The StandDown Texas Project

Texas State Senator, Advocates to Push Legislative Fix for DNA Testing Hurdle

Today's Austin American-Statesman reports, "Senator vows to expand DNA testing in innocence claims."  It's by Chuck Lindell.  Here's an extended excerpt from the beginning:

Arguing that the state’s highest criminal court watered down a law designed to free innocent people from prison, a state senator vowed Wednesday to introduce, and pass, legislation allowing for expanded DNA testing of crime-scene evidence.

Sen. Rodney Ellis, D-Houston, said a February ruling by the Court of Criminal Appeals interpreted the 2011 law too narrowly, “making it difficult for folks to secure DNA testing that can prove their innocence and identify actual perpetrators.”

“This decision, respectfully, is out of touch with tremendous advances in science that we’ve made in regard to DNA testing,” he said.

In its February ruling, the appeals court unanimously denied DNA testing for death row inmate Larry Swearingen, ruling that his lawyers had not established that there was biological material on several items Swearingen wanted to test, including pantyhose used to strangle the victim, Conroe college student Melissa Trotter.

The ruling leaves inmates in a catch-22 — unable to get DNA testing unless they can prove the existence of biological material that cannot be revealed without testing, said Michael Morton, who was exonerated by DNA evidence in 2011 after 25 years in prison.

Time Warner Cable News Austin posts, "Advocates Fight to 'Fix' DNA Testing Laws," by LeAnn Wallace.  There is video at the link.

"The legislature has done a lot in recent years in regard to DNA testing to make sure the guilty are punished,” Democratic Sen. Rodney Ellis said. “And the innocent are free."

But Sen. Rodney Ellis says those efforts have seen a setback. A decision made by the Texas Criminal Court of Appeals earlier this year weakened the post-conviction DNA statute, denying death row inmate Larry Swearingen further DNA testing in his case.

"The legislature clearly understood this issue and why on earth would we execute a person without applying scientific DNA testing to determine whether that person was actually guilty,” Bryce Benjet with The Innocence Project said.

Earlier coverage of the February ruling by the Texas Court of Criminal Appeals begins at the link.  You can also jump to coverage of the 2013 Texas post-conviction forensics legislation (SB 344).

Related posts are in the DNA category index.  Also available, more on Michael Morton's exoneration and advocacy to prevent wrongful convictions.

An OpEd by Michael Morton on the Todd Willingham Case

"Prosecutors are not above the law," is the title of Michael Morton's OpEd in today's Dallas Morning News.

Three years ago, I sat in a Texas prison cell despite DNA evidence that proved my innocence. The prosecutor who had the power to set me free initially refused to acknowledge that miscarriages of justice occur.

In 1987, the murder case against me consisted solely of junk science, with a heavy dose of prosecutorial misconduct. Thank God it was not a capital case. If I had faced the death penalty, I would have been executed years ago.

Cameron Todd Willingham was not so fortunate. Although efforts were made to stop his execution, Willingham — who I believe was innocent — was executed Feb. 17, 2004.

Willingham, a victim who initially suffered the unspeakable loss of his children, Amber, Karmon and Kameron, ultimately died a victim of what appears to be the most egregious deprivation of federal constitutional rights. He cannot be brought back from the grave, but the prosecutor who violated his federal civil rights can and should be federally prosecuted and held accountable.

Earlier coverage of Todd Willingham's case begins at the link.  More on Michael Morton and his post-exoneration work is also available.

A New Book From Michael Morton

"When They Imprison the Wrong Guy," is by New York Times OpEd columnist Nicholas Kristof.

A great deal has been written about the shortcomings of the American criminal justice system, but perhaps nothing more searing than Morton’s book, “Getting Life.” It is a devastating and infuriating book, more astonishing than any legal thriller by John Grisham, a window into a broken criminal justice system.

And:

Finally, it’s worth noting that Michael Morton is able to deliver this aching and poignant look at the criminal justice system only because he didn’t get a death sentence. When Morton was finally freed from prison, some of his first words were: “Thank God this wasn’t a capital case.”

"Exoneree's 25-year prison odyssey," is by Mark Dore for the San Antonio Express-News.

On one of the 25 Christmases he spent in prison, Michael Morton received the best gift of his life — a cheap, all-plastic typewriter, with nothing even the most inventive inmate could fashion into a weapon.

He pounded on the rickety machine for hours, crafting fiction, writing legal documents and tapping out a 1,000-page prison journal. The memoir Morton fashioned in his cell — “Getting Life: An Innocent Man's 25-Year Journey From Prison to Peace,” out Tuesday — is a jarring testament that truth really can be stranger than fiction.

After serving two-and-a-half decades behind bars for the 1986 murder of his wife — a crime he did not commit — Morton has been the subject of a documentary, several media profiles and hours of TV talk-time. His story — a Texas story, out of Williamson County, north of Austin — attracted national attention.

With “Getting Life,” Morton takes his horrifying experience into his own hands, something he said carried none of the anxiousness he has felt in the past when he was interviewed.

Earlier coverage of Michael Morton begins at the link.

Considering the Toll of War in a Death Penalty Debate

That's the title of Brandi Grissom's report at the Texas Tribune and the New York Times Texas edition of December 27.  Here's the beginning:

The car would not stop. Flares did not stop it. Shots fired into the engine didn't stop it. Exaggerated hand gestures and hollering surely didn't. As far as the four Marines stationed at a roadside checkpoint in Iraq knew, the sedan hurtling toward them was a bomb on wheels.

Tim Rojas flashed a thumbs-up at his fellow lance corporal, John Thuesen, 21, the quiet Texan manning the machine gun on the Humvee’s turret. Bullets ripped through the car. The driver slumped over the steering wheel as the sedan crawled to a stop.

There was no explosion. The Marines were alive, and in that moment, Rojas recalled, the four men felt like heroes.

Then, the car’s rear door opened, and a boy, covered in his family’s blood, terror all over his face, ran screaming toward them.

“It was a terrible feeling,” Rojas said, his eyes glassy with tears, recalling the day that he said forever changed their lives.

That was nearly a decade ago. Now, Rojas is again standing with his buddy.

Thuesen, 30, is on death row for shooting his girlfriend and her brother in their College Station home in 2009. Thuesen and his lawyers have filed an appeal, arguing that the jury would have imposed a life sentence had it been fully informed about the damage that post-traumatic stress disorder can cause. Rojas is now talking about their ordeal, hoping it will help with his friend’s appeal and bring more awareness about post-traumatic stress disorder from the battlefield.

Grissom also posted, "Year in Review: Criminal Justice," at the Texas Tribune.

Fallout from the high-profile Michael Morton exoneration along with more prison closures and growing concerns about the mentally ill in Texas prisons dominated criminal justice headlines in 2013.

Morton was released from prison in 2011 after DNA tests revealed that he did not murder his wife in 1986, a crime for which he was convicted and sentenced to life in prison. After spending nearly 25 years in prison for a crime he did not commit, Morton lobbied the Legislature this year to pass laws that would prevent others from experiencing the same tragedy. And both the prosecutor who oversaw Morton’s conviction and the man whose DNA was connected to Morton’s wife’s murder wound up behind bars.

As the prison population and the number of juveniles in youth lockups continued to fall in the wake of criminal justice reforms in recent years, lawmakers decided to shutter more facilities. Legislators approved the closure of two privately operated state jails and one juvenile detention center. While some cheered the move, others in the communities where the facilities are located worried the closures would devastate the local economies.

Earlier coverage of Michael Morton's life after exoneration begins at the link.

Michael Morton & Barry Scheck on Need Clemency Reform

"Morton, Scheck: Changes are long overdue for Texas' clemency process," is the Houston Chronicle OpEd written by exoneree Michael Morton and Barry Scheck of the Innocence Project.

Few people can comprehend the pain felt by the family of Cameron Todd Willingham, whose survivors recently stood with us at the Capitol to ask the state to investigate his wrongful execution.

And:

The state of Texas has acted admirably in the creation of the Forensic Science Commission, which has critiqued the fire science in the case; and the State Fire Marshal's Office has, in conjunction with the Innocence Project of Texas, implemented a review of past arson cases where convictions may have been based on similarly unreliable evidence. Improvements also have been made in the judicial system with the passage of the Michael Morton Act, new requirements for DNA testing in death penalty prosecutions and the creation of a new procedure to consider scientific evidence that contradicts that which led to a conviction.

But the clemency process that failed to discover Willingham's innocence in 2004 remains essentially unchanged. A recent study by a committee of the American Bar Association found that the Board of Pardons and Paroles' consideration of capital cases is woefully inadequate - Texas does not meet any of the eleven minimum guidelines for an adequate process. This is a gaping hole in the safety net against wrongful execution.

