"Any miscarriage of justice is tragic, but there is a level of relief in cases of wrongful convictions that were caused by unintentional errors or mistakes.
The public can take a breath and feel the system corrected itself, however late and unfortunate.
As taxpayers, we financially compensate innocent people who suffer prison terms because mistakes were made. In some instances, district attorneys who prosecuted and judges who sentenced or oversaw those trials are rightly humbled and offer apologies.
But Morton's case denies us that comfort. We're learning that mistakes or unintentional errors were not the cause of an unjust outcome. Instead, we're seeing through court records the actions of an arrogant legal team that bent, broke or entirely discarded ethical rules to convict Morton."
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. (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)
"Former Williamson County District Attorney Ken Anderson is expected to give his account this week of why his office failed to give Michael Morton and his lawyers evidence that could have acquitted Morton and likely spared the Georgetown husband and father nearly 25 years in prison," the Statesman editorial, published on November 11, 2011, under the heading, "Bar must act forcefully in pursuit of justice," begins.
"Tragically, the evidence contains clues that might have prevented another killing in Travis County had Williamson County authorities been as zealous about investigating those clues as they were about convicting Morton for killing his wife, Christine Morton," the story continues.
"Anderson, now a state district judge in Georgetown, is not expected to speak publicly. He is giving his account in testimony taken under oath as part of an agreement that freed Michael Morton from prison recently. Morton wanted answers. The public does, too. Whether those answers will come in Anderson's testimony or in a separate investigation by the State Bar of Texas remains to be seen.
The 1987 Morton case, which collapsed over the past few months in the wake of DNA testing, was a high-profile case and another in which Anderson, the lead prosecutor at the time, got a conviction. But this time it was the wrong person. And fingers are being pointed at Anderson and his legal team for hiding evidence from Morton's defense lawyers.
Any miscarriage of justice is tragic, but there is a level of relief in cases of wrongful convictions that were caused by unintentional errors or mistakes.
The public can take a breath and feel the system corrected itself, however late and unfortunate.
As taxpayers, we financially compensate innocent people who suffer prison terms because mistakes were made. In some instances, district attorneys who prosecuted and judges who sentenced or oversaw those trials are rightly humbled and offer apologies.
But Morton's case denies us that comfort. We're learning that mistakes or unintentional errors were not the cause of an unjust outcome. Instead, we're seeing through court records the actions of an arrogant legal team that bent, broke or entirely discarded ethical rules to convict Morton.
Allegations regarding misconduct focus on Anderson and his trial assistant at the time, Mike Davis. But they also should encompass actions of the current Williamson County district attorney, John Bradley. For six years, Bradley waged a legal battle to prevent the very DNA testing of evidence that freed Morton and pointed to another culprit. Last week, Mark Alan Norwood, 57, was arrested in his Bastrop home and charged with the 1986 murder of Christine Morton.
Davis now is pointing a finger at Anderson.
American-Statesman writer Chuck Lindell reported last week that Davis, in his sworn testimony, described his former boss as a "control guy," who took part in every facet of a major case, from the investigation by law enforcement to the strategy used at trial.
Anderson, Davis said, would have determined what information had to be turned over to Michael Morton's lawyers before trial. The Round Rock lawyer added that he was "shocked" to discover this year that certain evidence had not been provided.
Davis said he was particularly troubled to learn that Morton's trial lawyers were not given evidence from an eyewitness to the crime, the Mortons' 3-year-old son. The boy described the attacker as a monster who was not his father.
We know now that Michael Morton's lawyers also were not given other key evidence, including information that Christine Morton's credit card was used days after her death and a check made out to her was cashed days after her death using an apparently forged signature.
The sworn testimony that makes public information regarding prosecutors' handling of the case is one part of accountability. The other, and the most important part, must come through the State Bar of Texas, which is conducting an investigation as to whether prosecutors violated state law by deliberately hiding key evidence from Morton's trial lawyer. The investigation will test whether the State Bar is up to the task of curbing wayward prosecutors.
Certainly, there are many district attorneys who abide by the rules and take seriously their duties to seek justice, even when it means losing a case. But there are those who have abused their authority, and they have become emboldened by a weak State Bar that has not acted forcefully enough to address misconduct in the legal profession.
The Texas legal system certainly needs the State Bar watchdog to bark. But a watchdog that is unwilling to bite cannot effectively protect the house."
http://www.statesman.com/opinion/bar-must-act-forcefully-in-pursuit-of-justice-1965320.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;
