Friday, April 19, 2013

Rough day for Central Texas prosecutors: Anderson, Lehmberg headed to jail

Today was a rough day for Central Texas prosecutors:

Re: Judge Ken Anderson and the Michael Morton court of inquiry:
Former Williamson County District Attorney Ken Anderson was ordered arrested and booked into jail for the “intentionally harmful act” of hiding favorable evidence to secure Michael Morton’s 1987 conviction for murder, the court of inquiry found.
“This court cannot think of a more intentionally harmful act than a prosecutor’s conscious choice to hide mitigating evidence so as to create an uneven playing field for a defendant facing a murder charge and a life sentence,” District Judge Louis Sturns ruled. [Ed. note: See his findings.]
Sturns found probable cause to believe that Anderson broke two state laws and committed criminal contempt of court, then ordered Anderson to be arrested.
Re: Travis DA Rosemary Lehmberg, sentenced to 45 days in jail for DWI:
Attorney David Sheppard, representing Travis County District Attorney Rosemary Lehmberg at her plea hearing, said Lehmberg's punishment is “without a doubt” the “harshest” sentence for a first-time drunken driving charge in the history of Travis County. Lehmberg pleaded guilty Friday to drunken driving and was sentenced to 45 days in jail before being immediately taken into custody. Lehmberg’s driver’s license was also suspended for 180 days.
Between these extraordinary events and the crazy news out of Kaufman County, where the murderer of the DA, his wife and another local prosecutor allegedly turned out to be a former Justice of the Peace (as opposed to the Aryan Brotherhood or Mexican drug cartels, as widely speculated), it's been a truly remarkable week for Texas prosecutors. I can't offhand think of another one like it.

26 comments:

Anonymous said...

On the bright side, now that Rosemary and Anderson have achieved legal sanction among the "criminal element," just think of how much more favorably they will be viewed by most of the commenters on this blog! Kind of like crossing the Rubicon!

Gadfly said...

Lehmberg should resign, and Democrats should accept that, even if state law says that Perry gets to appoint a replacement.

Especially at her age, one doesn't blow a BAC like that without, sadly, being an alcoholic. And, one doesn't keep doing that unless through refusing to admit that they're an alcoholic.

Anonymous said...

Why does it only take a week to get her BAC but 6 months for everyone else?

Anonymous said...

What about that the state lege Dutton who got the DWI? Should he resign?

Lee said...

This is a good day for justice and vindication in Williamson County.


Scott, can you post Ken Anderson's mug shot here. I would like to use it as a desktop background.

Lee said...

I saw the videos online the media had about Travis County. It was shocking to see the deputies handcuffing her and treating her like a typical prisoner. Her humiliation is complete. They shackle their own boss and lead her right out of the courtroom. I hope that her salary is not being paid while she is in jail, does she just use vacation days? What about any court appearances or duties as a DA? Is her paralegal going to bring her case files and laptop down to the jail so she can do her job or does the criminal law system take a 45 day break (due to the lack of a prosecutor)?Since she is the DA, who prosecutes these kind of cases? Who in the DA's office is brave enough to prosecute their own boss and the come back next year and ask that same boss for a promotion or raise?

doran said...

Grits, the day DA Ronny Earle opened and closed the prosecution of Kay Bailey Hutchinson, without offering any evidence at all, was certainly a remarkable event.

Anonymous said...

I think letting Lehmberg stay in office may not be a bad thing. Having a DA that has seen the other side could be good. I think there is a difference in the two situations (Lehmberg and Anderson). Lehmberg probably made an error in judgment. Yes, she did break the law and should definitely know better. I'm not making excuses for her. But, no intent is required for the offense of DUI. On the other hand, what Anderson did was deliberate and calculated and was also for personal gain - no he didn't make any money off of it but he secured a conviction which is always a political plus for a DA.

Anonymous said...

Having a loved one 20 years into a life sentence for a murder he did not commit and whose conviction was also handed down due to gross prosecutional misconduct, the outcome of the Ken Anderson investigation just recharges our fight for exoneration. There are a couple former Harris County DA's that should start to get nervous...your next!

Anonymous said...

Will Ken Anderson now snitch on John Bradley so he can get a lighter sentence?

Anonymous said...

Was someone wanting his mug shot? Here ya go..along w/ his booking record. If you click on the the actual picture will open nice and big.. http://judicialrecords.wilco.org/JailingDetail.aspx?JailingID=277178

Anonymous said...

It's been a long time coming for Anderson and prosecutors in general. But I honestly don't believe this will serve to deter others. Only one thing will deter others and it doesn't appear that will happen.

The Homeless Cowboy said...

