"In my heart, I know there was no misconduct of any sort. After the passage of 25 years, I obviously cannot recall the specific details of the trial, including pretrial discovery and conversations I had with Mr. Morton's counsel before and during the trial. But I have been able to review the trial transcript and documents from the files. Based on that review, I believe that the State's prosecution team fully complied with all orders from the court and with the law on pretrial discovery and disclosures as it existed in 1987."
FORMER PROSECUTOR KEN ANDERSON:
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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. (Morton's lawyers contend the Williamson County District Attorney at the time, Ken Anderson, withheld evidence that would have exonerated Morton. Lawyers have questioned Anderson, now a district judge, and others involved in the case to determine if there was misconduct involved. That process continues)
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"WILLIAMSON COUNTY, Texas -- A former prosecutor has apologized for sending an innocent man to prison," the KVUE story by reporter Jim Bergamo published earlier today under the heading, "Michael Morton's former prosecutor apologizes," begins.
"Ken Anderson, now a district judge in Williamson County, was the district attorney in 1986 who prosecuted Michael Morton," the story continues.
"Morton was convicted of murdering his wife Christine. He spent 25 years in prison, but was released recently after new DNA evidence proved Morton was not the killer.
Instead, the DNA linked Mark Norwood of Bastrop County to the crime.
Anderson, who is accused of among other things concealing key evidence that could have proven Morton's innocence, issued an apology on the steps of the Williamson County courthouse Wednesday afternoon.
Judge Anderson said he didn't feel it was appropriate to comment on the case while it was pending before other district judges, but now that those proceedings have essentially concluded, he wanted to publicly apologize.
Despite the apology, Anderson steadfastly denied the allegations of professional misconduct involving his office.
Anderson says he has no plans to resign as district judge.
Read Ken Anderson's apology in its entirety below:
"Twenty-five years ago, Michael Morton was convicted of murdering his wife. The jury's verdict was based on the evidence as we knew it at the time. DNA testing was not available at the time of the trial. It is now. In hindsight, the verdict was wrong. Mr. Morton was and is innocent of that crime.
The criminal justice system is designed to protect all of us - including those accused of crimes. As district attorney at the time, as woefully inadequate as it is, I want to formally apologize for the system's failure to Mr. Morton and everyone else adversely affected by the verdict.
Up until now, I didn't feel it was appropriate to comment about this case while it was pending before other district judges. But those proceedings have essentially concluded.
There have been a number of allegations made about the professional conduct of the prosecutors, including me on this case.
In my heart, I know there was no misconduct of any sort. After the passage of 25 years, I obviously cannot recall the specific details of the trial, including pretrial discovery and conversations I had with Mr. Morton's counsel before and during the trial. But I have been able to review the trial transcript and documents from the files. Based on that review, I believe that the State's prosecution team fully complied with all orders from the court and with the law on pretrial discovery and disclosures as it existed in 1987.
My hope and prayer is that Mr. Morton will be able to move forward with his life after these incredibly tragic events.""
The story can be found at:http://www.kvue.com/news/local/Michael-Mortons-former-prosecutor-apologizes-133997758.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;
