Today's Austin American-Statesman reports, "Depositions shed light on Morton prosecution." It's by Chuck Lindell.
Lawyers for Michael Morton, recently freed from a life sentence for a murder he did not commit, have accused former Williamson County District Attorney Ken Anderson of deliberately hiding evidence to secure a guilty verdict 25 years ago.
Newly released court records, including transcripts of sworn testimony provided last month by Anderson's trial assistant, show how Morton's legal team intends to bolster that accusation.
Mike Davis, a Round Rock lawyer who helped Anderson prosecute Morton for the murder of his wife, Christine, described his former boss as a "control guy" — a detail-oriented district attorney who took part in every facet of a major case, from the investigation by law enforcement to the strategy used at trial.
"Any murder case was Ken Anderson's baby," Davis said in his Oct. 29 deposition under questioning by Morton lawyer Gerry Goldstein.
Anderson, now a state district judge in Georgetown, would have determined what information had to be turned over to Morton's lawyers before trial, Davis said, adding 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 lawyers did not receive evidence indicating that there was a witness to Christine Morton's murder — her 3-year-old son, Eric, who described the attacker as a monster who was not his father.
That information, contained in a taped and transcribed phone conversation between Christine Morton's mother and the lead sheriff's investigator, Sgt. Don Wood, was provided to Morton's lawyers in 2008 as part of a request under Texas open records laws. The sheriff's office and district attorney's office had fought the request.
Before Morton's trial, defense lawyers made the standard request for all evidence favorable to their client, but Anderson should have provided the conversation transcript without being asked, Davis said. Prosecutors are legally required to disclose evidence that could help a defendant, he said.
"Former Assistant DA Deflects Blame In Morton Case," is the title of Brandi Grissom's Texas Tribune post.
In a deposition made public Tuesday, Mike Davis, a former assistant district attorney in Williamson County, pointed the finger for any alleged wrongdoing that led to the prosecution of Michael Morton directly at his former boss, Ken Anderson.
Davis provided testimony Oct. 29 as part of an ongoing investigation by defense lawyers into whether Williamson County officials intentionally withheld information that could have prevented Morton's 1987 murder conviction and life sentence in the killing of his wife, Christine Morton. According to the transcript, a representative of the State Bar of Texas also attended the Davis deposition. That agency is also investigating allegations of prosecutorial misconduct in the Morton case.
And:
The transcript and other information, Davis said, should have been turned over to the judge and to Morton's attorneys. When he learned about the DNA evidence that exonerated Morton, Davis said he went to Anderson's office and confronted him about whether he had concealed the transcript outlining details of the attack young Eric Morton witnessed. "And he says, 'We turned it over,'" Davis said.
Davis also described a scene that unfolded in the Williamson County courthouse on the day that the Texas Court of Criminal Appeals exonerated Morton. Davis was in Anderson's courtroom, and he said current District Attorney John Bradley arrived and insisted on a meeting with Davis and Anderson in a back room. Anderson wanted to meet with Bradley alone, Davis said, and the two went into a separate room. "And Judge Anderson and Mr. Bradley had a discussion which was pretty loud," Davis said. "I could hear raised voices, but I couldn't tell what they were saying."
Davis contended he had no knowledge that anything was withheld from Morton's lawyers, and that he was disturbed to learn that information was allegedly supressed. "It troubles me greatly," Davis said.
The transcript of Anderson's deposition, which was conducted last week, is expected to be released soon.
The Tribune has also published the transcripts of the Davis deposition, the deposition of former Williamson County Deputy Sheriff Donald Wood, and a statement by Dr. Roberto Bayardo.
Earlier coverage of Michael Morton's exoneration begins at the link.
The responsibility of the state to provide exculpatory evidence to the defense was articulated in the 1963 Supreme Court ruling in Brady v. Maryland; more via Oyez.
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