STORY: "A pinch of poison, an ounce of protection or a pound of cure?" by Gene Howington, guest blogger on the Jonathan Turley Blog, published on November 10, 2013. (My 1001 fastidious researchers found very little about "Gene Howington" - except that he is a graduate of the University of Kansas and describes himself as, "Just another guy waiting for the aliens to pick me up." But I don't think Jonathan Turley would allow just anyone to be a guest blogger on his highly regarded Blog - and I agree entirely with his assessment of the gross inadequacy of the punishment meted out to former Judge Ken Anderson for deliberately taking the steps which caused Michael Morton to lose almost 25 years of his life to a wrongful conviction. HL).
GIST: "This brings us to the case currently in the news of former Texas prosecutor Ken Anderson.
The former Williamson County District Attorney and Judge (appointed by Rick Perry) agreed to a plea deal for criminal contempt of court for failing to turn over exculpatory evidence in the 1987 murder trial of Michael Morton, later exonerated when the conviction was overturned in 2011. Anderson will pay a $500 fine, perform 500 hours of community service work, spend 10 days in jail and lose his license to practice law. As part of the plea deal, charges of tampering with evidence – which carried a potential penalty of 10 years in prison – were dropped. Is this sufficient punishment for willfully and wrongly sending a man to prison for 24 years? Does this kind of plea further erode public faith in the accountability of those responsible for running the criminal justice system? While this case is being trumpeted as “precedent shattering”, is it really? What can we do about this kind of systemic error? Is this sufficient punishment for willfully and wrongly sending a man to prison for 24 years? Anderson willfully withheld exculpatory evidence, namely that that witnesses reported seeing a man park a green van nearby and walk into the woods near the Morton’s house and that Morton’s 3-year-old son specifically said Morton wasn’t at the scene. Anderson’s criminal malfeasance was only undone after DNA evidence proved another man was responsible for the 1986 beating death of Morton’s wife, Debra Jan Baker. I don’t think that the punishment even comes close to the damage Anderson’s willful criminal misconduct inflicted on Michael Morton. Whether or not this is mitigated by damages in a future civil suit remains to be seen. That being said, money is cold comfort for wrongfully depriving a man of one third to one quarter of his life expectancy and the freedom to be in the life of his child and other family. Does this kind of plea further erode public faith in the accountability of those responsible for running the criminal justice system? I suspect that if Anderson hadn’t been a DA and Judge, that he wouldn’t have gotten such a lenient plea deal either. This comparative slap on the wrist sends the wrong message to both citizens and members of the bar alike. The potential ten year prison term he faced if prosecuted for tampering with evidence charges seems a more equitable punishment from a not only fair and accurate charge in itself but a charge that should/could have arguably included an obstruction of justice charge. This kind of clear favoritism cannot do anything but erode public confidence in the criminal justice system even if it does mark the first time a prosecutor has received criminal sanction for such prosecutorial misconduct. While this case is being trumpeted as “precedent shattering”, is it really? No. “Less revolutionary than evolutionary” is probably a better description. So is “long over due” and “insufficient as deterrent” and “inadequate and inequitable remedy for harm inflicted”."
The entire post can be found at:
http://jonathanturley.org/2013/11/10/a-pinch-of-poison-an-ounce-of-protection-or-a-pound-of-cure/
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
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/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
I look forward to hearing from readers at:
hlevy15@gmail.com
