The Eyes of Texas and the Whole World are Watching
Convicted on Circumstantial Evidence Alone
By Scott Rohter, May 2012 Judge Ken Anderson
“It shall be the primary duty of all prosecuting attorneys …not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.”
-From the Texas State Code of Criminal Procedure
Dateline: April 22, 2012 Austin, Texas
Twenty five years ago, Judge Ken Anderson of Williamson County Texas, then District Attorney Ken Anderson was the lead prosecutor in the case of the People of the State of Texas v. Michael Morton , for the murder of his wife Christine Morton. She was raped and bludgeoned to death that morning on her bed. The couple’s three year old son Eric was an eyewitness to the brutal murder of his mother and he told the true story of how it happened to his grandmother. He said that a “monster” had broken into their suburban home and beaten and killed mommy after daddy had left for work that morning. His eyewitness account of the tragic events of that day was discounted, and it was never heard by a jury, even though it corroborated his father’s story. The man responsible for suppressing this evidence is now a Texas State Judge, but then he was the District Attorney for Williamson County and the lead prosecutor in the case. His name is Ken Anderson.
There were finger prints of an unknown person on the rear sliding glass door that were suppressed. There were two separate eye-witness accounts of an unknown green van that had been seen by neighbors driving back and forth on the street, and parked out in front of the Morton home around the time of the murder. This evidence was also suppressed by the prosecutor and it was not disclosed to Morton’s defense team, nor was it ever heard by the jury.
Another piece of exculpatory evidence that was not permitted at trial and withheld from the defense team by Ken Anderson was that Christine Morton’s purse had been stolen and her credit card had been used after her death. A check had also been written to herself from her checking account by someone other than her, who had forged her signature (a very telling piece of evidence) nine days after her murder. Only someone who had no right to the funds in her checking account, and who also wanted to remain anonymous would have written a check out to the deceased person and then tried to forge her signature.
Ken Anderson knew of these facts, or at least he should have known them because the Williamson County Sheriff knew about them, but he withheld all of this evidence from the defense attorneys, and none of it was ever brought out at the trial.
In suppressing this exculpatory evidence, the prosecutor in the case Ken Anderson who is now a Texas District Court Judge, violated his oath of office and he violated the law. He also violated a direct order from Presiding Judge William Lott at the time of the trial to turn over all the available evidence that might vindicate the defendant Michael Morton to his defense attorneys.
Finally and most importantly, a bloody bandana was found out in back of the house after the murder, but that evidence was not permitted to be tested nor admitted into evidence at the time of the trial. The bloody bandana contained all of the evidence that was necessary to solve the case 25 years later and to set an innocent man free after spending half his life in jail. Read on…
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