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Judge recommends inquiry into wrongful conviction

by ANDREW HORANSKY / KVUE News and photojournalist SCOTT MCKENNEY

kvue.com

Posted on February 10, 2012 at 5:00 PM

Updated Friday, Feb 10 at 7:22 PM

GEORGETOWN, Texas -- Michael Morton spent 25 years in prison for the murder of his wife, a crime he did not comment.

His attorneys argue that evidence was withheld during his original trial that would have cleared him.

They blame Ken Anderson, the former prosecutor, who is now serving as a judge in Williamson County.

“We really do believe in due process. We really do believe that people shouldn’t hide evidence,” Morton’s attorney Barry Scheck said.

Scheck is with the Innocence Project. He argued in a Williamson County courtroom Friday that Anderson broke the law.

Anderson’s attorneys argued that case is outside the court’s jurisdiction, and that too much time has passed since the original trial.

“They need to back up those accusations with evidence,” Anderson’s attorney Eric Nichols added. “We feel very comfortable that there was no evidence that would allow anyone to conclude that Judge Anderson violated any laws.”

Anderson was not present.

In his ruling, Judge Sid Harle ultimately referred the case upward to the Texas Supreme Court. Harle recommended that the court decide whether Anderson deserves a co-called court of inquiry.

During the inquiry, judges would determine whether state laws were violated. The finding would not lead to a criminal conviction. 

When asked how he felt, Michael Morton said little.

“When you do the right thing like the judge did today, everything falls into place,” Morton said. “It’s just a matter of time.”

It is unclear how soon the Texas Supreme Court could issue a ruling.

Police have arrested a new suspect, Mark Norwood, in the slaying of Morton’s wife.

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