Anderson: Morton case "worst nightmare"

GEORGETOWN, Texas (KXAN) – Former Williamson County District Attorney Ken Anderson told lawyers for Michael Morton that sending an innocent man to prison was his “worst nightmare.”

Anderson, now a state district judge, made the remark while being questioned under oath by Barry Scheck of the Innocence Project about whether he might have withheld evidence that could have cleared Morton in the 1986 killing of his wife, Christine.

“Counsel, I’m sick about this whole thing,” Anderson said during the Oct. 31 deposition. “You know, it’s your worst nightmare to have somebody who’s innocent get convicted.”

A draft of the closed-door deposition was made available Wednesday by Anderson’s lawyer. The official draft is expected to be released by the court in Williamson County as soon as Thursday.

The deposition, which Anderson had sought to prevent , came after recently tested DNA evidence showed that another man likely killed Christine in the family’s home in Williamson County. That man, Mark Norwood, is in custody and is also considered a suspect in an unsolved killing of an Austin woman around the same time.

Anderson was asked if after he left the district attorney’s office if he was aware of the issue of post-conviction DNA analysis in the Morton case.

“I was generally aware of it,” Anderson replied, adding that it was likely that he had heard about it from his successor, John Bradley.

Asked if Bradley consulted with him about the Morton case, Anderson said, “I don’t remember a lot of that.”

“I think it was more like if something happened, they would let me know and I was pretty much out of the loop,” he said.

Scheck also asked Anderson if he had ever advised Bradley on how to handle any litigation regarding Morton’s appeals.

“I can’t imagine I would have done that,” Anderson replied.

Scheck also pressed Anderson on suggestions that his office had kept from Morton’s defense team such evidence as the fact that the Mortons’ toddler son had seen “a monstor” attack his mother on the night she was killed

Anderson also pushed back against some of the questions, saying that it was unreasonable to expect him to recall in vivid detail event that occurred a quarter century ago.

“What I want to make clear is that you had showed me a bunch of documents, and I had reviewed some of the trial transcripts,” he said. “And I did the best I could based upon that information to give the answers to questions you were asking.

“But to answer an of those questions is that I have no recollection — specific recollection of things that happened 25,24,23 years ago.”