Although reasonable people can debate the effectiveness of the death penalty or whether it is morally appropriate, no one can endorse a system that allows the execution of an innocent person. And we need to do everything in our power to make sure that the Board of Pardons and Paroles, the last stop in our criminal justice system, has the resources and the procedures necessary to do its job.

Earlier coverage of Todd Willingham's case begins at the link.

In 2005, Texas Appleseed and the Texas Innocence Network published, "The Role of Mercy: Safegaurding Texas Justice Through Clemency Reform," which examined best practices in executive clemency.  The Appendix contains comparative state information.  Though several Texas lawmakers have pushed for clemency reform, the process remains as it was in 2005, when the report was issued.

Related posts are in the clemency category index.

Additional coverage of Michael Morton's exoneration and pursuit of criminal justice reforms is also available.

Posthumous Pardon Sought for Todd Willingham

"Citing New Evidence, Innocence Project Calls for Pardon," is Brandi Grissom's report, available in today's Texas edition of the New York Times and at the Texas Tribune.

Armed with what it says is new evidence of wrongdoing in the prosecution of Cameron Todd Willingham, the Innocence Project on Friday will ask Gov. Rick Perry to order the Texas Board of Pardons and Paroles to investigate whether the state should posthumously pardon Mr. Willingham, whose 2004 execution has become a lightning rod of controversy over the Texas justice system.

“This is a terrible thing to not only execute somebody who was innocent; this is an individual who lost his three children,” said Barry Scheck, co-founder of the Innocence Project, a legal group that focuses on wrongful convictions.

The organization says it discovered evidence that indicated the prosecutor who tried Mr. Willingham had elicited false testimony from and lobbied for early parole for a jailhouse informant in the case.

The informant, Johnny Webb, told a Corsicana jury in 1992 that Mr. Willingham had confessed to setting the blaze that killed his three daughters.

The Innocence Project also alleges that the prosecutor withheld Mr. Webb’s subsequent recantation. The organization argues that those points, combined with flawed fire science in the case, demand that the state correct and learn from the mistake it made by executing Mr. Willingham.

Former Judge John H. Jackson, the Navarro County prosecutor who tried Mr. Willingham, said the Innocence Project’s claims were a “complete fabrication” and that he remained certain of Mr. Willingham’s guilt.

And:

Now, Mr. Scheck said, his organization has discovered that prosecutors went to great lengths to secure false testimony from Mr. Webb, to repay him for helping secure the conviction and to hide the recantation.

During the trial, Mr. Webb, who was in jail on an aggravated robbery charge, said he was not promised anything in return for testifying. But correspondence records indicate that prosecutors later worked to reduce his time in prison.

In a 1996 letter, Mr. Jackson told prison officials Mr. Webb’s charge should be recorded as robbery, not aggravated robbery.

But in legal documents signed by Mr. Webb in 1992, he admitted robbing a woman at knife point and agreed to the aggravated robbery charge.

In letters to the parole division in 1996, the prosecutor’s office also urged clemency for Mr. Webb, arguing that his 15-year sentence was excessive and that he was in danger from prison gang members because he had testified in the Willingham case.

In 2000, while he was incarcerated for another offense, Mr. Webb wrote a motion recanting his testimony, saying the prosecutor and other officials had forced him to lie.

That motion, Mr. Scheck said, was not seen by Mr. Willingham’s lawyers until after the execution. Meanwhile, he said, prosecutors used the testimony to stymie efforts to prove Mr. Willingham’s innocence and prevent his death.

The Innocence Project has issued a news release, "Cameron Todd Willingham’s Surviving Relatives, Joined by Exoneree Michael Morton, Request Posthumous Pardon Investigation."  Here's the beginning of the release:

Relatives for Cameron Todd Willingham were joined by exoneree Michael Morton at a press conference at the Texas capitol today to urge the state to conduct an investigation into Willingham’s wrongful execution. Last year, Willingham’s family filed a posthumous pardon petition before the Texas Board of Pardons and Paroles asking that the state pardon Willingham, who was executed in 2004 for the arson murder of his three daughters despite compelling evidence of his innocence. The Innocence Project filed an amended petition today on behalf of the Willingham family presenting newly discovered evidence that points to possible false testimony at his trial and possible prosecutorial misconduct that may have contributed to his wrongful execution.
 
“Todd’s dying wish was that we help clear his name, and we can’t let this go until the state acknowledges the grave injustice that Todd suffered,” said Eugenia Willingham, Willingham’s stepmother. Patricia Willingham Cox, Willingham’s cousin added, “The more we learn about Todd’s case, the more we see how tragically the system failed him. The Texas Board of Pardons and Paroles has the power to finally conduct a thorough investigation into his case, and we urge it to do so for the sake of all Texans who deserve a clemency system that values justice over mere finality.”
 
Following the press conference, exoneree Michael Morton walked with Willingham’s surviving relatives to deliver a letter to Gov. Perry asking for a meeting with him to explain why a hearing is needed. A copy of the letter is available.

Earlier coverage of Todd Willingham's case begins at the link.

All Willingham coverage is available through the Todd Willingham index.

The Beyler report prepared for the Forensic Science Commission is here in Adobe .pdf format.

David Grann's September 2009 New Yorker article is noted here.    Steve Mills and Maurice Possley first reported on the case in a 2004 Chicago Tribune series on junk science.  The December 9, 2004 report was titled,"Man executed on disproved forensics."

The Innocence Project has a Todd Willingham resource page which provides a concise overview of the Willingham case with links to all relevant documents.

San Antonio Express-News Columnist O. Ricardo Pimentel

San Antonio Express-News columnist O. Ricardo Pimentel writes, "The unfinished business: the death penalty."  Here's the beginning of this must-read:

The photo of Gov. Rick Perry signing legislation that diminishes the chances of wrongful convictions in Texas is rich in irony. More important, it projects an indelible sense of job undone.

The irony is embodied in the now-deceased person of Cameron Todd Willingham, who also points to the unfinished work. Those intimately familiar with Texas' criminal justice history can tell you that Willingham, even more than Michael Morton — whose case prompted this legislation — is the state's prime example of wrongful conviction.

Morton's story is incredibly tragic. He spent nearly 25 years in prison after being convicted in the beating death of his wife. The prosecution withheld evidence that would have cleared him. Thanks to the work of the New York-based Innocence Project, Morton was exonerated by DNA evidence that pointed to another man, who has since been convicted.

But Morton is alive. Texas executed Willingham in 2004, convicted on the strength of highly flawed arson evidence for the deaths of his three daughters in Corsicana. The evidence actually points to no arson.

The photo shows Perry signing the bill at his desk, flanked by Morton and legislators. The irony: a report discrediting the evidence used to convict Willingham came across that desk or one similar in plenty of time for Perry to have spared Willingham's life.

Earlier coverage of the new criminal discovery law - aka, the Michael Morton Act - begins at the link.  Related posts are in the Michael Morton and Todd Willingham category indexes.

Thoughts on the the Texas Legislature

Today is the 133rd day of the 140-day legisltive session.  Sine Die - aka, adjournment - is Monday, May 27.  You can view the various deadlines that limit legislative activity as the days peel off the calendar.

Andrew Cohen writes about the passage of a major criminal discovery law, "In Texas, a Bold Step Toward Justice," for the Brennan Center.  He recently joined the Center as a Fellow.

It is altogether fitting that Texas, a state where some of the worst of these transgressions have taken place, is confronting part of its unconstitutional past the same week America commemorates the 50th anniversary of the Brady ruling, which came down unanimously from the high court on May 13, 1963. The Morton Act, which now awaits Gov. Rick Perry’s signature after passage in both houses of the Texas legislature, is a bold, progressive step that creates an “open-file” discovery rule requiring prosecutors to share more information more quickly with defense attorneys.

The new law means prosecutors now have an affirmative duty under state law to comply with Brady by making sure defendants and their lawyers can see and copy all police reports and witness statements. Prosecutors will be able to protect the identity of witnesses — which always has been a sticking point in these measures — but will have to provide defense counsel with a list of the disclosed evidence. In other words, Texas now has taken a significant step toward giving its criminal defendants, whose life or liberty are on the line, many of the same discovery protections routinely afforded litigants in state court civil cases, where neither life nor liberty are at stake.

