Innocent Texas man freed after 25 years in jail

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Murazor
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Innocent Texas man freed after 25 years in jail

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From CNN
(CNN) -- Imagine being out to dinner with the love of your life and your beautiful, smiling, 3-year-old child. It's a double celebration: your birthday and the end of your young boy's difficult recovery from surgery for a heart defect.
As you cross the street afterward, holding hands and swinging the little one up in the air, you think, "This is what it's about."
You know it's one of the best days of your life.
For Michael Morton, that day was August 12, 1986. He had just turned 32.
The next day, it was all taken away. The dream became a nightmare.
Christine, his wife, was attacked and killed at their home in Williamson County, Texas, just outside Austin. Michael Morton was at work at the time. Still, authorities suspected him.
"Innocent people think that if you just tell the truth then you've got nothing to fear from the police," Morton says now. "If you just stick to it that the system will work, it'll all come to light, everything will be fine."
Instead, Morton was charged, ripped away from his boy, and put on trial. The prosecutor, speaking to the jury in emotional terms with tears streaming down his face, laid out a graphic, depraved sexual scenario, accusing Morton of bludgeoning his wife for refusing to have sex on his birthday.
"There was no scientific evidence, there was no eyewitness, there was no murder weapon, there was no believable motive," Morton says. "... I didn't see how any rational, thinking person would say that's enough for a guilty verdict."
Eric, left, was 3 when his father, Michael Morton, right, was wrongly convicted of killing his mother, Christine, center.
But with no other suspects, the jury convicted him. "We all felt so strongly that this was justice for Christine and that we were doing the right thing," says Mark Landrum, who was the jury foreman.
Morton spent nearly 25 years in prison.
He saw his son Eric only twice a year. "I would love seeing him, I was fascinated with his every move," Morton says. But Eric "was becoming more distant," Morton says. "He was becoming less mine."
As a teen, Eric had no memories of his father outside of prison. Letters his dad wrote him were "just a window into a life that never happened," he says. His father "barely existed in my life. I didn't have memories of him outside of the visits to prison."
Eric decided to stop visiting. "I think it was embarrassing for me to think that I had to go to jail to see my dad."
Michael Morton wrote Eric saying he had to come and tell him that in person. He did.
"It was another one of those numb, painful things," Morton says. "I just looked at my sister-in-law and said something like, 'Take care of my son.'"
Eric also changed his last name to that of the relatives who raised him.
Trial didn't include critical evidence
A few years ago, a group of attorneys, working pro bono on Morton's behalf, managed to bring the truth to light. Not only was Morton innocent, but the prosecutor, Ken Anderson, was accused of withholding crucial evidence.
DNA exonerations by the numbers
The little boy, Eric, had seen the attack and told relatives that daddy was not home at the time. He described the man who did it. Neighbors had described a man parking a green van behind the Mortons' house and walking off into a wooded area. A blood-stained bandana was found nearby. None of that evidence made it into the trial.
It took years of fighting, but Morton's attorneys finally got the bandana tested for DNA. It contained Christine Morton's blood and hair and the DNA of another man -- a convicted felon named Mark Norwood.
Norwood had killed Christine Morton. And since no one figured that out after her death, he remained free. He killed another woman in the Austin area, Debra Baker, in similar circumstances less than two years later, authorities say.
Norwood has now been convicted in Morton's killing, and indicted in Baker's killing.
A documentary details how Michael Morton -- with help from the Innocence Project -- proved he didn't kill his wife.
Morton was freed in October 2011. He was 57 years old. "I thank God this wasn't a capital case," he said.
Morton's story, told in the CNN Films' documentary "An Unreal Dream," shines a spotlight on wrongful convictions in the United States. More than 2,000 wrongfully convicted people were exonerated between 1989 and 2012, according to data compiled by the University of Michigan Law School.
But Morton's case has paved new ground that could affect cases nationwide.
Last month, Anderson -- Morton's prosecutor who in 2001 became a judge -- pleaded no contest to criminal contempt for deliberately withholding exculpatory evidence.
Anderson's punishment pales in comparison to Morton's experience. The former prosecutor stepped down from his position as a judge and agreed to 10 days in jail. He then served only five of those days, under Texas laws involving good behavior behind bars.
He also agreed to a $500 fine, 500 hours of community service, and the loss of his law license, according to the Innocence Project, a legal clinic affiliated with Yeshiva University's Cardozo Law School.
It's "an extremely rare instance, and perhaps the first time, that a prosecutor has been criminally punished for failing to turn over exculpatory evidence," the Innocence Project said.
The "historic precedent demonstrates that when a judge orders a prosecutor to look in his file and disclose exculpatory evidence, deliberate failure to do so is punishable by contempt," said Barry Scheck, the project's co-director.
The organization is working with the Texas Criminal Defense Lawyers Association and the Innocence Project of Texas to coordinate a review of Anderson's cases.
Anderson, meanwhile, has not publicly acknowledged any personal wrongdoing. In court, he said he couldn't remember details of the case, and that he and his family have been through false accusations over it.
"I apologize that the system screwed up. I've beaten myself up on what I could have done different and I don't know," he said, acknowledging Morton's "pain."
Morton asked a judge to "do what needs to be done, but at the same time to be gentle with Judge Anderson."
In prepared remarks outside the courthouse, Anderson repeated that he wanted to "formally apologize for the system's failure to Mr. Morton and every other person who was affected by the verdict."
CNN left a voice mail at a phone number listed for Anderson in Texas, but did not hear back.
Morton now works on programs to help other innocent people behind bars. Earlier this year, Texas Gov. Rick Perry signed the Michael Morton Act into law, requiring prosecutors to turn evidence over to defense lawyers in criminal cases, upon the defendant's request, without the need for a court order.
The law will make the state's criminal justice system "fairer and helping prevent wrongful convictions," Perry said.
'Life has come full circle'
Vindication is very, very good, but it's something I knew all along.
Michael Morton
"Other people often feel far more anger than I do," Morton says. "Vindication is very, very good, but it's something I knew all along. ... It's really nothing new for me."
He had a religious epiphany in jail, and credits his newfound inner peace with the knowledge that God "loves me."
He's now close with his son -- and daughter-in-law, and granddaughter, who is named after Christine. "I've never seen a more perfect child," Morton says.
"Life has come full circle," his son Eric says. "...I do love him."
"The conundrums of life, the philosophical paradoxes, the metaphysical problems -- I feel like I get it now," Michael Morton says with a smile. "I understand suffering and unfairness. I can't think of anything better to receive than that. I'm good with this."
Because of the recent case concerning massive evidence tampering in the state of Massachusetts, I've been following threads of judicial fuck-ups in the United States and this one really struck the same kind of chord.

