Home > Austin Legal > Archives > 2012 > January > 24 > Entry
February hearing set in Morton case
District Judge Sid Harle has scheduled a Feb. 10 hearing on Michael Morton’s request for a special court to review allegations that former Williamson County district attorney Ken Anderson hid evidence to ensure Morton’s guilty verdict for murder.
Morton was declared innocent of the crime last fall, and freed after serving almost 25 years in prison,after DNA tests pointed to another man for the 1987 murder of his wife, Christine, in their Williamson County home.
Mark Norwood, a dishwasher in Bastrop, has been charged with capital murder in Christine Morton’s death. Norwood, through his lawyer, has denied the charge.
Saying recently discovered evidence indicates that Anderson intentionally hid information that could have spared Morton from prison, Morton’s lawyers have asked Harle to seek a court of inquiry to examine the allegations.
Courts of inquiry, often used to examine allegations of official misconduct, are led by an appointed district judge who can subpoena and question witnesses to determine if state laws were broken.
Anderson has denied wrongdoing in the Morton case and has opposed the creation of a court of inquiry.
Mark Dietz, Anderson’s lawyer, said today that he did not believe Harle had the authority to hold a hearing in the case. “You need a cause number in existence to hold a hearing, but that case and that cause number were extinguished by the order dismissing the charges,” he said.
In addition, the Texas Supreme Court order appointing Harle “made it clear it was only for the (Morton) case,” Dietz said. Harle replaced District Judge Billy Ray Stubblefield of Georgetown in August after Stubblefield recused himself from the Morton case without explanation.
Anderson may challenge Harle’s authority to continue the case before or during the hearing, Dietz said. “We are still pondering.”
Harle signed the order dismissing all charges against Morton on Dec. 19.
Nina Morrison, one of Morton’s lawyers, said Harle’s authority to act does not depend on the continuation of Morton’s case.
“The court of inquiry statute gives every single district judge in the state the authority to (act), if the court finds probable cause to believe that one or more state laws have been violated,” said Morrison, senior staff attorney for the Innocence Project of New York.
If Harle agrees to seek a court if inquiry, his request would be reviewed by the Texas Supreme Court, Morrison said. If the court agrees, it would name a district judge - state law exempts Harle from the appointment - to lead the special court.
Morton’s request for a court of inquiry.
Anderson’s reply.
Morton’s answer to Anderson’s reply.
Permalink | Comments (18) | Post your comment Categories: Michael Morton case






Comments
When commenting, we ask that you keep things civil and abide by our Visitor Agreement. To report comment abuse, click here.
By El Viajero
January 25, 2012 8:07 PM | Link to this
Keep reading, Karen, maybe you’ll become enlightened too.
By Karen
January 25, 2012 6:25 PM | Link to this
@El Viajero I guess you’ll just have to accept the fact that you live in a world where everyone in power is evil and against anything good. I’ve read your other comments on other blog entries. Must be rough. Sorry we all can’t be as enlightened as you are.
@Niamh In two sentences, I can count a few grammatical and punctuation errors that you have committed. I guess that nullifies your point as well. It’s a comment board, not a PhD thesis.
By Niamh
January 25, 2012 5:49 PM | Link to this
Karen: Spelling and punctuation has been appalling throughout this, surely these are one of the first elements of journalism you should learn. You can do all the investigative work you want, but if you can’t portray it in a professional manner it won’t carry much weight.
By El Viajero
January 25, 2012 5:13 PM | Link to this
Karen - it sure is a shame that you choose to direct your passion toward protecting the likes of Anderson and Davis from the “shame in the court of public opinion”, instead of toward exonerating the wrongly accused and convicted. We Texans have suffered for a long time under an injust system, wracked with prosecutorial and judicial misconduct. When individuals are wrongly convicted and imprisoned or executed, because of the misconduct, or failings of the system, I have a hard time being sympathetic to the feelings of prosecutors and judges that have caused that suffering.
You are right about one thing, nothing will come of this effort. Our crony legislature won’t enact laws to punish misconduct, and the cronies on the state bar will never admonish their own. Judge Anderson will go on to collect his pension, funded by the taxpayers of Texas. The system is rigged in their favor. Justice is anything but equal. To “”shame” them “in the court of public opinion” is all we have for now.
By Karen
January 25, 2012 4:34 PM | Link to this
Now you’re twisting my words. I didn’t say I thought he was guilty but rather it’s wasn’t a stretch to bring him to court on charges of murder. That is what the Innocence Project to get across. That Anderson and Davis purposely sent a man to prison for their self gain or to put a feather in their hats. I honestly don’t think that these men would let a actual murder go and “frame” another. I honestly think the entire case from 1986-2012 is so messed up by bad investigating, questionable lawyers (both state and defense) and now JB and Scheck. It’s just f#@ked. And to put all of it squarely on one mans shoulders is wrong. That’s what this court of inquiry is as well, f#@ked. Nothing will come out of it. Everything levied against Anderson and Davis is already out in the open. A court wont be able to prove anything. And all it does is bring one person shame in the court of public opinion. I think my excitably and the desire to persuade others to at least question what the media has been so eager to publish leads me to write so passionately and not a blood relation or paycheck.
By El Viajero
January 25, 2012 3:36 PM | Link to this
Also, Karen, my condemnation of Anderson, Bradley, and Stubblefield is not praise for Barry Scheck. Quit trying to twist the facts.
