Over the weekend, Grits offered an
assessment of the tepid justice evidenced in former prosecutor and District Judge Ken Anderson's guilty plea and 10-day contempt sentence for withholding evidence in the Michael Morton case. Now, numerous other commenters have weighed in. Some find the outcome historic, since supposedly no prosecutor has ever before gone to jail for withholding evidence. But more common was the suggestion that 10 days was a ridiculously light sentence compared to the quarter century Michael Morton spent in prison. Here's a sampling of various views:
Notably, this may not be the last of the fallout. The
Los Angeles Times reported that:
Williamson County Dist. Atty. Jana Duty agreed to an independent audit
of cases Anderson handled as district attorney, as well as some cases
handled by his successor, John Bradley, in which Bradley refused
requests for post-conviction DNA testing (as he did in the Morton case).
The audit will be conducted by the Innocence Project, the Innocence
Project of Texas and the Texas Criminal Defense Lawyers Assn.
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29 comments:
I believe the majority of prosecutors think the rules don't apply to them. They count on anyone in their office to keep their mouth shut. To govern themselves for there is no consequence. Ten days in jail? Since it seems to be a pre-requisite to be a nazi in these positions. Surely further investigation will uncover alarming facts. Whether or not they get exposed is different story.
For example a swift search at a neighboring central texas county tells of d.a. Sherri Tibbe and Cathy Compton destroying video evidence to convict an innocent person.
http://truthofsherritibbehayscounty.wordpress.com/article/faces-of-deceit-hays-county-district-3cf3iu9cmqygq-1/
I am very pleased to see that there will be an inquiry into Anderson's and Bradley's cases. When I saw "An Unreal Dream" at the Cinema Arts Sunday I expressed puzzlement about if and how Bradley publicly explained his seeming mindless opposition to DNA testing.
The potential for review may be the reason. It is hard to believe Anderson did stuff like this just once, and Bradley learned at his school. Presumably Anderson is still in the barrel and Bradley could get there with him.
If this establishes serial offense, the prison sentences could get longer.
Does anyone know what form of community service he's supposed to perform?
GFB, the response from the TDCAA is missing from your list of views. Below is the official unedited version:
Dear members, as you have surely heard one of our beloved former members has been jailed for performing his duties. The travesty of Judge Anderson's case should be of grave concern to each and every one of us and serve as a reminder to "clean up" the file once a defendant has been convicted and remove anything that can be used to exonerate the individual. Most of us need no reminder in such cases where we frame an innocent, but some of us have become complacent over the decades and just assumed we were untouchable. As the Judge's case proves though, we can have our reputation destroyed and even be subjected to slight criminal penalties when we are not diligent with the case files. Anything less, and we could fall victim to the same criminal justice system that we have served with honor and distinction just as Judge Anderson did.
Wow, 1:13 pm, is explicating a criminal conspiracy to destroy evidence of malfeasance by district attorneys and their staff. I think a grand jury needs to be convened to determine who needs to be indicted and subjected to the Texas Criminal Injustice System, as evidenced by these criminal District Attorneys (double entendre intended).
"Clean up the file"????? How about clean up your conscience and do a gut-check!
@4:00 p.m. It's apparent these criminal district attorneys have no conscience.
One Small Step for Man; One Giant Leap for Mankind.
Grits,
To be clear I'm no fan of Ken Anderson, but to be fair Anderson was taken advantage of by Travis CO. and their fake medical examiner.
Back in 1986 when the Morton murder took place the forensic sciences were in their infancy and there was no forensic evidence pointing to the killer, that is except for what was found by the medical examiner.
The Travis CO ME Bayardo told Anderson that based on the stomach contents of Mrs. Morton, she died at approximately 1:30 a.m., which pointed the finger squarely at Michael Morton. Since back then everyone believed ME's were experts in death and time of death, clearly Anderson did not believe anything that contradicted the ME's finding was evidence.
Michael Morton is not the only defendant affected by Bayardo's forensic scams. Since 2007 Bayardo changed his testimony in the death penalty cases of Cathy Lynn Henderson and most recently the case of Rodney Reed. In the Reed case Bayardo is changing his time-of-death determination, again.
It was the time of death in the Reed case that was used against him and supported the conviction. I know it is believed Reed was convicted based on DNA, but the truth is...there was no DNA.
@dfisher, I wouldn't say Anderson was taken advantage of by Bayardo - at most, they used one another. Pam Colloff reported that Anderson and Sheriff Boutwell woodsheded Bayardo to change his testimony (see the excerpts in this post). Bayardo changing his findings in response to the Sheriff and DA's requests makes him culpable, for sure, but it doesn't remotely exonerate Anderson.
I don't understand how there was "an agreement" as to Anderson's punishment. I thought the Judge had exclusive power over what the punishment should be. Whoever prosecuted this case surely could not have been content with 10 days in jail, especially with Anderson's continued "righteous indignation."
Grits,
I was not aware of Colloff's article, but the fact that Anderson and Boutwell obtain documentation as to when Mrs Morton last ate suggests Anderson actually believed Bayardo could determine time-of-death.
I know more about Bayardo than most anyone and you didn't need to have evidence or facts to get him to lie, that came very naturally to him.
