Updated 10/06/2011 08:23 PM
Prosecutors in Morton case could face judicial fallout
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The fallout could be far-reaching for those responsible in the wrongful prosecution and conviction of Michael Morton.
Tuesday, DNA evidence freed the 56-year-old man after he served 24 years behind bars for the murder of his wife Christine.
Court records show that then Williamson County prosecutor Ken Anderson buried key facts against Morton in the 1987 trial. Facts only made public after a 2008 Public Records request.
Houston attorney John Raley has represented Morton since 2004.
Click here to read Morton’s Writ of Habeas Corpus, which details several examples of possible prosecutorial misconduct in his case.
"We're convinced that if that evidence had not been concealed Michael never would have been convicted," Raley said.
Evidence including an eyewitness account that said the murderer was not Morton, Christine Morton's credit card used two days after the murder in San Antonio, a check cashed nine days after the murder with a forged signature of the victim and neighborhood accounts of a man seen parked in a green van on several occasions.
"Why wasn't that evidence submitted into court as prescribed by law?” Raley said. “That's something that has to be asked to the district attorney at the time."
Steven L. Lee is a legal ethics attorney. He represents prosecutors who find themselves defending their courtroom actions. By law, prosecutors and defense attorneys have strict courtroom rules to follow.
"One of them is to refrain from prosecuting or threatening to prosecute someone when the prosecutor knows there's not evidence that would support probable cause," Lee said.
Ken Anderson is now a district judge in Williamson County. He has not returned repeated phone calls YNN made to his office.
So far, there have been no formal complaints of prosecutorial misconduct in the Morton case made to the Texas State Bar.