Later On

A blog written for those whose interests more or less match mine.

Sluggish wheels of Texas justice may be starting to turn

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Joe Nocera in the NY Times:

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.

Evidence that could be used against him — such as a plaintive note Morton wrote to his wife after she fell asleep when he was hoping to have sex — was highlighted. Evidence that suggested his innocence — most importantly, a blood-stained bandana discovered near Morton’s house — was ignored. Worst of all, Anderson’s office hid from the defense some crucial evidence that would undoubtedly have caused the jury to find Morton not guilty. By the time Morton was sentenced — to life — only his parents and a single co-worker believed he was innocent.

But he was. In October 2011, after 25 years in prison, Morton was set free. Nine years earlier, the Innocence Project, which works on behalf of people who have been wrongly prosecuted, got involved in Morton’s case. After years of legal wrangling, they got hold of the hidden evidence, and a court agreed to allow DNA testing on the bloody bandana. The DNA test not only absolved Morton, but pointed to a man who had subsequently killed another woman.

Colloff’s articles are gripping and powerful, but they’re not as unusual as they ought to be. . .

Continue reading.

Because prosecutors have so much power, those who misuse that power, as Ken Johnson did, deserve the very harshest of punishments. What he did to an innocent man who had already suffered the death of his wife deserves a lengthy prison sentence with no possibility of parole.

Written by LeisureGuy

13 November 2012 at 8:26 am

Posted in Government, Law

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