25 years of injustice?

Historical Tidbits
by DONN BROOKS

The power to lock up citizens is a necessary one, but when a jurisdiction gets a conviction wrong society is diminished.  In Williamson County the state has released Michael Morton from custody after determinations were that he was wrongfully convicted. This miscarriage of justice could have been avoided had the good district attorney exercised due diligence.

It will be hard to trump Michael Morton’s powerful statement, “Thank God I only got life.” If he had received the death penalty the DNA evidence exonerating him would have arrived too late to help the poor man. Twenty-five years locked up is a long time, longer if you are innocent, but it beats being put to death.

I carried a gun and badge for many years, and for more than 40 years I have studied police administration. Today we have well-trained officers with a boatload of education. Police departments enjoy state of the art technology. As good as all that may be, it is not adequate.

I am nervous. The Texas Code of Criminal Procedure holds prosecutors responsible as follows: It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, 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.

It appears that the Williamson County system of criminal justice has failed and, because of that, Michael Morton was locked up unjustly for 25 stinking years.

Now, I have contempt for prosecutors who will not prosecute. We had a long-standing problem in Texas by which prosecutors were not full-time employees and had a private practice on the side. Most of these people were honest, but the prosecution of criminal cases took a lower priority than their private practice, so the standard procedure was to attempt to reduce the charges to misdemeanors.

The public wants low taxes and commissioners are loath to provide prosecutors with necessary staff. We rely on police officers and deputy sheriffs to investigate cases and turn the matter over to the prosecutor fait accompli. If the prosecutors are to dispense justice, they need staff to assist in the investigations and get cases ready for the grand jury and for trial.

The evidence is mounting that in the Morton case, in Williamson County, prosecutors deliberately withheld evidence that could have exonerated poor Morton. This is patently inexcusable. A thorough investigation needs to begin there soon.

This is not a case of lack of resources. It is a matter of lost priorities.

Ken Anderson has been a district judge there for many years. He has a reputation for having been a zealous prosecutor. I have no problem with aggresive prosecutors. That is what they are paid to do. But when they deliberately withhold evidence, fail to follow through on leads, they have crossed over the line. According to appearances, Ken Anderson, or his staff, profaned the office of the prosecutor, and perforce, the entire system of justice in Central Texas.

Williamson County justice has had a bad reputation for a long time. From what I am able to determine, most of the complaints come from people who think the police are too aggressive if they arrest drunk drivers and speeders. Whether or not the bad reputation is deserved is another argument for another day. But the stench from the Morton case will impact the entire system of Central Texas justice.

The Austin American-Statesman argues that the State Bar should investigate Anderson and his role when he was district attorney. That is appropriate. Also a good idea is for the attorney general to study the case. It is refreshing that John Bradley, the Williamson County district attorney, has asked for help by the state.

Anderson has been a good man, a good prosecutor and a good judge. But that is not enough. Anybody who is so insouciant as to ignore good evidence is unfit to hold public office and a well-crafted investigation should be conducted post haste. But Anderson does not deserve to be pilloried in the press without an opportunity to defend himself. Fairness is a double-edged sword, and His Honor deserves fairness even if he denied it to others. Hearings, though, should be conducted under oath and pain of perjury.

It is easy, a quarter of century later, to simplify this investigation to two or three propositions that should have been investigated. But criminal investigations have all sorts of nooks and crannies and Anderson deserves the opportunity to explain why his office did what it did.

Unlike the federal system, state judges must stand for re-election every four years. For Anderson, this means that the Morton case might well become the frontispiece of his next campaign.

Let’s draw this analogy: Richard Milhous Nixon was forced out of office. That much we know. What we do not know is how many public officials woke up to the reality that if the president of the United States can have his feet held to the fire, then an ordinary sheriff, trustee, councilman or constable had better keep his business straight.

That being the model, we may never know how many public servants will clean up their act, but we know that the proverbial rising tide lifts all boats.

Daylight in abundance in the case of Ken Anderson and the conviction of Citizen Morton is essential to the assurance of the integrity of the judicial system in Central Texas.

dbrooks7@austin.rr.com

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