Sunday, October 2, 2011

Michael Morton: D.A. John Bradley's behaviour in objecting to DNA evidence fuels negative perceptions: The Statesman.



"The mystery suspect is not in custody. And now Austin police are investigating potential links between an unsolved killing that happened in 1988 that bears striking similarities to the 1986 Christine Morton murder. All of that raises the question about whether Michael Morton, who has maintained his innocence, was wrongly convicted. The Innocence Project has cited links to another murder case in 1980 that remains unsolved.
It's a question prosecutors must vigorously pursue. As the judge said, permit the facts to lead the way. Williamson County District Attorney John Bradley's behavior in objecting to DNA testing of evidence only fuels widely held perceptions that prosecutors care more about convictions than justice. His office should be in full cooperation mode. The fate of several other cases hinges on answers in the Morton case, and should the mystery suspect prove to be the true culprit, then a murderer is out there somewhere, free to offend again."
EDITORIAL: THE STATESMAN;
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The main goal of any examination into the case of Christine and Michael Morton must be the search for truth and justice. District Judge Billy Ray Stubblefield of Williamson County emphasized that in his directive to prosecutors and the Innocence Project investigating new evidence that might exonerate Michael Morton, who has been in prison for nearly 25 years for killing his wife, Christine....Let the facts lead the way...
"We must all have the courage to learn the facts and let them lead the way," Stubblefield said in August, when new details emerged about DNA evidence. He is right. Our system of justice is not mistake-proof. But its measure should be taken not just by how many times the right person is convicted and imprisoned, but how well the justice system responds when it errs. This case is testing that core principle of justice.
There are several revelations that raise troubling questions about the case, specifically whether Michael Morton committed the murder and whether prosecutors who handled the case hid exculpatory evidence to help win a conviction. American-Statesman writer Chuck Lindell provides another compelling report on the case in today's editions. To read all of Lindell's previous stories, go to statesman.com.
With its twists, surprises and mystery suspect, the case so far reads more like an Alfred Hitchcock plot than the simple murder case Williamson County prosecutors presented in 1987. Then prosecutors, led by District Attorney Ken Anderson, asserted that Morton killed his wife in 1986 in a frustrated rage after she rebuffed his sexual advances.
Thank goodness for scientific advancements that have made it possible to re-examine the case. Recent DNA testing has turned up stunning details. The New York-based Innocence Project, on behalf of Morton, recently secured a court order for a DNA test of a bandanna that was found 100 yards behind the Morton house near a construction site. Results show the blood and hair of Christine Morton mixed with skin cells belonging to her. But it also turned up DNA from a man with an extensive criminal record.
The mystery suspect is not in custody. And now Austin police are investigating potential links between an unsolved killing that happened in 1988 that bears striking similarities to the 1986 Christine Morton murder. All of that raises the question about whether Michael Morton, who has maintained his innocence, was wrongly convicted. The Innocence Project has cited links to another murder case in 1980 that remains unsolved.
It's a question prosecutors must vigorously pursue. As the judge said, permit the facts to lead the way. Williamson County District Attorney John Bradley's behavior in objecting to DNA testing of evidence only fuels widely held perceptions that prosecutors care more about convictions than justice. His office should be in full cooperation mode. The fate of several other cases hinges on answers in the Morton case, and should the mystery suspect prove to be the true culprit, then a murderer is out there somewhere, free to offend again.
Another issue that must be examined is whether prosecutors who originally handled the case were involved in misconduct, as the Innocence Project claims. Before recusing himself, Stubblefield, said that issue should be examined. We agree, if for no other reason than to unearth deficiencies or mistakes that can prevent wrongful convictions in the future. District Judge Sid Harle of San Antonio has replaced Stubblefield.
In this case, the Innocence Project alleges that prosecutors hid key evidence that would have helped Morton prove his innocence. At issue is a transcript of a phone conversation between a sheriff's investigator and Christine Morton's mother, Rita Kirkpatrick. Kirkpatrick said Morton's 3-year-old son indicated that he had witnessed the murder and that the killer, whom he described as a "monster," was not his father.
This is a case that demands answers, transparency and full cooperation by all parties. Morton was by most accounts an average working guy living an average life. He was not a thug, not homeless, not poor. If the justice system failed him, it can fail anyone. But its redemption can be found in its ability to correct its mistakes.
The editorial can be found at:

http://www.statesman.com/opinion/lets-let-the-facts-lead-the-way-1890578.html