Wednesday, October 19, 2011

MICHAEL MORTON: STATESMAN EDITORIAL WELCOMES INVESTIGATION BY STATE BAR OF TEXAS INTO PRSECUTORIAL IMPROPRIETY IN THIS WRONGFUL CONVICTION;

But the twists and turns have revealed an ugly side of Texas justice by unearthing evidence that would have injected reasonable doubt about Morton's culpability, had prosecutors turned it over to Morton's lawyers. That has raised questions about their motives in suppressing key evidence. And there's more: The evidence provided clues that could have led to the true killer, and perhaps averted another killing, if legal authorities had followed up.

The State Bar's investigation follows more than a dozen news stories by American-Statesman writer Chuck Lindell detailing the Morton case and editorials specifically calling for an investigation by the State Bar of Texas. In doing its investigation, the Bar will focus on a Texas law that says, "The prosecutor in a criminal case shall make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense."

EDITORIAL; THE STATESMAN;

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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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The investigation by the State Bar of Texas into alleged misconduct by Williamson County prosecutors who handled the 1987 Michael Morton case sends a strong message that the group intends to hold prosecutors accountable if they violate state ethics laws. It is a welcome step....State bar association investigation - a step towards truth...editorial..the statesman;

The State Bar must exercise that authority in this case to clear up questions about whether then-Williamson County District Attorney Ken Anderson and/or his team improperly or unlawfully hid evidence from Morton's lawyers that could have established Morton's innocence. Prosecutors have an obligation to seek justice rather than convictions. Pursuit of convictions at the expense of justice undermines the legal system. And those are the high stakes involved in the Morton case.

"Allegations that a prosecutor has suppressed Brady evidence are taken very seriously by the Bar," said Maureen Ray, special administrative counsel to the chief disciplinary counsel for the State Bar of Texas. "We are currently gathering and reviewing information about the situation. And typically when I am asked that question ... I have to (say) that investigations by the Bar are confidential, and I can't deny or confirm. But given the high-profile nature of this case, I do want you to know that we're currently looking into the matter."

The Bar is right to inform the public of its investigation. Allegations of prosecutor misconduct contained in court records filed by Morton's lawyers have shaken public confidence in the Texas justice system. Morton was convicted of killing his wife, Christine Morton, and spent nearly 25 years of a life sentence in prison. The 1986 killing grabbed headlines for its brutality and boldness in the early morning in a quiet Williamson County neighborhood. Christine Morton was bludgeoned to death in her bed after Morton left for his job at a local grocery.

Williamson County law enforcement and Anderson, who now is a state district judge, focused on Morton, saying that he killed his wife in a rage after she spurned his sexual advances.

But Morton's innocence has since been established through DNA evidence that points to another person — a convicted felon wanted at that time for crimes in several states. That felon also has been linked to the unsolved murder of Debra Masters Baker, a Travis County woman who was killed in 1988.

With his conviction thrown out earlier this month, Morton walked out of prison. And last week, the highest criminal court in the state, the Texas Court of Criminal Appeals, affirmed Morton's innocence. It was a hallelujah moment.

But the twists and turns have revealed an ugly side of Texas justice by unearthing evidence that would have injected reasonable doubt about Morton's culpability, had prosecutors turned it over to Morton's lawyers. That has raised questions about their motives in suppressing key evidence. And there's more: The evidence provided clues that could have led to the true killer, and perhaps averted another killing, if legal authorities had followed up.

The State Bar's investigation follows more than a dozen news stories by American-Statesman writer Chuck Lindell detailing the Morton case and editorials specifically calling for an investigation by the State Bar of Texas. In doing its investigation, the Bar will focus on a Texas law that says, "The prosecutor in a criminal case shall make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense."

The results of that investigation will determine whether a formal complaint is filed against Anderson or other prosecutors for misconduct. The investigation will take time and will be confidential for the most part. In some ways, the tables now have been turned. Williamson County prosecutors will be answering tough questions about their conduct. The criminal justice system is now awaiting trial.

The story can be found at:

http://www.statesman.com/opinion/state-bar-investigation-a-step-toward-truth-1923866.html

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;