It’s about time. Morton spent 25 years in prison for the murder of his wife before a DNA test exonerated him just a few years ago. The behavior of his prosecutor, Ken Anderson, was so egregious that Anderson himself now faces criminal charges of tampering with evidence. Michael Toney also spent nearly 25 years in a Texas prison because his prosecutors suppressed evidence about the credibility of the only witnesses to testify directly against him. Anthony Graves was relatively lucky — he spent just 18 years behind bars for a crime he did not commit.

The Morton Act will require prosecutors to play more fairly in criminal trials. And a related measure, Senate Bill 825, also passed by the Texas House this week, addresses what will happen when they don’t. This measure will give aggrieved criminal defendants more time to challenge prosecutorial errors once they are discovered. And, critically, it will publicly reprimand prosecutors who cheat. I’d like to see harsher sanctions in these cases — more teeth to the measure — but if the new law is faithfully observed by state court judges no longer will the legal community in a particular jurisdiction be able to close ranks around district attorneys who violate the law.

Cohen's essay was written before Governor Perry signed the measure into law.

The Austin Chronicle posts, "Junking Junk Science?"  It's by Jordan Smith.

It appears the third time filed is the charm for a bill that allows defendants to challenge their criminal convictions based on the state's use at trial of junk or outdated science – but will it actually cure the problem it seeks to address?

The Texas House Thursday morning unanimously passed Senate Bill 344, by Sen. John Whitmire, D-Houston, queueing up the bill for Gov. Rick Perry's signature, but whether it will have any bite to it is unclear.

As passed, the measure tells the Court of Criminal Appeals how to consider scientific evidence challenged in writs of habeas corpus – an issue that, aside from those cases involving DNA, remains a source of some uncertainty and tension – including in cases that involve pure junk, like dog scent-lineups, or cases that involve more evolved scientific understanding, as with the now discredited trifecta of "symptoms" once considered the hallmark of so-called "shaken baby syndrome."

As the law had to be changed in order to allow the CCA to consider appeals specifically citing DNA evidence, so too SB 344 amends habeas law to allow the court to grant relief where sufficient facts demonstrate that relevant, and admissible, scientific evidence contradicts that which the state used to convict, or that was unavailable at the time the defendant was convicted. The bill also prohibits the court from denying relief based on the fact that a defendant either confessed to the crime or took a plea deal.

Earlier coverage of the 83rd Regular Session of the Texas Legislature begins at the link.

Texas Editorials Applaud Legislature's Criminal Justice Reforms

"Morton Act a victory for justice," is the Austin American-Statesman editorial.  It's a must-read on the state of major criminal justice reforms in the Texas Legislature.

All that remains to be done to make the Michael Morton Act state law is for Gov. Rick Perry to do the expected and sign it. This necessary legislation, which once appeared doomed in the Texas Senate before winning unanimous approval there and, on Tuesday, in the Texas House, brings statewide consistency to criminal cases by requiring prosecutors to share information with defense lawyers.

When the governor puts his signature on this important act, a statewide “open file” policy will be created. Such a policy should help prevent the kind of wrongful conviction that sent Morton to prison for almost 25 years for the murder of his wife, Christine.

And:

The Michael Morton Act, which was co-authored by Democratic state Sen. Rodney Ellis of Houston and Republican state Sen. Robert Duncan of Lubbock, almost didn’t make it out of the Senate. District attorneys had expressed concern that the bill put at risk the safety of witnesses and victims, prompting Lt. Gov. David Dewhurst to push a reasonable compromise that allows prosecutors to delete identifying information from their files before turning them over to defense lawyers.

A related bill giving exonerated Texans four years from the date of their release from prison to pursue allegations that a prosecutor hid evidence also has been sent to the governor for him to sign. Under current law, the four-year statute of limitations begins at the time a violation occurs, a preposterous provision that makes it all but impossible to hold prosecutors accountable.

Today's Dallas Morning News publishes the editorial, "Legislative progress report."

Haven’t we done enough?

The implied question hung like a stink bomb over what should have been a satisfying day of landmark reform of criminal justice in Texas.

Just a few hours earlier on Tuesday, the Texas House gave final legislative OK to breakthrough legislation, the Michael Morton Act, to clarify and broaden a defendant’s access to evidence that could prove innocence. Passage of the bill, SB 1611, comes the week of the 50th anniversary of the Supreme Court decision in Brady vs. Maryland, which established access to exculpatory evidence as a constitutional right.

It was inspiring to see the Texas House rally to that founding principle and pass SB 1611 unanimously, 146-0, and send it to the governor.

Then came the sour note from Sen. Joan Huffman, R-Houston, as she chaired a Senate hearing on HB 166 to study cases of proven exoneration, like Morton’s. The goal is to apply lessons learned after analyzing cases of government overreach that robbed people of their freedom.

But Huffman lectured the committee — and a group of exonerees waiting to testify — that the state of Texas has done just fine by victims of wrongful conviction and has compiled an impressive list of reforms in recent years. Her recitation was as boneheaded as it was insulting to people who had lost decades of their lives because of slipshod work, backward practices or ethical lapses by cops and prosecutors.

Learning from breakdowns in justice should be an ongoing process. The state has adopted some new safeguards, but there is little track record.

I'll have more of the Huffman episode in the next post.

"Texas Senate must move quickly to pass exoneration bill," is the Fort Worth Star-Telegram editorial.

There is a stain on the Texas criminal justice system that no spot remover can erase.

But Texas’ indelible shame of having sent too many innocent people to prison should not keep lawmakers, law enforcement officials, judges and prosecutors from working to improve the procedures whose flaws have led to serious mistakes.

With 117 exonerations, Texas leads the nation in erroneous convictions. Since 1994, there have been 49 exonerations based on DNA testing; 41 of those occurred in the last 12 years.

To its credit, the Legislature in the last few sessions has passed legislation aimed at reducing the chances of convicting innocent people, including strengthening the reliability of eyewitness identification such as through photo lineups.

This week, the state House passed the Michael Morton Act on a vote of 146-0. Named for a man who was wrongly convicted of murder in Williamson County after a district attorney withheld important evidence, the bill requires prosecutors to have an “open file” policy of sharing information with defense attorneys.

And:

The Morton case and many others in which the system failed make it extremely important that another pending bill is not allowed to die in the Senate.

HB166, which passed the House with strong bipartisan support, would create the Timothy Cole Exoneration Review Commission, a nine-member body that would examine all Texas cases in which a conviction was erased through exoneration.

The panel is named for a Fort Worth man who died in prison before his innocence was proven. Timothy Cole became the first person in the state to be exonerated posthumously.

The commission’s role would be to “identify errors and defects” in the criminal justice process and point out “ethical violations or misconduct by attorneys or judges.”

Earlier coverage of the Michael Morton Act begins at the link.

Texas Criminal Discovery One Vote From Governor's Desk

The Longview News-Journal posts AP coverage, "House OKs Morton criminal justice bill."

The House on Monday approved the Michael Morton Act, a measure designed to prevent wrongful convictions and named in honor of a Texan who spent nearly 25 years in prison for a murder he did not commit.

It would create a uniform “open file” policy in Texas, compelling prosecutors to share case files with defense attorneys that can help defendants’ cases.

Morton, 58, was sentenced to life in prison for the 1986 slaying of his wife Christine, but freed in October 2011, after DNA testing was done on a bloody bandanna originally found near the couple’s Austin home. Investigators said the DNA evidence led them to another man, Mark Alan Norwood, whose DNA was in a national database as a result of his long criminal history.

"House Tentatively Approves Morton Act, DA Sanctions," is by Brandi Grissom for the Texas Tribune.

On the 50th anniversary of the landmark U.S. Supreme Court ruling in Brady v. Maryland, in which the justices ruled that prosecutors are obligated to provide defendants with exculpatory evidence “material either to guilt or to punishment,” the Texas House tentatively approved two bills meant to prevent wrongful convictions.

State Rep. Senfronia Thompson, D-Houston, said the measures, which she sponsored in the House, were designed "to improve the reliability of criminal convictions."

Both measures come in response to the high-profile exoneration of Michael Morton and the ongoing investigation and trials of the former prosecutor who oversaw his wrongful conviction, state District Judge Ken Anderson of Williamson County. Morton was convicted in 1987 of murdering his wife in Austin. He was exonerated and released from prison in 2011 after DNA testing linked another man to the crime. Morton's lawyers say that Anderson violated Brady rules by withholding crucial evidence that could have pointed to the real killer and prevented the innocent Morton from spending 25 years in prison. Anderson has denied wrongdoing.

"This is a huge first step," Morton said in an interview outside the House gallery. "It will prevent all sorts of abuse."

Morton and his wife, Cynthia, looked on as legislators unanimously approved the measures with little discussion. Lawmakers gave him a standing ovation when Thompson introduced him to the chamber. Since his release, Morton has lobbied lawmakers to enact reforms that would prevent his tragedy from befalling others.

"House approves Michael Morton Act," is by Chuck Lindell for the Austin American-Statesman.

The Texas House tentatively approved the Michael Morton Act without opposition and without debate Monday, then followed with unanimous approval for a Morton-backed bill extending the statute of limitations on misconduct complaints against prosecutors.

With final House approval expected Tuesday, sending the bills to a receptive Gov. Rick Perry, Morton finds himself in the midst of an extraordinary string of victories — beginning with the biggest in October 2011, when he was freed after almost 25 years in prison and declared innocent of the 1986 murder of his first wife, Christine.

Morton next turned the tables on his prosecutor, former Williamson County District Attorney Ken Anderson, pushing an unprecedented investigation that led to Anderson’s arrest and brief detention last month after a special court found that he intentionally hid evidence to help ensure Morton’s conviction.

On Monday, seven weeks after watching a jury convict Mark Alan Norwood of his wife’s murder, Morton sat in the House gallery as the two reform bills received overwhelming support on the floor.

After the vote, Morton said he expects the bills to reduce the likelihood that other innocent people are wrongly convicted, particularly the Morton Act, which requires Texas prosecutors to adopt a uniform “open file” policy for sharing information with defendants before trial.

“Had it been in force when I was tried and arrested and all that, I wouldn’t have gone to prison, I wouldn’t have been convicted,” he said. “Open files are common in most counties, but having it legislatively required is a huge step to prevent all sorts of abuse. And I am very encouraged and very happy about it.”

Dallas Morning News coverage is, "Final approval near for bill inspired by Texas exoneree’s murder case," by Claire Cardona.

After the vote, Morton thanked his lobbyist, Thomas Ratliff, who took up the case pro bono.

“He has done this all out of the kindness of his heart, something he thought was very important and Thomas Ratliff should be patted on the back,” he said. “Like a lot of people in my life these days, they’re not accepting a dime. It restores some of my faith in people.”

The measure, which would take effect next year, faces a final procedural vote Monday and then heads to Gov. Rick Perry.

Morton was exonerated by DNA evidence in the 1986 murder of then-wife Christine Morton. Among evidence withheld during his trial was a record of Morton’s young son saying his father wasn’t the “monster” who murdered his mother.

Prosecutors never made the interview available to defense lawyers. Morton’s exoneration sparked investigation of the Williamson County prosecutor who led the case. Another man has since been convicted of killing Christine Morton.

“This is an incredible day for justice in Texas,” said Ellis. “We must weigh all relevant evidence and ensure we bring all the relevant facts to light to safeguard the innocent, convict only the guilty, and provide justice the people of Texas can have faith in.”

“I want to thank Mr. Morton for holding our feet to the fire and making this happen,” he said.

The House also passed a bill by Sen. John Whitmire, D-Houston, that would increase prosecutor accountability.

Whitmire’s bill would give exonerees four years after their release to file a complaint of prosecutorial misconduct. Current statute of limitations requires that a complaint be made within four years of when the misconduct occurs, which can make it hard for convicted inmates to access the resources to make their claim.

Earlier coverage of the criminal discovery legislation begins at the link.

Hearings at the Texas Legislature

The Texas Tribune posts, "House Panel Hears Testimony on 'Michael Morton Act'," by Brandi Grissom.

Just more than a week after the arrest of Ken Anderson, the former prosecutor who oversaw the wrongful conviction of Michael Morton in 1987, a House committee on Monday considered legislation that would require prosecutors to turn over evidence to defense lawyers in criminal cases.

Senate Bill 1611, dubbed the "Michael Morton Act" by state Sens. Rodney Ellis, D-Houston, and Robert Duncan, R-Lubbock, was approved unanimously April 11 by the Senate. Currently, prosecutors aren't required by state law to provide evidence to defense lawyers unless ordered to by the court. Among the charges Anderson faces is failing to comply with a judge's order regarding turning over evidence.

Morton told members of the House Judiciary and Civil Jurisprudence Committee on Monday that the bill would prevent wrongful convictions like the one he suffered.

"If it could happen to me, it could happen to you," said Morton, who spent nearly 25 years behind bars. The measure was left pending in the committee.

And:

"We want to improve fairness and consistency,” said state Rep. Senfronia Thompson, D-Houston, who is sponsoring the bill in the House. The measure, she said, is the first major reform to the Texas discovery system since 1965.

Many Texas prosecutors now have some form of open file policy, but the procedures vary by county and sometimes within a district attorney's office. In a February report based on a survey of more than 40 prosecutors' offices, Texas Appleseed and Texas Defender Service, both justice advocacy organizations, found that "lack of uniformity in discovery policies in Texas makes access to justice dependent, in part, on where a defendant is charged."

Under SB 1611, prosecutors would be required to turn over evidence both before trial and after it begins. A record would be kept of the exchange of evidence. 

Legislators have proposed opening the discovery process in previous legislative sessions, but the high-profile Morton case and his promotion of reform to prevent wrongful convictions gave the effort momentum this year.

"Exonerated Man Tells Legislature: Repeal Death Penalty," is Chris Tomlinson's AP filing, via KXAS-TV.

A man who spent 18 years on death row before a court exonerated him begged the Texas Legislature on Monday to repeal the death penalty.

Anthony Graves made his appeal to the House Criminal Jurisprudence Committee, which was considering a bill to stop executions in Texas.

"You tried to execute me twice for a crime that I knew nothing about," Graves told lawmakers. "You not only put me on death row, you put my family on death row, you put my children on death row ... and my children grew up without me."

Graves spent 18 years in prison before he was cleared by DNA evidence. The state gave him two execution dates before he was finally cleared and on Monday he pleaded with the lawmakers to end the death penalty.

"There are innocent men, mentally challenged men, insane men on death row, and you want to execute them," he added. "As long as we continue with this death penalty, as long as we don't get serious about it, you're going to continue to execute innocent people and you are going to call it justice."

Rep. Jessica Farrar, D-Houston, authored the bill, but she acknowledged it had little chance of passing.

"Every time we bring this up we get a bit closer to seeing this become a reality in Texas," Farrar said. "In the past six years, six states have done away with the death penalty."

Earlier coverage of the criminal discovery and death penalty repeal bills, at the links.  Related posts are in the Texas Legislature category index.

Judge Ken Anderson Charged with Misconduct

"Ken Anderson charged with misconduct during 1987 Michael Morton murder trial," is Chuck Lindell's report posted at the Austin American-Statesman.

Former Williamson County District Attorney Ken Anderson was arrested and booked into jail, then quickly released, for the “intentionally harmful act” of hiding favorable evidence to secure Michael Morton’s 1987 conviction for murder, the court of inquiry found.

“This court cannot think of a more intentionally harmful act than a prosecutor’s conscious choice to hide mitigating evidence so as to create an uneven playing field for a defendant facing a murder charge and a life sentence,” District Judge Louis Sturns ruled.

Sturns found probable cause to believe that Anderson broke two state laws and committed criminal contempt of court, then ordered Anderson to be arrested.

"Ex-Texas DA Faces Charges for Man's Prosecution," is the AP report by Michael Brick.

A Texas judge on Friday ruled that a former district attorney acted improperly when he prosecuted an innocent man who spent nearly 25 years in prison for his wife's slaying and ordered his arrest on criminal contempt and tampering charges.

Judge Louis Sturns, of Fort Worth, issued an arrest warrant for Ken Anderson for his handling of the case of Michael Morton. Sturns said there was sufficient evidence that Anderson was guilty on all three charges brought against him: criminal contempt of court, tampering with evidence and tampering with government records.

And:

During the weeklong Court of Inquiry, the special prosecutor, Houston defense attorney Rusty Hardin, presented witness testimony and other evidence to show Anderson kept evidence from Morton's attorneys at his trial.

The special court is a rarely used hearing that is held when officials or public servants are accused of wrongdoing. The process is similar to a grand jury proceeding, but people can defend themselves against the evidence presented.

Among the evidence Morton's attorneys claim was kept from them were statements from Morton's then-3-year-old son, who witnessed the murder and said his father wasn't responsible and interviews with neighbors who told authorities they saw a man park a green van close the Morton home and walk into a nearby wooded area before the slaying.

The Texas Tribune posts, "Court of Inquiry Ends With Arrest Warrant for Anderson," by Maurice Chammah.

Judge Louis Sturns concluded his court of inquiry by charging Anderson, who is now a state district judge, with tampering with government records (a misdemeanor), tampering with physical evidence (a felony) and failing to comply with a judge's order to turn over such evidence, for which he could be held in “contempt of court.”

