Bradley, Anderson engaged in 'heated' discussion following Michael Morton DNA exoneration

"On the day that the Texas Third Court of Criminal Appeals declared Michael Morton innocent," we learn at Wilco Watchdog, Williamson County "District Attorney John Bradley and Judge Ken Anderson (the first-chair prosecutor in the Michael Morton murder case) had a heated 'discussion' that could be heard through the walls of Anderson's office."

These and other enlightening details were revealed in the deposition of Mike Davis (pdf), second-chair at Michael Morton's false conviction 25 years ago, has been made public. Initial accounts sound like he threw his old boss Ken Anderson, now a Williamson County District Judge, under the bus. Again from the Watchdog, "Davis said he was 'shocked' that Anderson fought to keep from Morton's lawyers the statements made by Morton to investigators and that Anderson did NOT have an 'open file policy' involving case records." Here's an excerpt from the Texas Tribune's initial coverage filling in a little more detail:

Davis, who left the district attorney's office just days after the Morton case ended, said Anderson had a close working relationship with then-Sheriff Jim Boutwell. And he said Anderson prided himself on knowing all the details of cases that he tried, describing him as "a control guy" when it came to his investigations.

The transcript and other information, Davis said, should have been turned over to the judge and to Morton's attorneys. When he learned about the DNA evidence that exonerated Morton, Davis said he went to Anderson's office and confronted him about whether he had concealed the transcript outlining details of the attack young Eric Morton witnessed. "And he says, 'We turned it over,'" Davis said.

Davis also described a scene that unfolded in the Williamson County courthouse on the day that the Texas Court of Criminal Appeals exonerated Morton. Davis was in Anderson's courtroom, and he said current District Attorney John Bradley arrived and insisted on a meeting with Davis and Anderson in a back room. Anderson wanted to meet with Bradley alone, Davis said, and the two went into a separate room. "And Judge Anderson and Mr. Bradley had a discussion which was pretty loud," Davis said. "I could hear raised voices, but I couldn't tell what they were saying."

Davis contended he had no knowledge that anything was withheld from Morton's lawyers, and that he was disturbed to learn that information was allegedly supressed. "It troubles me greatly," Davis said.

Skimming the deposition (pdf), it looks like Davis put everything on Anderson, saying all murder prosecutions were his "baby," that decisions about what to disclose to the defense were totally Anderson's, describing him as a "control guy." Davis added that he was "surprised" by some of the things Anderson fought to prevent releasing, including the defendants own statements.  When Morton's attorney, Gerry Goldstein, ran through the list of withheld evidence later discovered in various sheriff and prosecutor files, Davis said in every case he believed it should have been turned over to the defense. The Williamson County Sun coverage quotes Davis as saying, " Mr. Anderson and I are not friends."

Add to this news the fact that Bradley later met with Judge Anderson, Davis' attorney and the amnemonic lead investigator in the case Don Wood to go over the evidence in detail prior to their depositions, and we're starting to get a more complete picture of the behind the scenes tensions playing out among these long-time political and professional allies as a result of Michael Morton's exoneration. I'm looking forward to reading Ken Anderson's deposition next week; unless he exhibits from the same amnesiac affliction suffered by Sgt. Wood, it promises to be a doozy.

MORE: From the Austin Statesman, the Texas Tribune, the Wilco Watchdog, and the Williamson County Sun.

UPDATE: The suspect in Christine Morton's murder identified through DNA has been publicly identified.

See prior, related Grits posts:

• CYA meetings helped prosecutors, investigator prep for critical depositions
• Nuther Brady violation from Williamson DA's office
• Current, former prosecutors in Williamson, Harris Counties forced to testify about alleged misconduct
• Pushback by prosecutors prevent exposure of 25-year old secrets in Morton case 
• Stare bar will investigate prosecutor misconduct in Michael Morton case
• Unable to squelch prosecutor misconduct allegations, John Bradley passes them off to AG
• John Bradley tries to short-circuit investigation into prosecutor misconduct in Michael Morton case
• John Bradley facing local, national criticism now that Michael Morton formally exonerated
• State Bar should sanction prosecutor from Michael Morton case but almost certainly won't
• What can the Texas Legislature do to reduce prosecutorial misconduct?