pretrial)
Zamora's Confession
Graham's Confession
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July 15 (Openings)
July 16
July 17
July 20
July 21
July 22
July 23 (Closings)
July 24 (The Verdict)

(April 23) Prosecutors surprised David Graham's defense team today when they presented a witness who claimed Graham admitted to being Adrianne Jones' murderer hours after his confession during his police interview.

This state witness, who was a staff sergeant at the Colorado Air Force Academy where Graham was based, testified during the fourth day of Graham's pretrial hearings that he saw Graham hours after his interview with police. According to the sergeant, Graham told him about his interrogation. The sergeant asked Graham whether he had a lawyer, to which he allegedly responded, "I don't need a lawyer...I did it. I'm the killer."

The surprised defense lawyers for Graham objected to this witness' testimony and asked that it be stricken from the record. Graham was expected to take the stand during the day's proceedings, but his lawyers decided overnight that he would not testify. Graham's lawyers conceded that they would have more to potentially lose than gain from their client's testimony and admitted that they did not expect to win their motion to have his written confession barred from his trial.

Over the past four days, Graham's lawyers have argued that his confession was obtained illegally and therefore should be inadmissible at his trial. They claim that Air Force officials erred by not following Texas law when they read Graham's Miranda rights. The defense also argued that investigators threatened Graham by telling him that they would seek the death penalty against him if he did not give them a written confession after his oral confession. In addition, the defense claimed, police promised Graham probation if he gave them the written confession. These threats and promises, combined with an atmosphere of staged shouting matches between investigators allegedly coerced Graham's confession.

The judge did not rule immediately on the defense's motion to bar Graham's confession but took it under advisement. Jury selection in Graham's trial is scheduled to begin July 6.

The Background of the Case | Zamora's Confession | Graham's Confession | The Aftermath of the Zamora Trial/Preview of Graham's Trial

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