The rare court of inquiry, in which arguments were made in February, was held to determine whether Anderson, a former district attorney, committed criminal misconduct during the trial that led to Morton’s wrongful murder conviction. Morton, who was in attendance for Friday’s decision, spent nearly 25 years behind bars for his wife’s murder before he was exonerated.

Sturns said that Anderson purposefully concealed evidence from Morton's defense attorneys, hiding reports that neighbors had seen a green van outside of the Mortons’ home and a phone transcript in which Morton's son was said to have told his grandmother a "monster" murdered Morton's wife.

Rusty Hardin, the special prosecutor in the court of inquiry, told reporters that Anderson would turn himself in at the Williamson County Jail on Friday afternoon, and that he would have to pay a $2,500 bond for each of three separate counts.

Earlier coverage of the Court of Inquiry begins at the link.  Related posts are in the Michael Morton category index. 

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.

Texas Legislative Update

KUT News posts, "Bill Would Change DNA Testing Procedures in Death Penalty Cases."  It's by Veronica Zaragovia and Laura Rice.  There is audio at the link.

A Texas Senate committee passed a bill last night that would require DNA testing of evidence in cases involving the death penalty.

The proposal will now go to the full senate for a vote.

Original Story (April 9, 2013, 5:24 p.m.) Texas lawmakers are weighing a bill that would require DNA testing of evidence in cases involving the death penalty.

In the state, local crime labs handle DNA testing at the discretion of local law enforcement. State Sen. Rodney Ellis (D-Houston), wants to change that.

Working with Texas Attorney General Greg Abbott, Sen. Ellis has authored a bill that would require the state to pay for DNA testing before death penalty trials begin.

The Texas Tribune posts, "Huffman Wants 'Michael Morton Act' to Add Restriction," by Brandi Grissom.

A fight over what defense lawyers can do with information about their clients in criminal cases after prosecutors turn it over to them is threatening to stymie the “Michael Morton Act.” 

The measure, Senate Bill 1611 by state Sens. Rodney Ellis, D-Houston, and Robert Duncan, R-Lubbock, would require prosecutors to turn over evidence to defense lawyers in criminal cases. Currently, prosecutors aren't required to provide evidence to defense lawyers unless ordered to by the court, though many Texas prosecutors have some form of open file policy.

The bill is one of several filed in response to the 2011 exoneration of Michael Morton, who spent nearly 25 years in prison after he was wrongly convicted in 1987 of his wife’s murder. His lawyers allege that the prosecutor in the case, Ken Anderson, who is now a Williamson County state judge, withheld critical evidence from Morton’s lawyers. Anderson denies any wrongdoing in the case.

State Sen. Joan Huffman, R-Southside Place, and some prosecutors want a restriction in SB 1611 that would limit whom defense lawyers can share information with once they’ve received it from the state. They said the current bill could jeopardize the safety of victims by allowing public disclosure of private information. Ellis, defense lawyers and at least one victims organization, however, say the current bill would not present danger for crime victims or witnesses. Some worry that Huffman and the prosecutors are working to render the measure meaningless.

Huffman, a former Harris County prosecutor and criminal court judge, said that she supports SB 1611 and that it contains "very necessary reforms." She described the changes she is requesting as “tweaks.”  

She and some district attorneys want to include a requirement in the bill that would force defense attorneys to seek court approval before sharing information they obtain in the discovery process with third parties. Defense lawyers could share information with their staff, the defendant, co-counsel in the case as well as expert witnesses. But they would be prohibited from telling anyone outside that “entrusted circle” without permission of the court.

More information on SB 1292 (DNA testing) and SB 1611 (Criminal Discovery) is at the Texas Legislature Online website.

Earlier coverage of the Texas Legislature current session notes several items:

• Racial justice legislation proposed by Dallas District Attorney Craig Watkins
• Creation of a Texas Innocence Commission
• Scientific standards for the evaluation of Intellectual Disability
• Criminal discovery
• Forensics
• Electronic recording of custodial interrogations

Related posts are in the Texas Legislature categoy index.

New Report Points to Criminal Discovery Reforms for Texas

Improving Discovery in Criminal Cases in Texas is the title of a new report issued by Texas Appleseed and Texas Defender Service.  A news release announcing the report is also available.  This is from the news release:

The new report, Improving Discovery in Criminal Cases in Texas, is based on an analysis of discovery policies solicited from 43 district attorney’s offices across the state and interviews conducted by pro bono partner Locke Lord LLP in Dallas.

The report recommends Texas’ discovery statute (Code of Criminal Procedure, Article 39.14) be amended to provide these ABA best practices:

• Automatic access to discovery;
• Open file discovery that includes access to police reports, witness statements, expert reports, and criminal histories;
• Defined timelines for initiating discovery; and, 
• An explicit continuing obligation to disclose.

"Transparency could lessen wrongful convictions, study finds," is Chuck Lindell's report for the Austin American-Statesman.

Criminal justice in Texas could be fairer, faster and less likely to convict innocent people if prosecutors and defense lawyers were required to share more information before trial, a report by two legal advocacy groups says.

Texas law does not require prosecutors to disclose information that is commonly shared in most states, including police reports, witness statements and reports compiled by expert witnesses, says the report, “Improving Discovery in Criminal Cases in Texas,” to be formally released Wednesday.

The result is a hodgepodge of rules varying from county to county, with many district attorney’s offices employing a robust open-file policy for defendants while others restrict information, “meaning access to justice can depend, in part, on where the case is filed,” the report says.

What’s more, Texas is the only state that does not require some sort of mutual discovery before a criminal trial, with defense lawyers opening their files to prosecutors to reveal witness statements, expert opinions and other information that does not incriminate the defendant.

“By disclosing all relevant information, both parties are able to investigate and scrutinize the evidence against the accused. This increases the likelihood that a just result will be reached,” concludes the report, which was compiled by Texas Appleseed, a nonprofit public interest law center, and the Texas Defender Service, a nonprofit that represents death row inmates, by examining the practices of more than 40 Texas counties.

The Texas Tribune posts, "Report: Open Discovery May Thwart Wrongful Convictions," by Brandi Grissom.

The amount of evidence that Texans accused of crimes can get from prosecutors varies across the state, leading to inequities in the way justice is meted out, according to a report released Wednesday, which suggests that requiring more transparency could prevent wrongful convictions.

Texas Defender Service, which represents death row inmates, and Texas Appleseed, a nonprofit that advocates for social justice, researched discovery practices in 40 Texas counties. They found that the wide variation in discovery practices among prosecutors makes access to justice dependent upon the jurisdiction in which the defendant is charged. Those findings, said Rebecca Bernhardt, a Texas Defender Service spokeswoman, give weight to legislation filed in both the House and Senate that would create uniform discovery procedures and require both prosecutors and defense lawyers to share more information in criminal trials.

“We hope that lawmakers get an understanding of the status quo and understand the problems that exist under our current, outdated discovery statute,” Bernhardt said.

Rob Kepple, executive director of the Texas District and County Attorneys Association and a former prosecutor, said he agreed with the conclusions of the report.

“A good open file discovery system could help prevent some problems,” Kepple said. “I think it’s a pretty good report.” 

Efforts to reform discovery laws in Texas are not new but have picked up steam since the 2011 exoneration of Michael Morton. He spent nearly 25 years in prison for his wife’s murder before DNA evidence revealed that he was innocent and led to the arrest of another man who is awaiting trial for the crime.

Jordan Smith writes about a separate proposal, "Holding Prosecutors Accountable," at the Austin Chronicle.

In an effort to combat the growing number of wrongful convictions in Texas, state Sen. John Whitmire, D-Houston, on Tuesday filed a bill that would expand the statute of limitations for filing with the State Bar grievances alleging prosecutorial misconduct.

Senate Bill 825 would start once a person is released from prison on a wrongful conviction the four-year statute of limitations for pursuing a complaint of prosecutorial misconduct with the State Bar of Texas. The current statute begins the clock at the time the violation occurs.

The proposed change in the law was prompted by the plight of Michael Morton who was convicted and sentenced to life in prison for the 1986 murder of his wife Christine. Morton was finally released from prison in 2011 after evidence testing revealed the DNA of another man, Mark Alan Norwood, was mingled with Christine's blood on a discarded blue bandana found after the murder behind the Morton's home.

Related posts are in the Michael Morton and Texas Legislature category indexes.  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.

Ken Anderson Court of Inquiry Concludes

"Anderson inquiry played to 2 audiences," is Chuck Lindell's report for the Austin American-Statesman.

