Ken Anderson Court of Inquiry continues

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by JESSICA HOLLOWAY / KVUE News

Posted on February 5, 2013 at 7:09 PM

Updated Tuesday, Feb 5 at 7:22 PM

GEORGETOWN, Texas -- Tuesday witnesses testified against Ken Anderson. His own assistant overheard a conversation he had with damning evidence that he knew he was withholding crucial information that could've saved Michael Morton.

With a significantly smaller crowd in the audience, a visiting judge listened to hours of recorded interviews from 2011. In a tape-recorded deposition, attorneys for Morton asked Anderson details from Morton's case.

Morton's attorneys questioned Anderson over what he could remember about how he prosecuted the case as district attorney, but Anderson said details were difficult to recall.

"It's hard to know what my practice was 25 years ago," Anderson answered in response to questions regarding his note keeping system.

Anderson appeared to draw a blank in a line of questioning over a document from the original case file with references to page numbers not found in the file.

"I have no knowledge whatsoever what those page numbers could be at this time. I haven't seen these probably in 20, the better part of 25 years," Anderson testified. "Those numbers mean nothing."

Lawyers told Anderson he committed a Brady violation when he withheld evidence from the case that would've helped Morton. Anderson responded, "Ok," in a nonchalant manner.

In 1987, Kimberly Gardner was Anderson's assistant district attorney. She overheard a private discussion.

"I'm here to say there was a discussion, and Ken was talking about the Morton case," she said.

Gardner says testifying is difficult.

"It's really hard to do this because I don't want to be here," she said.

She likes Anderson, but she knows what she heard.

"He said the kid thinks a monster killed his mom," she explained.

After hours of interviews, Anderson admitted one thing.

"I don't know how we got this far, but something different should have happened," Anderson said.

Prosecutors plan to call six more witnesses and say the hearing will wrap up this week.


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