GEORGETOWN, Texas (AP) — A former Texas prosecutor who worked for an ex-district attorney at the center of a wrongful conviction case said Wednesday that his former boss indicated he didn't like calling investigating police officers to testify at trials because it meant turning over their notes to the defense.
A court of inquiry is examining whether Ken Anderson, then a district attorney in Georgetown and now a state district judge, acted improperly in the 1987 case of Michael Morton. Morton spent nearly 25 years in prison for killing his wife, Christine, but was exonerated in 2011 based on new DNA testing.
Such proceedings are extremely rare against sitting court officials. Morton's lawyers have accused Anderson of hiding evidence during the trial that would have pointed to Morton's innocence, including case notes collected by the police officer who investigated the case, Sgt. Don Wood.
Doug Arnold, a former colleague of Anderson's and now a judge himself in another part of Texas, testified that Anderson told him he had a habit of not calling investigators to keep their case notes out of court.
"He said the reason was, you have a duty to turn over any notes, any files in the case," Arnold recalled. "But if you don't call that witness, the other side can't have access to those reports on the witness stand or in the court room."
The defense had the option of calling Wood to testify during the original case, but Morton's attorneys noted that it had no way of knowing what his files said beforehand and likely believed his testimony would hurt their client's case.
Arnold was asked Wednesday if there was "any defense attorney on God's green earth who would call as a defense witness an investigating officer with a thick evidence report that you don't know what it's going to say, but you know he's against you?"
Arnold replied: "I've never heard of that."
Morton's legal team also presented transcripts from a pretrial hearing in the Morton case in which Anderson indicated that he'd rather strike the entire testimony of another witness than provide the defense notes she made to aid her testimony.
Evidence Anderson is accused of withholding also includes statements from the couple's then-3-year-old son, who witnessed the murder and said his father wasn't responsible. Morton's attorneys say Anderson did not turn over all evidence police had collected, even after presiding judge William Lott explicitly ordered him to do so. Lott has since died. Continued...