Justice Uncovered: How a Wrongful Sex Offender Registration Case Was Fought and Won
- Haywood Sawyer
- Jan 14
- 3 min read
In the world of criminal defense, we often talk about the "burden of proof." We assume the system has its facts straight before it upends a person’s life. But what happens when the very foundation of a prosecution—the state’s own database—is fundamentally flawed?
The story of Anthony Graeber is a sobering look at how administrative errors can lead to a legal nightmare, and how a relentless defense team can be the only thing standing between a client and a wrongful conviction.
The Weight of the Allegations
Anthony Graeber found himself facing a legal "triple threat." He was charged with Failure to Comply with Sex Offender Registration requirements in two different jurisdictions:
One case in McLennan County.
Two cases in Galveston County.
For anyone on the registry, these charges are terrifying. "Failure to Comply" is a felony that carries significant prison time. Once the state alleges you’ve missed a check-in or failed to update an address, the momentum of the system usually rolls right over you. In most cases, the prosecution relies on the local registry’s word as gospel.
The Turning Point: Digging Deeper
Many defense teams might have looked at these charges and immediately started negotiating for a plea deal. However, Defense Attorney Jack Hurley and Criminal Defense Investigator Haywood Sawyer sensed something wasn't adding up.
Instead of taking the local police department's records at face value, Sawyer and Hurley went to the source of all registration data in the state: The Texas Department of Public Safety (DPS).
Forcing the Prosecution's Hand
The defense team knew that local registration offices often operate on outdated or incomplete information. They believed that Anthony Graeber wasn't just "out of compliance"—they believed he was never supposed to be on the list to begin with.
Sawyer and Hurley began a strategic "push" against the Prosecutors. They didn't just ask for discovery; they demanded the Texas DPS Sex Offender File. This isn't just a one-page summary; it’s the comprehensive history of an individual’s registration status.
The defense team insisted that the Prosecutors obtain this specific file to verify the underlying duty to register. It was a high-stakes game of legal transparency. However, when the Defense received the file one late afternoon, there was only one page in the whole file. It was a memo that stated that Mr. Graeber was not required to register as a sex offender in Texas.
The Revelation in the Records
When the Texas DPS file finally surfaced, the truth was undeniable. The documents revealed a massive administrative oversight: Mr. Graeber was not legally required to register as a sex offender.
The registration requirement had either expired or was applied in error, meaning the very basis for the three felony charges in McLennan and Galveston Counties was non-existent. You cannot "fail to comply" with a law that doesn't apply to you.
The Outcome: Complete Dismissal
Armed with the DPS records, the defense made it impossible for the state to move forward.
The McLennan County case was dismissed.
Both Galveston County cases were dismissed.
Anthony Graeber walked away with his freedom intact and, more importantly, the cloud of the sex offender registry lifted from his life.
The Takeaway
This case serves as a powerful reminder that "official records" aren't always accurate. Without the investigative grit of Haywood Sawyer and the legal pressure applied by Jack Hurley, Anthony Graeber might have been forced into a plea for a crime he didn't—and couldn't—commit.
In the justice system, the truth is often buried under layers of paperwork. It takes a dedicated team to dig it out. If you or a family member is charged with Failure to Comply with Sex Offender Registration, contact On Call Investigative Solutions, LLC before you sign any plea deal and demand from your Attorney that On Call Investigative Solutions, LLC look into your case.
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