Theatrics peppered with scornful bickering punctuated former prosecutor Ken Anderson’s court of inquiry last week as each side played to two audiences — the judge who will decide Anderson’s fate, and the public that has watched the Michael Morton saga unfold for the past 18 months.

Attorney pro tem Rusty Hardin set the tone early, much to the annoyance of Anderson and his legal team, by announcing that, before the court convened, he had provided the former district attorney with a copy of everything he planned to introduce as evidence.

And:

Sturns won’t rule on the case until at least April. If he finds reason to believe that Anderson violated state law in his prosecution of Morton, he is required to issue an arrest warrant, the first step toward a potential trial on criminal charges.

"Ken Anderson's Testimony Caps Dramatic Inquiry" is Brandi Grissom's Texas Tribune report.

Friday’s dramatic and at times awkward testimony marked the crescendo of a week of emotional testimony in a case that has gripped national headlines since August 2011, when DNA showed Morton was innocent.

The case has become an example among those who advocate for criminal justice reform of why prosecutors ought to be held accountable for mistakes that cost innocent people years in prison. A finding by the court of inquiry that Anderson committed criminal violations could result in the arrest of the former Williamson County district attorney.

And:

Morton said his impression was that Anderson accepted no responsibility for the injustice he suffered.

"I was hoping for more," he said. "I think we saw someone who is still struggling with denial and anger."

Earlier coverage of the Anderson Court of Inquiry begins at the link.

February 8th coverage includes, "An emotional Anderson has his day in court," in the Statesman; "Drama Erupts as Anderson Court of Inquiry Nears Its End," in the Tribune.

February 7th coverage was, "Anderson court of inquiry hearing peppered with testy exchanges," in the Statesman; "Morton Calls Anderson's Inquiry 'Road to Accountability'," in the Tribune.

February 6th coverage was, "Colleague: Ex-DA worked to keep notes from defense," in the Statesman; "Anderson Inquiry Continues With Former Asst Prosecutor," in the Tribune.

Court of Inquiry in Second Day

The Austin American-Statesman reports, "Lawyers spar over documents in Anderson inquiry," by Chuck Lindell.

Riveting testimony by Michael Morton, and sharply worded battles over evidence, punctuated Monday’s opening of a court of inquiry that is examining whether former prosecutor Ken Anderson improperly hid evidence that could have helped Morton defend himself against a murder charge in 1987.

One of the most intense exchanges was sparked when Rusty Hardin, acting in a role similar to prosecutor, moved late Monday to introduce three documents that were newly discovered in files kept by Anderson when he was Williamson County’s district attorney.

Hardin said the documents, when combined with other records that he had presented earlier, showed a “pattern and practice” of withholding favorable information from defense lawyers, contradicting Anderson’s claims that he always disclosed such evidence as required by law.

“The file is replete with stuff they should have let the defense attorneys have,” Hardin said. “This is three more things in the DA’s files that should have been tendered to the defense. The fox doesn’t get to guard the henhouse.”

"Inquiry Day Two Begins With Judge Questioning," is the Texas Tribune coverage by Brandi Grissom.

On the first day of Williamson County state district Judge Ken Anderson's court of inquiry Monday, Michael Morton spent more than five hours on the witness stand, getting emotional at times as he hashed over the mistakes that led to his wrongful murder conviction and almost 25 years in prison.

“Going through all of that again was difficult, but necessary," Morton said before leaving the court. "I’m glad the process has finally started.”

Anderson, the former prosecutor who secured Morton’s conviction, is the subject of a rare court of inquiry that could lead to criminal charges. Morton and his lawyers allege that Anderson withheld critical information during the 1987 trial that sent him to prison for life for his wife’s murder. Anderson and his lawyers say that the prosecutor committed no wrongdoing in the case, that the judge in the case was ordered to only disclose a limited amount of information and that the statute of limitations on any alleged violations has expired.

Some of the most emotional testimony came early in the day when Hardin asked Morton about the nearly 25 years he spent in prison.

Earlier coverage of the Court of Inquiry begins at the link.

Court of Inquiry Convenes

Brandi Grissom is liveblogging the Court of Inquiry examining Judge Ken Anderson's actions when he was the Williamson County District Attorney and his prosecution of Michael Morton.  She also has an introduction to the liveblog at the Texas Tribune.

A rare court of inquiry begins today in Williamson County and will examine the role of former prosecutor Ken Anderson in the wrongful murder conviction of Michael Morton. Anderson, now a state district judge, faces potential criminal charges for contempt of court and tampering with official documents. Lawyers for Morton, who was released from prison in 2011 after spending nearly 25 years incarcerated for his wife's murder, argue that during the 1987 trial Anderson deliberately withheld evidence in violation of a judge's order.

Rusty Hardin, a former Harris County prosecutor turned high-profile defense lawyer, will act as special prosecutor in the case. He will present evidence to Judge Louis Sturns, who will oversee the unusual court process and eventually decide whether Anderson should face charges. Lawyers for Anderson will also present evidence, which they argue in legal documents will prove that their client did not violate the judge's order. They also contend that the statute of limitations has expired on any alleged violations. 

Anderson has apologized for the criminal justice system's errors in the Morton case, but has maintained that he committed no wrongdoing.

"Morton’s Murder Conviction Comes to Define Anderson," is Grissom's preview published in the Texas Tribune and the Texas edition of the New York Times.

Growing up in the 1960s, Ken Anderson admired the great trial lawyers in movies: Gregory Peck in “To Kill a Mockingbird” and Spencer Tracy in “Inherit the Wind.” The good guys who broke down lying thugs on the stand.

“In reality, I don’t see much brilliance in the courtroom,” Mr. Anderson wrote in his 1997 book, “Crime in Texas: Your Complete Guide to the Criminal Justice System.” “Trials are won and the truth is exposed because of detailed, painstaking preparation done before the first witness is sworn in.”

In 1985, at age 33, Mr. Anderson became the Williamson County district attorney. He held that job until Gov. Rick Perry appointed him a district judge in 2001. Mr. Anderson prosecuted hundreds of criminals, earning a reputation for persuading juries to assess harsh penalties.

One of those cases has come to define Mr. Anderson over the last year and a half as the antithesis of the truth seekers he admired. He will sit at the defense table Monday, facing a rare court of inquiry that will determine whether Mr. Anderson, now 60, should face criminal charges for his role in the wrongful murder conviction of Michael Morton. Mr. Morton, a grocery store manager, served nearly a quarter-century in prison for murdering his wife. DNA testing led to Mr. Morton’s exoneration in 2011.

Mr. Morton’s lawyers say that Mr. Anderson withheld evidence that not only pointed to their client’s innocence but allowed a murderer to remain free.

Today's Los Angeles Times reports, "Texas judge faces 'court of inquiry' into wrongful conviction." It's by Molly Hennessy-Fiske.

A Texas judge who prosecuted a man wrongfully convicted of murder and freed after serving 25 years in prison faces an unprecedented court hearing Monday on whether he should be prosecuted for mishandling the case.

Williamson County District Judge Ken Anderson faces a “court of inquiry” to address allegations that he lied and concealed evidence — in violation of the law and a judge’s order — that could have cleared Michael Morton, who was convicted in the 1986 beating death of his wife, Christine, at their Williamson County home.

Morton was exonerated and released almost a year and a half ago, after DNA tests confirmed his innocence and another man, Mark Alan Norwood, was charged in connection with the killing.

Morton is testifying Monday, his attorney told The Times.

Anderson has denied wrongdoing. His attorney, Eric Nichols, a former prosecutor with the Texas Attorney General's Office, declined to comment to The Times ahead of the hearing.

A “court of inquiry,” part of Texas law since 1965, has usually been used to examine allegations against elected officials, never to address suspected misconduct by a prosecutor. Some hope this week’s hearings lead to a greater examination of alleged prosecutorial misconduct that has led to wrongful convictions not just in Texas, but nationwide.

“There is no doubt that the eyes of Texas are going to be on this proceeding,” said Kathryn Kase, executive directror of Texas Defender Service, a nonprofit that trains and assists lawyers who represent death row inmates. “Bad forensic science is not the only reason people get wrongfully imprisoned, and we have to be dedicated to trying to stop that.”

The Austin American-Statesman is also posting live updates, "Anderson court of inquiry set to begin," by Chuck Lindell, who has been covering the Morton case since 2008.

Michael Morton, who will testify today, is in the audience with his fiancee, Cynthia Chessman. They’ve been together for a year and will be married next month. Morton is sitting with most of his lawyers, including John Raley, Gerry Goldstein and Barry Scheck, the co-founder of the Innocence Project.

