Attorneys seek inquiry into Anderson’s conduct
By ANDREW McLEMORE 12/19/11 5:22pm
In a rare move for any judge, Sid Harle stepped down from the bench Monday to shake Michael Morton’s hand on the floor of a Williamson County courtroom.
He handed Mr. Morton a dismissal of his 1986 murder indictment — the final step in officially exonerating an innocent man who spent 25 years in prison.
“I think you’ve probably had enough of judges looking down on you,” Judge Harle said. “As I hand this to you, I want to tell you once again that I admire you. God bless you, Merry Christmas, and happy new year.”
The room erupted in applause as Mr. Morton brought the paper to his face and kissed it, a smile splitting his face at this ultimate acknowledgment that he was innocent of killing his wife, Christine Morton.
“This is a happy day, obviously,” Mr. Morton said in a press conference after the hearing. “But let’s not forget that a crime was committed. My wife’s brains were splattered all over the bedroom. The ceiling. I lost all of my son’s youth. He’s 28 now… it’s all gone.”
Earlier today, his attorneys filed a report on the results of their two-month investigation into allegations of prosecutorial conduct by Judge Ken Anderson, who they say won Mr. Morton’s conviction by withholding key evidence.
The report filed by his attorneys details an argument for pursuing legal action against Judge Anderson, whose courtroom sits just down the hall from the one where Mr. Morton was finally, fully absolved of guilt.
After deposing Judge Anderson, his assistant prosecutor Mike Davis and the murder case’s chief investigator Don Wood, the report argues that the sitting Williamson County judge should now be prosecuted for suppressing evidence favorable to Mr. Morton’s defense.
It accuses Judge Anderson, a former district attorney, of violating state ethics codes for lawyers as well as three criminal charges, including contempt of court, tampering with evidence and tampering with government records.
“A lot of people think I want a pound of flesh,” Mr. Morton said, referencing a spiteful Shakespeare character. “Revenge is a natural instinct, but it’s not what I’m asking for here. Just accountability. For anyone to have immunity to anything requires a special set of circumstances, not just being employed by the state.”
Mr. Morton’s attorneys submitted the report to the review of Judge Harle, who will decide whether to approve an inquiry into another judge’s conduct. If Judge Harle agrees, another district judge would be appointed to lead the fact-finding court of inquiry.
Judge Anderson has apologized to Mr. Morton, but said “the system failed,” and denied any personal wrongdoing. His attorney, Eric Nichols, spoke to the media after the hearing.
“Mr. Anderson fully supports Mr. Morton’s exoneration,” Mr. Nichols said. “Mr. Anderson stands firm in his belief that the prosecution of Mr. Morton in 1986 and ’87 was done ethically, was done appropriately, and consistent with the evidence that was known to the state in 1986 and 1987.”
Many of Mr. Morton’s family members, including his parents and siblings, attended the hearing. So did the family members of Debra Baker, who was murdered in 1988 under disturbingly similar circumstances to Christine Morton.
In November, DNA evidence led police to charge 57-year-old Bastrop resident Mark Alan Norwood with killing Ms. Morton in 1986,
Mr. Norwood has also been linked by DNA evidence to Ms. Baker’s murder. Caitlin Baker said her mother’s murder could have been prevented if Judge Anderson hadn’t ignored evidence that could have led investigators to Mr. Norwood.
Mr. Morton met Caitlin Baker and her family for the first time Monday, and asked them to stand with his family in front of the cameras.
“There’s a larger picture here and there are other people involved and Debra Baker is one of them,” Mr. Morton said. “And her family’s here today and they should not and will not be forgotten.”
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