Morton defense balks as Williamson County D.A.
attempts ‘business as usual’
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By Lou Ann Anderson
Estate of Denial

Williamson County, Texas - On the heels of Wednesday’s Texas Court of Criminal Appeals vacating Michael Morton’s 1987 murder conviction and life prison sentence in the death of his wife, Christine, Williamson County District Attorney John Bradley signaled a return to “business as usual” with the filing of a motion seeking “expedited issuance of this Court’s mandate.”

Morton’s Texas attorney, John Raley of Houston-based Raley and Bowick, quickly cried foul, filed a motion opposing Bradley’s move and rightfully so. Bradley later withdrew his motion claiming the effort was misunderstood and that Morton attorneys overreacted. But here’s the deal.

Undoubtedly, Morton’s safe release from prison was a primary concern for his lawyers. The agreement brokered between Innocence Project attorney Barry Scheck and Bradley started the process of Morton’s release and subsequent exoneration though it appears Bradley extracted a concession impacting the Morton defense team’s timeframe to investigate allegations that prosecutors and investigators buried evidence and ignored leads – leads that could have both established Morton’s innocence and potentially helped catch a killer who appears to have repeated his crime with the 1988 murder of Debra Jan Baker and, per recent reports, remains at large today.

The Court of Criminal Appeals ruling could have taken months, but even with a quick response, the brokered agreement calls for Morton’s defense team to have “non-public, court-supervised discovery” for “at least a period of thirty days.” Bradley’s motion appears an attempt to circumvent this opportunity.

As evidence and circumstances related to Morton’s conviction are scrutinized, it becomes increasingly harder to rationally explain away the strong appearance of evidence withholding by original case prosecutors and investigators along with obstructionism in the release of materials 15 or so years later once Morton’s Innocence Project legal team took up the case.

In 1987, the case was prosecuted by then-D.A. Ken Anderson and second-chair attorney Mike Davis. Anderson, now a Williamson County District Judge, is often characterized as Bradley’s mentor and a key proponent in Bradley’s appointment to the district attorney slot vacated upon Anderson’s judicial appointment. The two also co-authored a book. Meanwhile, Mike Davis, per The Williamson County Sun, “runs a private firm frequently hired by the WilCo Commissioners Court.” Unconfirmed reports indicate Davis serves as court-appointed counsel in various Williamson County courts. He certainly has played a central role in past and upcoming legal actions between the commissioners court and County Attorney Jana Duty. Anderson and Davis were the face and the force in Williamson County’s conviction of Michael Morton.

Meanwhile, Bradley is a locally controversial figure who gained wider notoriety during his tenure as chair of the Texas Forensic Science Commission. As a Rick Perry-appointee, Bradley’s record is becoming an issue in the governor’s presidential bid. Bradley spent years fighting DNA testing of the bandanna which ultimately served as the basis for Morton’s exoneration. He spent similar time resisting release of non-DNA evidence that potentially implicates Anderson and Davis with prosecutorial misconduct.

Bradley, Anderson and Davis are the three figures upon whom misconduct allegations are focused. As more about this case is learned, public outrage grows and demands for accountability are stronger.

Williamson County’s “tough on crime” reputation is becoming a joke with an updated version more accurately reflecting a good-ol’-boy environment in which cronyism and public corruption thrive. And so far, the Morton case legitimately fuels that image. The county’s credibility will take an all new hit if these misconduct issues are made to “go away.” We’ve posed the question more than once if Williamson County is “tough on crime” or “light on justice”? Are elected and other public officials committed to looking for answers or are they just going back to business as usual?

It now seems the Morton case will provide that definitive answer.

Lou Ann Anderson is an advocate working to create awareness regarding the Texas probate system and its surrounding culture. She is the Online Producer at www.EstateofDenial.com, a Policy Advisor with Americans for Prosperity Foundation – Texas and a Director of Women on the Wall. Lou Ann may be contacted at info@EstateofDenial.com.

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