Ed Graf during an earlier court hearing. (File)
WACO (February 13, 2014) Ed Graf, the Hewitt man whose capital murder conviction 26 years ago for burning his sons to death was thrown out, has filed papers with a local court seeking his release from custody.
Graf’s attorney has filed a writ of habeas corpus seeking Graf’s release.
Graf has served more than 25 years in state prison in the case.
Walter "Skip" Reaves told News 10 he filed the documents late Wednesday in the McLennan County District Clerk's office and News 10 obtained a copy of the document on Thursday.
A hearing on the writ is set for Feb. 21 in 54th District Court.
The documents ask 54th District Judge Matt Johnson to release Graf, who remains in the McLennan County Jail awaiting a new trial in the Aug. 26, 1986 deaths of his sons Jason, 8 and Joby, 9, who died in a fire in a shed behind the family's Hewitt home.
Further the writ asks Johnson to dismiss any remaining charges against Graf and, if release is not granted, that the judge set a "reasonable" bond so Graf could be released.
Graf is now held in lieu of $1.5 million bond.
Graf was scheduled to go on trial on Feb. 3, but the trial was reset for May 19 during a closed-door meeting between Johnson, prosecutors and defense attorneys.
The Texas Court of Appeals threw out his capital murder conviction in March 2013, citing faulty arson science.
The court agreed that modern forensic techniques could prove he didn't start the fire in a shed in the backyard of the family's home in Hewitt that killed the two boys.
In August 2013 Johnson ordered the new trial.
Johnson also issued a gag order, barring prosecutors and defense attorneys from discussing the case.