Group files grievance against Morton prosecutors

By ANDREW McLEMORE

A Texas advocacy group is filing grievances with the State Bar against Judge Ken Anderson, Round Rock attorney Mike Davis and Williamson County District Attorney John Bradley.

In a Monday statement, the Texas Coalition on Lawyer Accountability demanded that the three men be disbarred — ending their ability to practice law — for their involvement in prosecuting Michael Morton, who was wrongfully convicted of murdering his wife and spent 25 years in prison.

Judge Anderson, Mr. Davis and Mr. Bradley have engaged in unethical conduct with “tragic, horrific consequences,” the group said, accusing each of them of violating at least one of 12 ethics codes for Texas lawyers.

The possible violations include: committing a criminal act, assisting or inducing misconduct, obstructing justice, violating laws concerning professional conduct, duty to report misconduct by lawyers, false statement to a court, violating a court order, and deceit, dishonesty and misrepresentation.

In a November 16 press conference, Judge Anderson denied wrongdoing by any of the prosecutors involved in the case. Mr. Davis and Mr. Bradley have also denied misconduct.

“In my heart, I know there was no misconduct whatsoever,” Judge Anderson said.

The State Bar’s disciplinary council has already announced an investigation into possible misconduct related to the Morton case.

Though a spokeswoman would not specify who is being targeted in that investigation, a State Bar representative was present during a deposition of Judge Anderson by Mr. Morton’s attorneys, who have also accused the judge and Mr. Davis of misconduct.

But it isn’t clear if anyone has filed a grievance against those prosecutors. The coalition is filing these grievances “so that public scrutiny of the investigation will be assured, vigorous and on-going,” the group’s executive director Julie Oliver said Monday.

The group accuses Judge Anderson and Mr. Davis, who prosecuted Mr. Morton during his 1987 trial, of withholding key evidence that could have prevented his wrongful conviction. It also suggests Mr. Anderson misrepresented testimony from the medical examiner who conducted an autopsy of Mr. Morton’s wife, Christine Morton.

“All of these actions likely caused Mr. Morton’s wrongful conviction — and kept the true murderer on the street,” the coalition’s statement said.

The grievance criticizes Mr. Bradley for fighting against DNA testing of a bandanna found near the Morton crime scene 25 years ago. Ultimately, an appellate ordered the testing and the results proved Mr. Morton’s innocence.

As a result of the legal battle and a yearlong wait for the testing, Mr. Morton sat in jail for another six years. Mr. Bradley also fought against the release of other evidence, including a police interview suggesting that the Mortons’ 3-year-old son witnessed the murder and said another man was responsible.

All those possible violations warrant a review of the men’s conduct, the group said.

“These three prosecutors appear to have done more to undermine the integrity and fairness of our state’s criminal justice system — and more to shake the public’s confidence in that system — than almost any other Texas lawyers in recent history,” the group said.

county@wilcosun.com