WACO (June 6, 2014) State District Judge Matt Johnson denied two motions Friday from attorneys for a former Hewitt man who’s awaiting retrial on charges stemming from the fiery 1986 deaths of his two adopted sons.
Ed Graf, 62, was named in an indictment in March that charges two counts of capital murder, two counts of murder and four counts of injury to a child 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.
The new indictments superseded the original indictment that charged two counts of capital murder on which Graf was tried,and convicted, and sentenced to life in prison more than 25 years ago.
The Texas Court of Criminal Appeals threw out the conviction in March 2013, citing faulty arson science, but remanded the case back to the trial court for new trial, so the original indictments remained in force.
Graf’s attorneys wanted Johnson to quash the new indictment and to dismiss the injury to a child charges, but Johnson rejected the request after a 30-minute hearing Friday and set an October trial date.
Graf, who was brought into the courtroom in chains Friday, remains in the McLennan County Jail, where he’s been held since his conviction was overturned.
Prosecutors and defense attorneys are under a gag order and couldn’t comment on the ruling, but Graf’s brother expressed frustration.
“This thing just keeps going on and on and on and they’re just determined not to let him out of jail,” Craig Graf said.
“They just keep kicking it down the road...we don’t understand,”