When prosecutors lie


Few wrongfully convicted ever get an opportunity for a new trial.

A prosecutor was quoted once as saying every prisoner is innocent, if you could believe their stories.  Does that mean their story was never investigated?

From the New York Times, as posted on Wrongful Convictions blog:

“Very few prosecutors, however, are willing to admit they’ve made errors. They fight efforts to reopen cases. “They want finality,” said Ellen Yaroshefsky, a professor at Cardozo School of Law. The standard for introducing evidence postconviction is that it has to be strong enough to have changed the result. It rarely is.”

Has anyone thought of the other side of injustice – the one that allows a criminal to run loose on society to murder, maime, steal?

It is refreshing to see a prosecutor face his peers and explain his own wrong doing.  Texas, I certainly hope that you do not wimp out on the prosecutor, now judge Ken Anderson.

John Moritz wrote in a story broadcast by Texas TV news KXAN.com:

“Anderson says statute of limitations ran out on allegations against him”

WILLIAMSON COUNTY, Texas (KXAN) – In court filings released Thursday, state District Judge Ken Anderson said he cannot be held responsible for any evidence that might have been withheld when he prosecuted Michael Morton in the 1986 death of wife because the statute of limitations has run out.

The filings by the former Williamson County district attorney came  in response to allegations from the State Bar that he had violated rules that required him to notify Morton’s lawyers of any evidence that might be favorable to the defense.

A comment from Do the right thing:

“There is no statute of limitations for officers of the court for this kind of behavior… it’s called fraud upon the court…. if a second year law student knows this; why the hell not a State District Judge???

“embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication”. Kenner v. C.I.R., 387 F.3d 689 (1968)”

The outcome of this case could have a huge impact on the wrongfully convicted serving time in jail.

Wrongful Convictions Blog

From the New York Times:

In just about a month from now, Texas will witness a rare event: a former prosecutor is going to be held to account for alleged prosecutorial misconduct.

He is Ken Anderson, who for nearly 17 years was the district attorney in Williamson County, a fast-growing suburb of Austin. (In 2002, Gov. Rick Perry made him a district judge.) As Pamela Colloff writes, in a brilliant two-part series in Texas Monthly, Anderson was the kind of prosecutor who “routinely asked for, and won, harsh sentences and fought to keep offenders in prison long after they became eligible for parole.”

One of Anderson’s most high-profile prosecutions was of a man named Michael Morton. In 1987, Anderson prosecuted him for a heinous crime: His wife, Christine, was bludgeoned to death. Morton was then in his early 30s, with a 3-year-old son and a job…

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2 responses to this post.

  1. […] A Texas Prosecutor Faces Justice (justiceforraymond.wordpress.com) […]

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