Texas Prosecutor faces justice over man wrongly convicted and imprisoned for 25 years

This is the most incredible story of a man that was wrongly convicted by prosecutorial misconduct I have ever read. I am sure there are hundreds of similar injustices that have occurred across this country over the years but to actually hear that a former prosecutor is going to actually pay for that incredible lawlessness is unprecedented.

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.

link


I am linking to a two-part story, that is very long and will take you about an hour and a half to read. Don't miss out if you have the time. Keep the kleenex handy.

I.
On April 12, 1987, Michael Morton sat down to write a letter. 
“Your Honor,” he began, “I’m sure you remember me. I was convicted of murder, in your court, in February of this year.” He wrote each word carefully, sitting cross-legged on the top bunk in his cell at the Wynne prison unit, in Huntsville. “I have been told that you are to decide if I am ever to see my son, Eric, again. I haven’t seen him since the morning that I was convicted. I miss him terribly and I know that he has been asking about me.” Referring to the declarations of innocence he had made during his trial, he continued, “I must reiterate my innocence. I did NOT kill my wife. You cannot imagine what it is like to lose your wife the way I did, then to be falsely accused and convicted of this terrible crime. First, my wife and now possibly, my son! Sooner or later, the truth will come out. The killer will be caught and this nightmare will be over. I pray that the sheriff’s office keeps an open mind. It is no sin to admit a mistake. No one is perfect in the performance of their job. I don’t know what else to say except I swear to God that I did NOT kill my wife. Please don’t take my son from me too.”

The Innocent Man Part I
The Innocent Man Part II

reply to post by GrantedBail


How horrible for that man to suffer like he has.

It must be karma for this prosecutor to have to finally face his past deeds....some unjust evidently.

Not finished reading the story yet, but like you said, I'm sure there are many in our prison system wrongly convicted.

Thank goodness for the Innocence Project.

reply to post by GrantedBail

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.

And that's the kicker right there. Proving that the prosecutor was criminal in his actions will be extremely hard to do because of the way the justice system works. Evidence is withheld all the time, on both sides of the fence, for sake of keeping the scales of justice "balanced". People who prosecute and people who defend are always going to try and keep the other from fully doing their job simply for the sake of winning their case. But since that technically isn't a crime.............

That, and there are always those who are upwardly mobile who want that coveted DA position. A position that's very hard to acquire if you don't have a lot of prosecutions under your belt. And once people do move in into higher positions, the harder it is to prove they did anything wrong to get to that position because the higher up you are on the ladder, the more believability you have. That's just the way it works. Hopefully though this Board of Inquiry will see the facts for what they are and come to the right conclusion. Whatever that may be.

I hope the man gets justice, he deserves it, but I really think the best he'll be able to do is get monetary compensation for all of those years behind bars that he could've spent making a living and raising his son. I'm sure he will because it has been proven he was wrongly convicted. The reason why is what's at question at this point.

Good story OP.

reply to post by GrantedBail


The prosector should receive life in prision with Hard labour. He should also be ordered to pay financially all his earnings for last twenty years to Mr Morton.

If anything proves that the concept of being innocent until proven guilty is completely bogus, it's this case. The article states they had no material evidence to prove he committed the crime, and no body obviously witnessed him committing the crime, since he didn't do it. So the whole thing was just based on hearsay, not material evidence or even witness testimony. Just bogus theories that he must have done it because his wife refused to have sex with him on his birthday. How utterly disgusting.

Btw these articles are super long. I'm working my way through them but it would help if you could provide a general summary or overview of the main parts of the story OP.

reply to post by ChaoticOrder


It is a really long sad story about many destroyed lives over the malfeasance of a sheriff, a da's office, a coroner. The basically fabricated a case, ignored exculpatory evidence; not only ignored it but hid it from the defense and the judge. It wasn't until 17 years later when the Innocence Project finally had the time to take the case but still had to fight for years to have access to and be able to dna test evidence that was hidden. So it took another 8 years of fighting to finally get the man freed. The best part is that it looks like the original prosecutor who is now a judge will at the very least be disciplined and could be disbarred. It is a nightmare what this man went through. My little paragraph here does not do the story justice.

