More on the Texas Judge facing inquiry regarding prosecutor misconduct in a murder case

Rare court of inquiry is convened over judge’s work as a prosecutor in 1987 murder case

Posted Feb 5, 2013 1:05 PM CST
By Martha Neil

A Texas judge is facing a rare court of inquiry concerning his long-ago work, as a state prosecutor, in a murder case.

If the judge overseeing the inquiry determines that district judge Ken Anderson of Williamson County acted improperly while serving as district attorney for the county, he could potentially refer the ex-prosecutor for a possible criminal prosecution for withholding evidence, the Associated Press explains.

A court of inquiry operates much like a grand jury proceeding, except that the person whose conduct is at issue may participate and present evidence. The focus in the proceeding against Anderson is the wrongful 1987 murder conviction of Michael Morton.

Morton, now 58, served almost 25 years in prison before he was exonerated in the murder of his wife. He testified Monday that he and his legal team did not know the couple’s son, then 3 years old, had witnessed the murder and said it wasn’t his father who committed the crime. His lawyers have claimed Anderson intentionally withheld the evidence.

Anderson, who has apologized to Morton, denies any wrongdoing. A lawyer for Anderson, Eric Nichols, suggested that recollections may have changed over more than 25 years and that defense lawyers for Morton may have opted to focus on other exculpatory evidence rather than a 3-year-old’s potential testimony, the AP reports.

Tearfully, Morton told District Judge Louis Sturns of Fort Worth, who is presiding over the court of inquiry, that he is not seeking revenge against Anderson but accountability for his wrongful conviction and the time he served until DNA evidence cleared him and implicated another suspect. Morton was released in 2011.

“I ask that you do what needs to be done. But at the same time to be gentle with Judge Anderson,” Morton said to Sturns.

The Nation Now page of the Los Angeles Times and the Wall Street Journal (sub. req.) also have stories.

Additional and related coverage:

ABAJournal.com: “Rusty Hardin Is Special Prosecutor in Court of Inquiry Probing DA’s Role in Morton Murder Conviction”

ABAJournal.com: “Texas Bar Files Disciplinary Case Against Ex-DA, Who Is Now a Judge, re Murder Prosecution”

Rare court of inquiry is convened over judge’s work as a prosecutor in 1987 murder case

About Aaron Law Firm

Aaron Law Firm handles criminal cases in city, state and federal courts in the state of Alabama. If you are accused of a crime it has to be taken seriously, even accusation of a crime can have serious effect on many different areas of your life. If it is a DUI or something more serious it has to be taken as a threat to your freedom. After you have been accused of a crime, you should always consult a lawyer before talking to the authorities . Seek immediate legal counsel and make sure your rights are protected.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: