"The former prosecutors, District Judge Ken Anderson and Round Rock lawyer Mike Davis, earlier this week filed motions seeking to quash the subpoenas, saying the court and Morton’s lawyers lacked the authority to force their testimony.
Morton’s lawyers responded today with their own motion arguing that the subpoenas were a legally proper attempt to pursue allegations that Anderson and Davis hid evidence that pointed to Morton’s innocence before and after his 1987 murder trial.
The defense motion urged District Judge Sid Harle to allow the subpoenas to stand and, if necessary, issue a ruling ordering Anderson and Davis to testify in videotaped depositions.
Harle is expected to rule before Tuesday, when Davis was scheduled to be deposed. Anderson’s deposition was scheduled for the next day."
REPORTER CHUCK LINDELL: THE STATESMAN;
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"Lawyers for Michael Morton today asked a district judge to enforce subpoenas ordering two former Williamson County prosecutors to testify under oath," the Statesman story by reporter Chuck Lindell begins, under the heading, "Morton's lawyers ask court to enforce subpoena."
"The former prosecutors, District Judge Ken Anderson and Round Rock lawyer Mike Davis, earlier this week filed motions seeking to quash the subpoenas, saying the court and Morton’s lawyers lacked the authority to force their testimony," the story continues.
"Morton’s lawyers responded today with their own motion arguing that the subpoenas were a legally proper attempt to pursue allegations that Anderson and Davis hid evidence that pointed to Morton’s innocence before and after his 1987 murder trial.
The defense motion urged District Judge Sid Harle to allow the subpoenas to stand and, if necessary, issue a ruling ordering Anderson and Davis to testify in videotaped depositions.
Harle is expected to rule before Tuesday, when Davis was scheduled to be deposed. Anderson’s deposition was scheduled for the next day.
Morton was declared innocent, and his conviction and life sentence tossed out, based on DNA tests that indicated another man killed his wife, Christine, in 1986. In recent years, Morton’s lawyers have uncovered several documents - known to prosecutors before his trial - that could have raised doubts about Morton’s guilt.
According to Morton’s lawyers, the authority to issues subpoenas to Morton’s prosecutors was outlined in a discovery agreement defense lawyers reached with the current district attorney, John Bradley.
More importantly, the discovery agreement was attached to findings that Harle approved Oct. 3, making them part of a valid court order that Harle can - and should - enforce, the motion said.
In the motion, defense lawyer John Raley noted that Anderson and Davis could not be expected to know about the discovery agreement because Harle ordered the details to be kept secret in a sealed court file.
But the motion also urged the former prosecutors to withdraw their objections and testify.
“As officers of the court and as current and former public servants, such cooperation is the least both men can offer to Mr. Morton and to the citizens of this state, in whose name this innocent man was convicted and imprisoned,” the motion reads.
Anderson’s motion.
Davis’ motion."
The story can be found at:
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;
