Tuesday, April 30, 2013

Judge Ken Anderson: Raymond Bonner's insightful commentary on the rarest of events: A prosecutor on trial in Texas. (Must Read: HL).

POST: "Reversal of fortune: A prosecutor on trial," by Raymond Bonner, published by Pro Publica on April 29, 2013. (Raymond Bonner, a lawyer and former New York Times reporter, is the author of "Anatomy of Injustice: A Murder Case Gone Wrong.)

GIST:  "In one of Anderson's most notorious murder cases — the conviction of Michael Morton for killing his wife — he withheld critical evidence that would have been essential to Morton's defense.
Morton spent 25 years in prison before gaining his release. Anderson, once named the Texas Prosecutor of the Year, now faces 10 years in prison for his part in Morton's wrongful conviction. The judge who oversaw a Court of Inquiry investigation of Anderson's conduct did not spare the former prosecutor. "The court cannot think of a more intentionally harmful act than a prosecutor's choice to hide mitigating evidence so as to create an uneven playing field for a defendant facing a murder charge and a life sentence," said Judge Louis Sturns. Anderson's lawyer has filed an appeal, arguing that the statute of limitations bars any action. In Williamson County, the charges have shaken Anderson's friends and colleagues. But Judge Sturns's action is even more remarkable when set against the long and often ugly history of prosecutorial misconduct. Even when prosecutors engage in strikingly unethical behavior, they are rarely sanctioned for it, much less criminally charged.........It is hard to overstate the uniqueness of the inquiry into the prosecutor's actions in the Morton case, and the subsequent legal action against Anderson. One way to appreciate its novelty is to recall the South Carolina case of Edward Lee Elmore. A semi-literate African-American, Elmore was convicted and sentenced to death for the sexual assault and murder of a 75-year-old white woman. In Elmore's case, the prosecution didn't just withhold critical information from the defense. There is reason to believe that the police and investigators concocted evidence, and that they committed perjury. For instance, at Elmore's trial, officers testified that more than 40 of Elmore's pubic hairs had been found on the bed where he was alleged to have sexually assaulted the victim. But the claims, as well as others involving what was once presented as scientific evidence of Elmore's guilt, ultimately crumbled upon re-examination. And some potentially exculpatory evidence was withheld from Elmore's lawyer."

The entire post can be found at:



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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:


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Harold Levy: Publisher; The Charles Smith Blog.