The family of Debra Masters Baker is in attendance as well. Baker was beaten to death while lying in bed in her Austin home in 1988, two years after Christine Morton was killed in a similar manner in the Williamson County home she shared with Michael Morton and their 3-year-old son Eric.

State Sen. Rodney Ellis, D-Houston, is here as well, but the anticipated crowds have not arrived, though the relatively small courtroom in Georgetown is slowly filling up.

Lindell's preview of the Court of Inquiry is, "Morton prosecutor faces court of inquiry this week."

Exactly 16 months after Michael Morton was freed from prison, an unprecedented hearing will begin Monday in Georgetown to determine if his prosecutor, former Williamson County District Attorney Ken Anderson, should himself be prosecuted and possibly jailed.

Anderson faces a court of inquiry, a rare and uniquely Texas procedure that will examine allegations that he lied and conspired to conceal evidence — in violation of the law and a judge’s order — that could have spared Morton from serving 25 years in prison in the beating death of his wife.

In the time since DNA tests confirmed his innocence, Morton — who is expected to testify Monday — has worked to rebuild his life, particularly his relationship with son Eric, who was 3 when he was arrested, and a granddaughter born shortly after his release.

Anderson’s fortunes, meanwhile, have fallen.

Earlier coverage of the Anderson Court of Inquiry and Michael Morton's exoneration begins at the link.

Court of Inquiry in Michael Morton Case Delayed

That's the title of Brandi Grissom's Texas Tribune post on the latest developments in the Michael Morton exoneration.

The court of inquiry that will determine whether the former prosecutor who oversaw the wrongful conviction of Michael Morton could face criminal charges will be delayed until Feb. 4, a prosecutor with the Texas attorney general’s office said Monday.

News of the delay in the inquiry involving now-Williamson County State District Judge Ken Anderson — previously scheduled for Dec. 10 — came during a hearing in the case of Mark Norwood. Norwood is charged with murdering Michael Morton’s wife, Christine, at their North Austin home in 1986, a crime for which Morton spent nearly 25 years in prison. Lawyers for Norwood are seeking to delay his trial, which is scheduled for Jan. 7 in San Angelo.

Anderson is accused of deliberately hiding evidence during Morton’s 1987 trial that indicated Morton was innocent and that another person may have killed his wife. Anderson has strenuously denied allegations of wrongdoing in the Morton case.

At Monday’s hearing, Russell Hunt Jr., Norwood’s lawyer, told Williamson County State District Judge Burt Carnes that he needed additional time to hire a DNA expert to review the state expert’s work.

Earlier coverage of Michael Morton's exoneration begins at the link.

A Texas Prosecutor Faces Justice

That's the title of Joe Nocera's OpEd column in today's New York Times.

In just about a month from now, Texas will witness a rare event: a former prosecutor is going to be held to account for alleged prosecutorial misconduct.

He is Ken Anderson, who for nearly 17 years was the district attorney in Williamson County, a fast-growing suburb of Austin. (In 2002, Gov. Rick Perry made him a district judge.) As Pamela Colloff writes, in a brilliant two-part series in Texas Monthly, Anderson was the kind of prosecutor who “routinely asked for, and won, harsh sentences and fought to keep offenders in prison long after they became eligible for parole.”

One of Anderson’s most high-profile prosecutions was of a man named Michael Morton. In 1987, Anderson prosecuted him for a heinous crime: His wife, Christine, was bludgeoned to death. Morton was then in his early 30s, with a 3-year-old son and a job at Safeway. He had never been in trouble. Yet the Williamson County sheriff, Jim Boutwell, from whom Anderson took his cues, was convinced that Morton had committed the crime.

Evidence that could be used against him — such as a plaintive note Morton wrote to his wife after she fell asleep when he was hoping to have sex — was highlighted. Evidence that suggested his innocence — most importantly, a blood-stained bandana discovered near Morton’s house — was ignored. Worst of all, Anderson’s office hid from the defense some crucial evidence that would undoubtedly have caused the jury to find Morton not guilty. By the time Morton was sentenced — to life — only his parents and a single co-worker believed he was innocent.

But he was. 

And:

What makes the Morton case unusual is that, thanks to the Innocence Project’s re-investigation, Ken Anderson will soon go before a Texas Court of Inquiry. If the court believes that Anderson’s alleged misconduct rises to the level of a crime, it could refer the matter to a grand jury. But the Court of Inquiry exists only in Texas, and is almost never used even there.

In truth, Anderson isn’t the only Williamson County prosecutor who faced consequences as a result of the Morton case. His successor, John Bradley, was the one who had fought for years against the DNA testing of the bandana. Seven months after Morton was set free, Bradley, who had always been a shoo-in for re-election as district attorney, was resoundingly defeated.

Pamela Colloff's, "The Innocent Man, Part 1," and "The Innocent Man, Part 2," are available at Texas Monthly.

Earlier coverage of Michael Morton's exoneration and the Court of Inquiry begins at the link.

Colloff also wrote a Texas Monthly article, "Innocence Lost," that called critical attention to Anthony Graves' case before his capital exoneration.  After his exoneration she wrote, "Innocence Found."

An Update on the Michael Morton Exoneration

The Texas Tribune posts, "Son Seeks Answers in Father's Wrongful Conviction," by Brandi Grissom.  It's part of the Trib's Errors in Judgment series.

It had been 14 years since their last meeting. Father and son sat uncomfortably last fall in the well-appointed home of the Houston lawyer who helped free Eric Olson’s father from prison.

The only clothes Eric remembered seeing his dad wear before were prison whites. Now, he noticed, his dad was dressed just like him: blue jeans, a button-down shirt, even similar shoes.

How should he feel about meeting the man who he had believed savagely killed his mother and felt no remorse? At age 28, with his pregnant wife at his side, Eric saw his father Michael Morton  as an innocent man for the first time. Was this really happening, he wondered. It felt like a movie.

“I don’t know if I should feel tears of joy or laughter. I remember mostly being kind of numb the whole night, mostly sitting there, listening, just waiting for ... I don’t know. Waiting for everything to make sense again,” Eric recalled. “Only months before that, we were still supposed to hate him.”

Coverage of the earlier two reports in the Trib series, "Errors in Judgement," is at the links; earlier coverage of Michael Morton's exoneration and the National Registry of Exonerations, also available.

Michael Morton's Conversation With Chuck Lindell

Austin American-Statesman journalist Chuck Lindell broke the story of new developments in Michael Morton's case that led to his exoneration.  He's still covering the story, and the Statesman has published a two-day series, "Free to Speak;" a wide-ranging conversation between Morton and Lindell.  There is video at the links below.  It's a must-read.

"Morton can look back on pain and prison, but lives in peace," is the first part of the interview

Morton's arrival in prison immediately drove home the seriousness of his new situation.

Standing in a line of inmates wearing only prison-issued boxer shorts, Morton said he counted 13 stab wounds on the back of the man in front of him. Suddenly, the advice imparted from a longtime inmate at the county jail made perfect sense: "Keep your mouth shut and your eyes open."

Morton had to learn to stand up for himself. There were confrontations, but nothing worth discussing today, he said.

"It had its rougher moments. But most of prison is boring and monotonous and stupid and disrespectful," he said. "That's not me being some kind of elitist. Everyone inside complains about it."

Knowing he was innocent added "a little bit of emotional baggage," Morton said. "But I was no different than a guy who was completely guilty, because prison is prison. ... You go through the same stuff, deal with the same people.

"I'm not saying I didn't feel crushed. In the early days when I was new, I admit there were some nights," he said, his voice trailing off. "I heard some guys weeping, almost howling like dogs. I never had that. I wasn't that uncontrollably devastated. But there were nights when I silently wept.

"When everything has been taken away, or what you think is everything at that point, it can feel awfully brutal."

"Morton describes painful fight for freedom, how he started anew," is the conclusion.

Williamson County District Attorney John Bradley, at the time convinced of Morton's guilt, opposed his bid for DNA tests on evidence that had been preserved, including a bloody bandanna discovered behind the Mortons' house.

It would take an appeals court order in 2010 to move the testing forward.

And:

Morton became eligible for parole in 2007, 20 years after entering prison, and again in 2010. Both times Bradley opposed his release, and both times Morton was denied.

In prison, Morton said, everybody knows that the key to parole is to admit your guilt and show remorse.

A 2009 letter from Bradley to the Parole Board drove the point home. "Ask Michael Morton if he has accepted responsibility for the murder of his wife by mercilessly beating her to death. If he tells you that he now acknowledges he committed that crime, please notify me and I will reconsider my opposition to his parole," Bradley wrote.

