Ken Anderson filed:Meanwhile, in Harris County, a rogue grand jury has refused to allow Harris County prosecutors to participate in their questioning of witnesses related to alleged retaliation surrounding a whistleblower who wouldn't sign off on results from the Blood Alcohol Test (BAT) van testing. But they have called four prosecutors to testify as witnesses and asked for a special prosecutor not affiliated with the Harris Couty DA's office. This could turn on DA Pat Lykos quickly and provide Murray Newman, who has already dubbed the event "Watergate on the Bayou," enough additional fodder to last the rest of his bloggerly days.
1. A Motion to Leave For File
2. A Petition for Writ of Prohibition
3. A Petition for Writ of Mandamus
4. A Motion for Temporary Injunction
5. A Motion to Quash
6. A Motion for Protective Order
7. A Motion for Stay of Discovery
Wednesday, October 26, 2011
Current, former prosecutors in Williamson, Harris Counties forced to testify about alleged misconduct
In a pair of extraordinary cases in Williamson and Harris Counties, prosecutors are being forced to testify regarding alleged misconduct and as one might expect, they're not universally happy about it.
In Williamson County, reported the Wilco Watchdog last night, "In a hearing on Monday morning, [visiting Judge Sid] Harle ruled against the Motions to Quash filed by Davis and Anderson, which meant the depositions [will] go forward" to determine the cause of alleged Brady violations in the wake of Michael Morton's DNA exoneration. Further, the investigation has already begun: "Retired Detective Don Wood, the lead investigator did not challenge his deposition and testified in deposition today. However, John Bradley said a few weeks ago Wood has a "health issue effecting his memory."
Rightly notes the Watchdog, "A powerful sub-plot in this drama involves the calendar. If Davis and Anderson can frustrate the deposition process until the final exoneration of Morton is filed and perfected by the Third Court of Appeals, then the discovery in the case—including the depositions—would cease, based on a crafty provision in the AGREEMENT constructed by Williamson County District Attorney John Bradley. Given the legal games now being played to delay the process, it is becoming clear why Bradley was insistent on including this provision in the agreement."
The Statesman reports that second-chair prosecutor Mike Davis has relented and agreed to be deposed, but District Judge Ken Anderson, first chair in Morton's prosecution, has filed an additional litany of motions hoping to stall until after time runs out on the discovery agreement with Williamson County. Reported the Watchdog::