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Purveyor

(29,876 posts)
Fri Apr 19, 2013, 03:03 PM Apr 2013

Ex-Texas DA Acted Improperly In Case That Sent Innocent Man To Prison (arrest warrant to be issued)

Source: Associated Press

GEORGETOWN, Texas — A Texas judge has ruled that a former district attorney acted improperly when he prosecuted an innocent man who spent nearly 25 years in prison for his wife's murder.

District Judge Louis Sturns, of Fort Worth, said Friday he will issue an arrest warrant for Ken Anderson on criminal contempt and tampering charges for his handling of the case of Michael Morton.

Morton was released in 2011 after new DNA testing showed he had not killed his wife in 1985. His attorneys say Anderson hid evidence from Morton's defense that could have pointed to his innocence.

Anderson, who is now a judge, has denied any wrongdoing.

Read more: http://www.therepublic.com/view/story/358dabcb2df34687ae7b1943b3981c88/US-Wrongful-Conviction-Prosecutor

35 replies = new reply since forum marked as read
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Ex-Texas DA Acted Improperly In Case That Sent Innocent Man To Prison (arrest warrant to be issued) (Original Post) Purveyor Apr 2013 OP
Well that's a first Ash_F Apr 2013 #1
Cannot imagine losing 25 years of life for something I didn't do. lupulin Apr 2013 #2
Google Cameron Todd Willingham jmowreader Apr 2013 #5
Impossible! Orrex Apr 2013 #18
From the little I read lupulin Apr 2013 #23
Which is why the death penalty should be eliminated. Period. Sheldon Cooper Apr 2013 #27
No argument here. lupulin Apr 2013 #29
Throw the book at corrupt prosecutors and corrupt detectives and corrupt police. nt Bernardo de La Paz Apr 2013 #3
+1,000 n/t LarryNM Apr 2013 #24
The prosecution blocked evidence including that of his son who witnessed the murder azurnoir Apr 2013 #4
Remember, the child was 3. He almost certainly was not competent to testify. Shrike47 Apr 2013 #14
the testimony should have been admitted period azurnoir Apr 2013 #21
That law needs to be changed so that people like Anderson face the same length of time and or cstanleytech Apr 2013 #31
Thats what I was thinking LostOne4Ever Apr 2013 #33
Wonders never cease. This sounds good. freshwest Apr 2013 #6
"who is now a judge" Holy Crap! Baitball Blogger Apr 2013 #7
There may not have been quid pro quo per se jmowreader Apr 2013 #26
As a member of a minority group, let me just say that you haven't said anything to appease Baitball Blogger Apr 2013 #28
I'm not sure how your concerns could be appeased jmowreader Apr 2013 #30
Message auto-removed Name removed Apr 2013 #32
Good. Prosecutorial misconduct is rampant across the land. Comrade Grumpy Apr 2013 #8
Thank God he had not been sentenced to death, as Texas loves to do. summerschild Apr 2013 #9
Far too frequent and so is tampering with evidence cpamomfromtexas Apr 2013 #10
Anyone interested in this story should read this. bluedigger Apr 2013 #11
I'msurprised the judge moved so fast to issue an arrest warrant.Too bad there won't be ... marble falls Apr 2013 #12
Holding this former prosecutor responsible for his wrongdoing will be a major event. AnotherMcIntosh Apr 2013 #13
It is shocking that this is happening killbotfactory Apr 2013 #15
Gee whiz, a TX prosecutor acting illegally. lark Apr 2013 #16
We need to reward prosecutors differently than cosmicone Apr 2013 #17
wow, and then to refuse to do a simple DNA test from 2005 to 2011 Sunlei Apr 2013 #19
Finally! UnrepentantLiberal Apr 2013 #20
The evidence that was withheld is staggering azurnoir Apr 2013 #22
Send the judge (really?) to Huntsville! mountain grammy Apr 2013 #25
They couldn't put him in the prison jmowreader Apr 2013 #34
A major drawback The Wizard Apr 2013 #35

lupulin

(58 posts)
2. Cannot imagine losing 25 years of life for something I didn't do.
Fri Apr 19, 2013, 03:05 PM
Apr 2013

If this (now) judge willfully hid evidence I hope he gets at least 25 years.

Orrex

(63,084 posts)
18. Impossible!
Fri Apr 19, 2013, 04:47 PM
Apr 2013

I thought that capital punishment was a great punishment and a terrific deterrent, and it works so perfectly well because it's never ever ever wrong!

Say it ain't so!

lupulin

(58 posts)
23. From the little I read
Fri Apr 19, 2013, 05:43 PM
Apr 2013

it sounds like a horrible travesty. I'm glad that technologies for acquiring and vetting evidence are improving but there will always be horrible mistakes, human error, and human malfeasance.

azurnoir

(45,850 posts)
4. The prosecution blocked evidence including that of his son who witnessed the murder
Fri Apr 19, 2013, 03:15 PM
Apr 2013
] Morton has accused Anderson of failing to provide defense lawyers with exculpatory evidence indicating that another man might have killed Morton's wife, including information that his 3-year-old son witnessed the murder and said his dad was not home at the time. Morton's attorneys discovered this evidence while preparing a final appeal, and were able to get Anderson and others involved in the investigation deposed under oath. On February 20, 2012; Harle asked the Texas Supreme Court to convene a court of inquiry, finding that there was evidence to support Morton's contention that Anderson had tampered with evidence and should have been held in contempt of court for not complying with the trial judge's order to let him review all possible exculpatory evidence. The court of inquiry began on February 4, 2013. If it finds that there is reason to believe Anderson broke the law, Anderson could potentially face charges that carry up to 10 years in prison


http://en.wikipedia.org/wiki/Michael_Morton_%28criminal_justice%29

how horrible for all involved, and the little boy who was robbed of both his parents

Shrike47

(6,913 posts)
14. Remember, the child was 3. He almost certainly was not competent to testify.
Fri Apr 19, 2013, 04:27 PM
Apr 2013

Examining little kids in court is damned difficult and really hard on the kids. (yes, I've done it.)

I do not mean to say his statements should have been withheld, just that they might not be as useful as you would imagine.

azurnoir

(45,850 posts)
21. the testimony should have been admitted period
Fri Apr 19, 2013, 04:54 PM
Apr 2013

this was a capital case and while a 3 year old might not be the best witness it is better than none

cstanleytech

(26,080 posts)
31. That law needs to be changed so that people like Anderson face the same length of time and or
Sat Apr 20, 2013, 10:30 PM
Apr 2013

sentence the person was convicted had to serve if its found to be done by malice by the prosecution.

LostOne4Ever

(9,267 posts)
33. Thats what I was thinking
Sun Apr 21, 2013, 12:36 AM
Apr 2013

So this attorney steals over 2 decades of this mans life, and his punishment is less than half of that?

Baitball Blogger

(46,573 posts)
7. "who is now a judge" Holy Crap!
Fri Apr 19, 2013, 03:34 PM
Apr 2013

Open up his cases to see if there was some quid pro quo going on with people who caught on.

jmowreader

(50,447 posts)
26. There may not have been quid pro quo per se
Fri Apr 19, 2013, 06:04 PM
Apr 2013

Judges are elected. If you want to be seen by the voters as tough on crime you convict as much as you can and look for ultra harsh sentences. Texans and Idahoans love their hanging judges.(We have a judge up here who will put you in jail for a week with no work release for writing one bad check...there was one case last week, seven days in jail and restitution of $34.50. And they wonder why our jail is 200 percent of capacity, but stating the obvious as a solution (quit using jail as the default punishment for anything harder than left turn violations) means you want rapists and child molesters walking free.

jmowreader

(50,447 posts)
30. I'm not sure how your concerns could be appeased
Sat Apr 20, 2013, 10:05 PM
Apr 2013

Judges and prosecutors are elected. Ninety-eight percent of us have no idea who is a good or a bad one of these officials - unless you are in the criminal justice system on a regular basis (whether that be as a lawyer, judge, prosecutor, paraprofessional or career criminal) you really don't know the people running for those offices. What we do know is their conviction rate, because that's public record. Because we are in a more-is-better society, a prosecutor who throws 95 percent of the people brought before him in jail simply must be a better prosecutor than one who throws only 75 percent of his cases in jail. That the 75 percent guy actually looks at the cases he was presented and throws out the DWB tickets when they hit his desk, and the 95 percent guy prosecutes everything as if it's a murder case, is beside the point. The 95 percent guy is a good prosecutor and the 75 percent guy is soft on crime.

