"The decision means that Anderson, who's now a state district judge, and Davis must give depositions within the next seven days about the murder case for which they prosecuted Morton in 1987."
REPORTER PAMELA COSEL; KXAN;
BACKGROUND: (Michael) Morton was the victim of serious prosecutorial misconduct that caused him to lose 25 years of his life and completely ripped apart his family. Perhaps even more tragically, we now know that another murder might have been prevented if law enforcement had continued its investigation rather than building a false case against Mr. Morton,” said Barry Scheck, Co-Director of the Innocence Project, which is affiliated with Cardozo School of Law. “This tragic miscarriage of justice must be fully investigated and steps must be taken to hold police and prosecutors accountable.” In August, the Innocence Project announced that DNA testing on a bandana found near the Morton’s home where the murder occurred contained the blood of the victim, Christine Morton, and a male other than Morton. According to the papers filed by the Innocence Project yesterday, new DNA testing has connected the male DNA on the bandana to a hair that was found at the crime scene of a Travis County murder that was conducted with a similar modus operandi after Morton was incarcerated. Morton always maintained that the murder was committed by a third-party intruder. In the filing, the Innocence Project charges that Morton would never have been convicted of the crime if the prosecution had turned over as required evidence pointing to his innocence. Newly discovered evidence that was uncovered through a Public Records Act request that was not given to the defense includes: • A transcript of a taped interview by the chief investigator, Sgt. Don Wood, with the victim’s mother where the mother says that the couple’s three-year-old child witnessed the murder and provided a chilling account of watching a man who was not his father beat Christine to death. • A handwritten telephone message to Williamson County Sherriff’s Office (WCSO) Sgt. Wood dated two days after the murder reporting that what appeared to be Christine Morton’s missing Visa card was recovered at the Jewel Box store in San Antonio, with a note indicating that a police officer in San Antonio would be able to identify the woman who attempted to use the card. • A report by WCSO officer Traylor that a neighbor had “on several occasions observed a male park a green van on the street behind [the Morton’s] address, then the subject would get out and walk into the wooded area off the road.” • An internal, typewritten WCSO message to Sgt. Wood and follow up correspondence reporting that a check made out to Christine Morton by a man named John B. Cross was cashed with Christine’s forged signature nine days after her murder. The Innocence Project:
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"AUSTIN - State District Judge Sid Harle on Monday ruled in favor of last week's filing by Michael Morton and his attorneys that sought to deny "Motions to Quash" by former Williamson County District Attorney Ken Anderson and his former employee, attorney Mike Davis," the KXAN story by reporter Pamela Cosel filed earlier today under the heading, "Judge orders Anderson, Davis to testify; Morton's filing successful," begins.
"The decision means that Anderson, who's now a state district judge, and Davis must give depositions within the next seven days about the murder case for which they prosecuted Morton in 1987," the story continues.
"New DNA information that is connected to another case being investigated found Morton was wrongly imprisoned for nearly 25 years. He was released from prison on Oct. 4.
Part of the pre-release agreement between attorneys involved in the case -- including current Williamson County District Attorney John Bradley -- was that an investigation would be made into what took place after the Aug. 13, 1986, murder of Christine Morton with regard to handling of evidence.
Morton's attorneys said prosecutors never turned over to the defense at trial key evidence, including a police report where his son described seeing a "monster" — a man who was not his father — beat his mother to death with a wooden object. They say police also failed to follow up on evidence that one of Christine Morton's credit cards was used after her slaying, consistent with Michael Morton's claims the intruder took her purse.
In question is a bloody bandana found near the crime scene -- which decades later reveals that Michael Morton's DNA is not on the item. Tests showed that Christine Morton's DNA and that of a third person are on the bandana.
Last week, the Texas State Bar announced it was going to investigate the case. The Texas Attorney General's Office will serve as special prosecutor in the investigation. Also, a special grand jury in the 368th District Court is being formed to investigate and hear any witnesses related to the case.
Anderson is now scheduled to testify on Oct. 31.
Last week it was announced Davis is to testify on Oct. 25. No information was released Monday that this date has been changed."
The story can be found at:http://www.kxan.com/dpp/news/crime/judge-orders-anderson-davis-to-testify
PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