I couldn't post the Mug Shot but I must say that I hope they throw the proverbial book at this man who obviously thinks he did nothing wrong. Never mind that the guy he put in prison did no wrong. The great Kenneth Anderson has be shown in the light of day to be a liar, a thief,a cheater and guilty of malicious prosecution. I do believe his victim should be able to sue him for everything he owns, including his house, car, and even the suits he wears, leave the heartless bastard homeless and broke, maybe when hid friends and family shun him and he cant afford a cup of coffee, he will start to feel the pain the Mr. Morton felt on one day of his unlawful imprisonment. Yes he should inform on John Bradley and they can be cell partners in protective custody. What a couple of whiny small men they are. Put them in prison and quit talking about them so decent folk can get on with their lives. ( Im sure thats what they said about Mr. Morton). They are lowlife worthless individuals and their existence on this planet has been a complete waste.
Ken Anderson and John Bradley should commit suicide and save the state time and money. I am not often this hard hearted but they earned it. Y'all have a great day, Thank You Grits

Anonymous said...

Speaking of district attorneys who need to go, here's one useless POS who needs to go ASAP: http://www.houstonpress.com/2012-02-02/news/fred-mueller-christopher-norregaard/

Anonymous said...

@11:12, I just spent 30 minutes reading that article looking for prosecutor misconduct only to learn that the DA dismissed the charge? WTF?

Anonymous said...

@ 11:53 Me too...but it does seem that the prosecutor held on too long and only dismissed when his boss was brought into the mix. I have a case in another small county where the prosecutor brought a bogus forgery charge on behalf of his attorney friend who was trying to prevent my client from filing liens to collect a legitimate debt against his client. The acts alleged did not even occur in that county, a nationally acclaimed handwriting expert reported that the complaining witness was the actual forger. The ADA rejected our expert but would not have his own expert evaluate even at our expense. He hung the case over our head until we could no longer file liens and threatened to file felony retaliation over further collection efforts. Charges were dismissed when we went to the elected DA, but that does not mean that this prosecution was not brought maliciously and maintained in bad faith for almost a year.

Anonymous said...

Yes, there was vindication and justice in that court yesterday, albeit far too late. But Anderson, according to a flock of lawyers I listened in on up there, will face a max of 180 days in jail and $500 fine. Because only the misdemeanor will remain. Both felony charges are far beyond the state of limitations and will likely be dropped in pretrial hearings. But the speculation was that the State Bar will take his license. That'll be a welcome sign of life in that moribund, worthless agency.

I see nobody has noted that Anderson holed up I his office instead of going to booking, refused to come out for very long time. Worse, the consensus was that he will be on that bench at 8am Monday, like nothing has changed. Total denial.

As for suing him, forget it. He has already been bled dry by his legal team and is near destitute. Well, way more broke than he ever thought he'd be at this stage of life.

Anonymous said...

There is an ongoing duty to produce Brady. Maybe that can be used to toll the statute of limitations on any related criminal charges. One can hope.

Anonymous said...

So Rosemary only gets 45 days in jail and no probation? none?? is that usual across the state for a first time dwi offender to not get probation?

Anonymous said...

Anon@9:38, yes it is usual in a first offense for the state to offer jail of 3O days or less (sometimes time served from the time it took to bond out) with a fine around $500 and license suspension OR 180 days probated for 1 year without a license suspension (though the ALR process may also result in a suspension).

Lee said...

Amen to that Homeless Cowboy!

Anderson and Bradley are a waste of existence and should be cast into the deepest pits of hell.

Anonymous said...

@ 9:38....defedants are better off doing jail time than probation. Most probationers cannt afford the exorbitant fees. If I have time to take off, I would do the jail time.

Oh yes and by the way, she as any other defendant won't do 45 calendar days if she receives her good conduct and work credit. J

Jail time is the way to go, not probation.

Lee said...

Scott, Noone answered my question about Travis County DA.

I saw the videos online the media had about Travis County. It was shocking to see the deputies handcuffing her and treating her like a typical prisoner. Her humiliation is complete. They shackle their own boss and lead her right out of the courtroom. I hope that her salary is not being paid while she is in jail, does she just use vacation days? What about any court appearances or duties as a DA? Is her paralegal going to bring her case files and laptop down to the jail so she can do her job or does the criminal law system take a 45 day break (due to the lack of a prosecutor)?Since she is the DA, who prosecutes these kind of cases? Who in the DA's office is brave enough to prosecute their own boss and the come back next year and ask that same boss for a promotion or raise?

Anonymous said...

I just want to say....Irony....Irony... These 2 individuals knew this was wrong and now sit on the OTHER SIDE in the courtroom.

Anonymous said...

At the recent national Innocence Conference in Charlotte, N.C., Barry Sheck read the news of Anderson's arrest to conference participants, including 103 exonerees. A loud and celebratory standing ovation ensued.

Anonymous said...

After watching a video excerpt online of the attempt to give Lehmberg a field sobriety test, I take back what I said about her remaining in office. Her comments indicate no remorse and her only concern seems to be that this will ruin her career. Even though she was significantly intoxicated you would think she would still be able to grasp the seriousness of what she did. She could have seriously hurt or killed someone but all she cared about was what would happen to her career.