In the great documentary "Idiocracy" Joe was arrested for being "unscannable" (everyone had an identifying barcode tattooed on his or her wrist, and Joe didn't have one) and for not paying his hospital bill. The prosecutor's main evidence was "just look at him." Unfortunately, and especially in the case of minorities, that seems to be the main evidence in way too many cases in the present-day US. "Yeah, he's black/brown/yellow/looks like a punk/has too many tattoos...he had to have done it."

The solution is to appoint prosecutors and judges rather than electing them, and not allow them to serve in their hometowns. A panel of sitting judges could pick new judges, and a panel of sitting prosecutors could pick prosecutors.

Response to jmowreader (Reply #30)

summerschild

(725 posts)
9. Thank God he had not been sentenced to death, as Texas loves to do.
Fri Apr 19, 2013, 03:44 PM
Apr 2013

Oh, never mind.

Shrub himself told us Texas had NEVER executed an innocent person.

I'm thankful Mr. Morton is finally free. I hope this judge goes down.

marble falls

(56,358 posts)
12. I'msurprised the judge moved so fast to issue an arrest warrant.Too bad there won't be ...
Fri Apr 19, 2013, 04:06 PM
Apr 2013

perp walk. Williamson County law enforcement all want to run for Congress or Governor or federal bench and are disciplined regularly for shenanigans. It seems he may well have to go to jail for at least a little while.

 

AnotherMcIntosh

(11,064 posts)
13. Holding this former prosecutor responsible for his wrongdoing will be a major event.
Fri Apr 19, 2013, 04:24 PM
Apr 2013

This just isn't done.

killbotfactory

(13,566 posts)
15. It is shocking that this is happening
Fri Apr 19, 2013, 04:33 PM
Apr 2013

In Texas of all places.

Congrats to the Texas judge for not putting up with such heinous bullshit.

A prosecutor used state resources to ruin an innocent man's life after he lost his wife. He deserves to rot in jail.

 

cosmicone

(11,014 posts)
17. We need to reward prosecutors differently than
Fri Apr 19, 2013, 04:46 PM
Apr 2013

the current system of evaluating and promoting them based on conviction rates.

Sunlei

(22,651 posts)
19. wow, and then to refuse to do a simple DNA test from 2005 to 2011
Fri Apr 19, 2013, 04:51 PM
Apr 2013

The 3 year old probably never forgot what he saw. He's an adult now. Wonder what he has to say.

azurnoir

(45,850 posts)
22. The evidence that was withheld is staggering
Fri Apr 19, 2013, 05:32 PM
Apr 2013

It goes beyond the transcript of the conversation about what 3-year-old Eric saw the morning his mother died that Mr. Morton’s trial lawyers did not see. When his new lawyers dug through the old files, they discovered that neighbors had told the police that they had seen a man in a green van casing the Mortons’ home. And there was a report that Christine Morton’s credit card had been used fraudulently after her death.

http://www.nytimes.com/2012/07/08/us/exonerated-in-wifes-killing-father-renews-bonds-with-son.html?pagewanted=all

jmowreader

(50,447 posts)
34. They couldn't put him in the prison
Sun Apr 21, 2013, 05:42 PM
Apr 2013

If you dig a huge hole in your yard and someone falls in it, they charge you with maintaining an attractive nuisance. Throwing a judge in jail is another attractive nuisance situation; it's inviting someone to kill him.

OTOH, I see nothing wrong with sentencing him to sweep the truck lot at the Huntsville Pilot with a whisk broom while wearing a court jester costume with "I stole a man's life" embroidered on it, and ordering him to live in a pup tent near the fuel island, for the rest of his life.

The Wizard

(12,482 posts)
35. A major drawback
Sun Apr 21, 2013, 08:48 PM
Apr 2013

of the adversarial system compared to inquisitorial is that in the adversary system winning is primary and justice secondary.

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