By El Viajero
January 25, 2012 11:23 AM | Link to this
Philip Baker -
“Aside from the actions of the despicable men involved, the people of Wilco - yes, you, too, Karen-bear part of this blame, You folks had to know this sort of thing was going on. There have been too many clues and signs to miss, unless you wanted to miss them. Everybody else in the area “got it”. You traded your sense of “safety” for justice, allowing innocent men and women to go to prison to bolster widespread fear of the Wilco system. “
You are correct sir. As a Williamson county resident and voter, I am exremely disillusioned at the folks we elect. The county party machine appears to be rigged in favor of a handful of elites. I’ve seen some very good Republican candidates for several offices get beaten by the worst of candidates. most likely because they weren’t properly connected. The scariest part is, it could again happen in the case of John Bradley. If it does, I will have lost any faith in the elctorate that I may have left.
By Phillip Baker
January 25, 2012 10:31 AM | Link to this
Karen seems to have appointed herself judge and jury in this complicated matter. But isn’t that the very essence of the “justice” system in Wilco? Like you, “Karen”, I have followed these proceedings avidly, and I see evidence heavily pointing to misconduct by Anderson and Bradley. Either way, you have to wonder why these men are so against a Court of Inquiry. Wasn’t it Anderson who bemoaned not having a chance to have input into all this? That Court is that chance. My view- Officers of the court lied, deliberately withheld evidence that would have spared Morton even a trial. Why? “Tuff on crime”! Meaning convictions are any cost. After all, that’s how prosecutors attract the attention of governors for appointment to the bench. But maybe if you, “Karen”, can pull your head out of denial and take a good look at what passes for criminal justice in your county, you just might begin to see the truth- a system so broken it is surreal. But I will offer this: Aside from the actions of the despicable men involved, the people of Wilco - yes, you, too, Karen-bear part of this blame, You folks had to know this sort of thing was going on. There have been too many clues and signs to miss, unless you wanted to miss them. Everybody else in the area “got it”. You traded your sense of “safety” for justice, allowing innocent men and women to go to prison to bolster widespread fear of the Wilco system. Shame on all of you. This time the “system”, in the person of people sworn to justice, not only cost an innocent man 25 years of his life, it left a killer on the streets. He killed again in 1988- Debra Masters Baker. And there almost certainly others. Do you still feel “safe”, Karen?
By Karen
January 25, 2012 9:16 AM | Link to this
Mr or Mrs Blah Blah, is it too hard of a stretch to think that someone else doesn’t just buy into what you think? I’ve red the response to Morton’s lawyers and now feel that there is good enough explanation and actual court records and interviews from the former defendant to feel that the charges being levied against Anderson are without merit. I’m guessing you’ve made up your mind by reading the watchdog and not the facts in the case. No?
By Mancini
January 25, 2012 9:03 AM | Link to this
Maybe someone should ask John Bradley about that HUGE campaign contribution he just took from the disgraced Wilco judge Don Higginbotham. The same judge who had a sexual harassment suit filed against him and resigned from the bench.
By Blah Blah
January 25, 2012 8:57 AM | Link to this
Since “concerned” has changed “its” name to “Karen, the same ole defense of Anderson and Bradley s not unexpected. I just wonder if the roadrunner account “it” is using went down because of the rain.
By Former Willco Hostage
January 25, 2012 5:03 AM | Link to this
I am betting Karen’s last name is either Anderson or Bradley, in which case it makes sense that you think “all of this will go away” and “they will win re-election”. You were probably sitting next to Linda Berglund when she did this: http://wilcowatchdog.org/2012/01/23/linda-davis-berglund-the-heckler-behind-the-heckle.aspx
By Frank
January 24, 2012 9:40 PM | Link to this
@adamrespo If you were half the lawyer Anderson is, then you wouldn’t be entering into self serving ploys on comment boards. I wish they had kept you in jail. http://www.statesman.com/multimedia/dynamic/00167/jwj-Reposa-071_167513c.jpg
By Karen
January 24, 2012 9:24 PM | Link to this
After reading that response and once a sensible Judge takes over (there’s little reason to believe that Harle will dismiss these “charges”, see multiple hours of deposition), all of this will go away. If you people still feel that Anderson hid evidence, then you haven’t read the court records or heard the post conviction statements from Morton himself. The statesman has links to all of these things on this article. Read it before regurgitating more nonsense from the Innocence Project. I really enjoy Bohls predictions that he rights each week, so here is one of my own. Anderson will be “found” to have done nothing wrong and will sue Barry Scheck and the The Innocence Project for defamation of character and win. He and Bradly will win their re-elections (the only reason Ed Wash is endorsing Duty is because of what he allowed to be done to Anderson ie he’s pissed) and Micheal Morton will hopefully be able to live the best life he can and reestablish a relationship with his son, family and friends.
By adamreposa
January 24, 2012 8:28 PM | Link to this
Get your Ken Anderson signs: “I cost an innocent man 25 years of his life and I feel terrible…………. That’s why I refuse to resign”
email adamreposa@yahoo for your sign Today!!!!
By Former Willco Hostage
January 24, 2012 7:55 PM | Link to this
As a person who had the misfortune of growing up in Georgetown and seeing first hand how backwards and corrupt the seat of Willco is, it’s nice to see the good ‘ole boys squirming. They can dish it out, but they can’t take it, and have always assumed everyone was too stupid to notice….until now.
By El Viajero
January 24, 2012 7:19 PM | Link to this
How does it feel to be on the other side of that bench, Judge? You, not the system, are responsible for depriving an innocent man of his liberty. Your buddies John Bradley and Billy Ray Stubblefield are responsible for prolonging this miscarriage of justice because like you, they are evil men. I’m sure they were also protecting you for your unforgivable misconduct. Y’all don’t act like officers of the court. You 3 act like gangsters.
After all that’s transpired, not only do these 3 not have the decency to resign, Bradley has the gall to be currently running for re-election!
By WeakDefense
January 24, 2012 5:21 PM | Link to this
Not, “I didn’t do it,” but “Technicality!” Weak.