Ended up reading the whole thing and I only intended to skim over it.

I particularly like the argument the lawyers came up with when the prosecutor tried to simply shake his hand at the possibility of criminal charges.

Michael’s lawyers, however, argue that the four-year window during which a prosecutor can be charged for violations such as suppression of evidence has not yet closed because Anderson committed an ongoing act of “fraudulent concealment” that did not end until August 2011, when Judge Lott’s file was unsealed.

Damn right statute of limitations doesn't apply (or should it) seeing as every minute Morton was behind bars was essentially no different than kidnapping.

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On another note, the sister in law, the son and some of the friends/family reactions just show how much people want someone to blame, and how much they enjoy being lied to. People don't want truth, they want a boogieman to direct their anger at.

The wife's family is disgraceful.

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The actions of the Police as well is unbelievable (Along with the prosecutors). And the daughter of the second woman who was killed should be looking into why/how many from the police office were involved) in her mother's death not being properly investigated. Something that could have been prevented...

reply to post by GrantedBail

The best part is that it looks like the original prosecutor who is now a judge will at the very least be disciplined and could be disbarred. It is a nightmare what this man went through. My little paragraph here does not do the story justice.

Since he committed a crime in his actions, and being that he loved his hardline approach on criminals, he should ask to hand one last sentence as a judge, and that would be a 25 year imprisonment for himself. Just to show everyone he really is a stand up guy.

reply to post by Taupin Desciple

I hope the man gets justice, he deserves it, but I really think the best he'll be able to do is get monetary compensation for all of those years behind bars that he could've spent making a living and raising his son. I'm sure he will because it has been proven he was wrongly convicted. The reason why is what's at question at this point.

He was already awarded 2 million.

In my opinion, given the damage psychologically, physically, and the turmoil it caused for his relationships outside the prison sentence, it's not nearly enough in this case.

I don't have time to read a short novel here. I'm very interested but could someone please summarize what the prosecutor did? Why was the wife's family such _ _ _ _heads?
If you can I'd be grateful.
Thanks.

wow just finished reading that. What a story.

Thanks for the find.

reply to post by Asktheanimals


Because of the conduct of the Sheriff. He had everyone convinced. He even turned around the woman that lived next door, who was the wife's best friend and also found the body, who was convinced that Michael could have never killed Christine. In the end there were only 3 people that believed him, his parents and a co-worker who saw him that morning she was killed.

Personally, I think the man should be sentenced with the sum total of years of all those wrongfully convicted! Were that to happen, it would be good moral guide for other attorneys.

Sorry nothing will happen to the prosecutor. A couple of years ago two prosecutors confessed to intentionally doing the same thing. It went up to the SCOTUS where more then half the states had filed briefs as friends of the court to defend the prosecutors. They payed the man who had been put in prison millions and he finally dropped the suit. The reason it had to go to SCOTUS was that a prosecutor legally can not be held liable for anything he does as a prosecutor. He has immunity. The reason for that is IF a prosecutor can be held legally responsible then EVERY case he has prosecuted can be reopened costing millions. That is for each and every prosecutor. That was what the states were trying to prevent. I hope I am wrong but I doubt it.

Originally posted by AthlonSavage
reply to post by GrantedBail

 

The prosector should receive life in prision with Hard labour. He should also be ordered to pay financially all his earnings for last twenty years to Mr Morton.

He should also be forced to wear shortskirt without pockets and watch Shawshank's Redemption 24/7.

Great find my friend S&F'ed
I think the journalist did a fantastic job telling the story was a great read.

a reply to: GrantedBail

I just found the documentary and watched it on Netflix. It is a must watch.

Link to Documentary

originally posted by: GrantedBail
a reply to: GrantedBail

I just found the documentary and watched it on Netflix. It is a must watch.

Link to Documentary

name of documentary is an unreal dream...

a reply to: rwguessjr

Thank you. I should have stated that. Have you seen it???