APPEAL IN ALLEGED VOTE BUYING DISMISSED

Drug Dealer Said He Got No-Prison Pledge If He Helped Elect Prosecutor

FRANKFORT -- The state Court of Appeals has dismissed the case of a drug
dealer who accused his prosecutor and defense attorney of promising
leniency in exchange for buying votes for the prosecutor.

Tony Graves Jr. was convicted in Monroe County Circuit Court in May 1994 on
four counts of drug trafficking and sentenced to 24 years in prison.

Graves was represented by David Kelly Carter of Tompkinsville and
prosecuted by R. Fred Capps of Burkesville, then an assistant
commonwealth's attorney and now commonwealth's attorney.

In November 1995, Graves filed a civil lawsuit against Carter and Capps
alleging legal malpractice and breach of contract. His lawsuit asked $1
million in damages from both attorneys.

Carter and Capps said Graves' case was based on a fraudulent claim.

"Graves claimed that Capps assured him that if he would obtain votes for
Capps by vote-buying, Capps would take the appropriate steps so that Graves
would not go to prison on his pending drug charges," according to the
opinion released yesterday by the court.

Graves, who filed the lawsuit on his own behalf while an inmate, also said
Carter agreed to represent him free of charge if he would solicit votes for
Capps. Graves said Carter would become an assistant to Capps if he won the
election.

Graves said 25 absentee voters he procured received payment at Carter's
office and on election day he gave half-pints of whiskey to another 150 to
200 voters. Graves said Carter had given him the whiskey.

A unanimous three-judge appeals panel said Graves' case had to be dismissed
because even if true the arrangement was based on illegal conduct, buying
votes.