As for Colloff's comment that Bayardo did not take autopsy notes, because he was afraid they would be subpoenaed came from the Star-Telegram's 9-27-09 article. That 5 day series on TX medical examiners came from me and is laced with cases that are coming back to life across the state.
Two months ago medical examiner Lloyd White who is quoted in the series resigned from the Tarrant CO ME's. White has hire counsel and is preparing to file a whistle blower's law suit against Tarrant CO. and Peerwani's autopsy business.
Latest word is the U.S. Attorney's office has brought in the FBI to investigate Peerwani's Tarrant CO operation.
"cases where we frame an innocent" now the truth comes out from the TDCCA.
To be clear I'm no fan of Ken Anderson, but to be fair Anderson was taken advantage of by Travis CO. and their fake medical examiner
Now that was funny!
I want him in prison-oh wait, I want the prisons closed.
Um, TonyB, 3:30, 3:04, and 1:50, you do realize that 1:13's "official TDCAA response" is, at best, a piece of tongue in cheek fiction, don't you? Go to the TDCAA website to see for yourself.
11:55, surely you realize of course that the TDCAA wouldn't post that on the public pages of their website for everyone to see, don't you? Unless you're a member you can't access the page where they hide stuff like that. And no doubt it was removed once the administrators found out that someone had compromised their confidentiality.
Regardless of whether it was their actual response or not, the fact remains it is exactly how they feel about the situation or else they would have made a public response condemning Anderson's criminal actions.
Folks, the TDCAA "response" was clearly satire. If you thought otherwise, or even fantasize there's a remote possibility it came from secret, members-only web pages, you've been had. :-}
@10:39, I agree there's little to be gained from sending Anderson to prison. Eliminating his pension, OTOH, would be a more serious punishment and a MUCH more effective deterrent for other prosecutors in the future.
What is missing from these comments is the acknowledgment of complicity of Williamson County attorneys and the complacency of the pro gun Williamson County residents-and I am in both categories... it was a reign of fear and intimidation. When I did get pulled into a criminal case in WilCo, the lock step one-mindedness of the prosecutors was terrifying. I guess I just feel guilty for not being more like Barry Scheck
The comment 7:10 pm sounds much like the situation which now exists in McLennan County. Hmmm...
Hey Grits, I'm not sure how this can be categorized as an independent audit, when three separate entities are listed in addition to the D.As'. Office. But, with all of the media attention, any audit will be welcomed and, sadly be portrayed by the D.As'. Associations and dues paying cliques as –‘fabricated’, due to their exclusion. Or, inspire them to perform their own?
*Audits?, we don’t do no stinking audits!
As one of Harris County’s very first Applicants', I requested that the Lykos Conviction Integrity Unit perform an audit regarding all cases handled by the ADA of Record. Despite him being tied to various Chronicle articles’ regarding 29 pieces of evidence going missing & my certified case files indicating he 'fabricated' evidence (a friggin firearm), no audit ever took place.
Damn you Lykos & Damn you Casey J. O’Brien. May you both rot in retirement & lose sleep over ‘Reactions’ to Andy and your isolated incidents. Thanks.
people we need a overhaul of the whole dam justice system from top to bottom! and everywhere in between!
Anderson and Bradley are both despicable. An overwhelming number of individuals (including teens) were sentenced to prison back in the 90's. Some are still there. Some are still on parole. Some have committed suicide. Some were innocent and some unjustly and severely punished. Some were fathers. No telling how many young lives these two men have destroyed. It is hard to grasp the evil acts of these 2 snakes. I can imagine Bradley sneering as he reads this. I can almost hear him joking with his TDCAA buddies in an effort to blow off the truth as they, in turn, assure him of his place in the TDCAA brotherhood. TDCAA will assure Bradley that he too has served with honor and distinction. Very telling.
Correct me if I'm wrong but didn't Bradley get a prosecutor of the year award? Did Anderson also get one when he was a prosecutor? If so, why aren't those being revoked? Also, why hasn't Jack Skeen's revoked? What does the fact that all of those still hold those awards say about the TDCAA?
TDCAA making a "joke." Hilarious way to get a guffah. What douches.
grayson county has some shady ass wipes in the d.a office and the puplic defenders to boot, hell the judicial system as a hole is just about getting another notch in there belts,and ruining familys lives...sherman,tx u STINK!!
The only explanation for how a given law enforcement officer, prosecutor, judge, etc..., who's sole purpose is to uphold the law and seek the truth, can lie and railroad innocent defendants into jail, is just one thing EGO. They are so full of themselves believing their better than all the rest of us combined. Laws for them, don't apply, they can do what they want. Their so responsible and capable in their heads that they are justified to do whatever they care or choose to. Of course, the rest of us would never understand since we are only piss ants in their mind. These articles point out that such thinking is not so rare and, in fact, being one of those in authority it's almost natural to feel like a GOD. We need to muzzle them with laws they must follow just like all the rest of us. Make them accountable to the people they despise and certainly do it for all those innocents they locked away without a care or concern.
YOU ARE SO RIGHT THEY THINK THEY ARE GODS!!
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