But Morton said making up a confession was never an option. Almost everything of value had been taken away from him. All that remained, he said, was his innocence.

"I was not going to lie to get out," he said.

Earlier coverage of Michael Morton's exoneration and what has followed begins with this post.

Study: Prosecutors Not Disciplined for Misconduct

That's the title of Brandi Grissom's Texas Tribune post on a forum on prosecutorial misconduct held yesterday tat UT Law.

In 91 criminal cases in Texas since 2004, the courts decided that prosecutors committed misconduct, ranging from hiding evidence to making improper arguments to the jury, according to data that the Innocence Project will release today.

None of those prosecutors has ever been disciplined.

“It paints a bleak picture about what’s going on with accountability and prosecutors,” said Cookie Ridolfi, founder of the Northern California Innocence Project, who researched misconduct data in Texas and other states.

At a symposium today at the University of Texas at Austin, exonerees Michael Morton of Texas and John Thompson of Louisiana, along with lawyers and legal scholars, will discuss the need for increased accountability for prosecutors nationally and in Texas. The symposium is part of a national accountability campaign by the New York-based Innocence Project.

And:

“There’s no disincentive for a prosecutor to do it unless he or she has an internal moral code themselves,” Ridolfi said. In a study of California cases, her organization reported that from 1997 to 2009, courts found 707 instances of prosecutorial misconduct. There were just six instances in which prosecutors were disciplined.

As more inmates are being freed based on DNA evidence, Ridolfi said, more cases of misconduct are being identified. Although it is often the same prosecutors who repeatedly engage in misconduct, she said, the problem reflects poorly on the entire justice system.

“It’s basically bringing down the integrity of all the district attorneys’ offices,” she said.

In Texas, Ridolfi said, she found only one instance in which a prosecutor was publicly disciplined, and it took place before the time period her group studied. Terry McEachern, who prosecuted the infamous Tulia drug cases in which black defendants were convicted of drug charges concocted by a rogue investigator, received a two-year probated suspension of his law license in 2005 and a $6,225 fine.

"New Research Illustrates Lack of Accountability for Prosecutors in Texas," is the news release issued by the Innocence Project and Prosecutorial Oversight.  Here's the beginning:

New research released today by the Prosecutorial Oversight coalition illustrates the lack of accountability and transparency for prosecutorial misconduct in Texas. The research will be addressed at a symposium today at the University of Texas School of Law that will include panelists with backgrounds from all aspects of the criminal justice system addressing systemic and legal approaches for reducing prosecutorial error and misconduct.

The Austin event marks the second stop on a national tour organized by the Prosecutorial Oversight coalition, which includes the death row exoneree John Thompson, who was stripped of $14 million in civil damages for prosecutorial misconduct by the U.S. Supreme Court in Connick v. Texas; the Innocence Project; the Veritas Initiative, Northern California Innocence Project’s prosecutorial accountability program; the Innocence Project of New Orleans; Voices of Innocence; and local partners, the Texas Center for Actual Innocence; and the Actual Innocence Clinic at the University of Texas School of Law.

“No one is disputing that prosecutors have tremendous responsibility, and the vast majority do a good job under difficult circumstances.  But now that the Supreme Court has given prosecutors almost complete immunity for their actions, we need to develop systems of accountability for dealing with those prosecutors who violate their ethical obligations,” said Jennifer Laurin, Assistant Professor, University of Texas School of Law.

The research released today was conducted by the Veritas Initiative, which issued a groundbreaking report on prosecutorial misconduct in California last year.  The group reviewed all of the published trial and appellate court decisions addressing allegations of prosecutorial misconduct between 2004-2008. To see what, if any, consequences prosecutors face for their misconduct, Veritas looked at Texas’ public attorney disciplinary records from 2004 to November 2011.

From 2004 to 2008, courts found that prosecutors committed error in 91 cases.  Of these, the courts upheld the conviction in 72 of the cases, finding that the error was “harmless.”  In 19 of the cases, the court ruled that the error was “harmful” and reversed the conviction.  From 2004 until November 2011, only one prosecutor was publicly disciplined by the Texas Bar Association, and this was from a case that arose before 2004.

There's much more at Prosecutorial Oversight.  Earlier coverage of the cases of Michael Morton and John Thompson begins at the links.  Related posts are in the prosecutorial misconduct index.

Michael Morton Talks to Brandi Grissom

"Michael Morton Talks About Ordeal, Hopes for Future," is the title of Brandi Grissom's post at the Texas Tribune.

In the months since he has been out of prison, Morton said, he has been inundated with kindness and gifts, hugs from strangers who wish him well and pleas for forgiveness from some who believed in his guilt. For him, those expressions, after decades of being treated like a villain, have been the most welcome surprise.

“Everybody, no matter what the setting, they want love and affirmation,” he said. “It’s one thing to want it, it’s another to get it.”

He has also restarted a relationship with Eric, who is married and has a daughter named Christine Marie, after his mother. The reunification has been a slow process for Eric, now 28. But Morton said he understands and respects his son’s concern for his adoptive family, who must also now learn to deal with the realization that he is innocent.

Morton said he is grateful that his sister-in-law raised Eric to be a loving, responsible and smart father, husband and son. When he met Eric at a recent family gathering, Morton said, during a few moments they had alone, his son asked about his mother. They both cried.

“There was no one I would rather spend my life with than his mother,” he said. “And that kind of got both of us.”

As he rebuilds his relationship with Eric, Morton is also working on another important objective: finding accountability for the men whose actions led to his wrongful conviction and imprisonment.

Morton was profiled on the CBS News program, "60 Minutes," on Sunday.  That's where earlier coverage begins.

60 Minutes Looks at the Michael Morton Exoneration

"Evidence of Innocence: The case of Michael Morton," is the title of CBS News "60 Minutes" examination of Michael Morton's exoneration.  It's reported by Lara Logan; produced by Andy Court and Anya Bourg.  There is video at the link.  Here's the beginning:

It's not every day that a convicted murderer clears his name and then returns to court to argue that his prosecutor should be prosecuted. But that's what happened recently in a high-profile case in Texas that raises broader questions about the power prosecutors have and what happens when they're accused of misusing it. At the center of this story is a man named Michael Morton. He was once an ordinary citizen with a wife, a child, a job, and no criminal record whatsoever. But then he was sent to prison for life.

In 1987 in a very public trial, Michael Morton was convicted of brutally murdering his wife. As he was led away to prison, he insisted he was innocent.

[Michael Morton: I did not do this.

Reporter: I'm sorry what?

Michael Morton: I did not do this.]

Hardly anyone believed him until last year when he was exonerated by DNA testing. By then, he had spent nearly 25 years of his life behind bars.

Lara Logan: What was it like for you to walk from the court a free man?

Michael Morton: It was so alien at first. It wasn't quite real. We stepped out of the courtroom and it was a beautiful sunny day. The sun felt so good on my face, on my skin. I can just feel like I was just drinking in the sunshine.

Brandi Grissom posts, "On '60 Minutes,' Exoneree Seeks Accountability," at the Texas Tribune.

Michael Morton, who spent 25 years in prison wrongfully convicted of his wife's murder, told Lara Logan of CBS's 60 Minutes that it's not revenge he's after — it's accountability.

"I don't want this to happen to anybody else. Revenge isn't the issue here," he said. "Revenge, I know, doesn't work. But accountability works."

Earlier coverage of Michael Morton's exoneration and its aftermath begins at the link.  Related posts are in the prosecutorial misconduct index.

 

Court of Inquiry Prosecutor's Responsibilities Cause Slowdown

Today's Austin American-Statesman reports, "Anderson inquiry in Williamson County slowed until June."  It's by Chuck Lindell.

The court of inquiry examining former Williamson County prosecutor Ken Anderson's role in the Michael Morton case will progress slowly for the next three months, the special prosecutor said Monday.

Rusty Hardin, appointed last week to act as special prosecutor for the court of inquiry, said another commitment will keep him from devoting much time to the Anderson-Morton case until June at the earliest.

Hardin is defending pitching star Roger Clemens against charges that he lied to Congress when he denied using steroids during his Major League Baseball career. That federal court trial begins April 16 in Washington, and prosecutors indicated that they will need six to eight weeks to present their case, Hardin said.

"I think it's safe to say we expect the main efforts to be this summer" in the Anderson inquiry, Hardin said from his office in Houston.

The court of inquiry will examine allegations, leveled by Morton and his lawyers, that Anderson intentionally hid evidence that could have spared Morton from a life sentence for the 1986 murder of his wife, Christine, in their Southwest Williamson County home.

Earlier coverage of the Morton exoneration and Court of Inquiry begins at the link.