Mostly, because the prosecutor who deliberately hid evidence during the trial, recently plead guilty to intentionally failing to disclose evidence and apparently became the first prosecutor ever to be sent to jail for wrongful conviction (supposing that the Huffington Post reporting is accurate, at any rate).

In case anyone is interested in what the prosecutor gets for destroying at least one innocent man's life: he has to give up his law license, 500 hours of community service and he has to face the horror of ten days in prison.
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Re: Innocent Texas man freed after 25 years in jail

Post by Zaune »

What I can't understand is why. They had a description of a suspect and a vehicle, probably would have found the guy eventually. What was the point in just railroading a vaguely plausible suspect like that?
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Re: Innocent Texas man freed after 25 years in jail

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apparently became the first prosecutor ever to be sent to jail for wrongful conviction
He went to jail for 5 days. Who gives a fuck? His "victim" went to jail for 25 years. Hardly an appropriate punishment.
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Re: Innocent Texas man freed after 25 years in jail

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Look up Cameron Todd Willingham, evidence is very strong that he was innocent and they executed him
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Re: Innocent Texas man freed after 25 years in jail

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Borgholio wrote:He went to jail for 5 days. Who gives a fuck? His "victim" went to jail for 25 years. Hardly an appropriate punishment.
Of course that it is not appropiate.

I am just amazed by the fact that apparently no prosecutor has even been jailed for this kind of shit, in spite of the fact that I seem to remember a number of cases in which this kinda thing happened.
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Re: Innocent Texas man freed after 25 years in jail

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I suppose it could be argued that the adversarial system we use can tempt people to use tactics like this to win. But I'm not enough of a legal expert to say for sure if other forms of criminal justice would be more or less fair / successful / honest...
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Re: Innocent Texas man freed after 25 years in jail

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Of course other systems are more fair simply because they do not force their prosecutors to cheat if they want to keep their jobs. If your job security / future political career = conviction rates , you sure have one hell of an incentive to win by any means.
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Re: Innocent Texas man freed after 25 years in jail

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Anybody here enough of a legal expert to maybe go over a brief rundown of alternatives to the adversarial system? I know of the inquisitorial system, where a single judge or entity does the work of investigation and prosecution. This eliminates lawyers "cheating" to win, but then there's always a concern of a biased judge or investigator. That seems to be trading one potential evil for another.
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Re: Innocent Texas man freed after 25 years in jail

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Zaune wrote:What I can't understand is why. They had a description of a suspect and a vehicle, probably would have found the guy eventually. What was the point in just railroading a vaguely plausible suspect like that?
Because it looks like he's tough on crime and since prosecutor and other judicial positions in the US are very often elected offices (an anathema to any competent judiciary system), it is no surprise that this sort of shit happens. Anybody who expects it not to is an idiot.
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Re: Innocent Texas man freed after 25 years in jail

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Borgholio wrote:Anybody here enough of a legal expert to maybe go over a brief rundown of alternatives to the adversarial system? I know of the inquisitorial system, where a single judge or entity does the work of investigation and prosecution. This eliminates lawyers "cheating" to win, but then there's always a concern of a biased judge or investigator. That seems to be trading one potential evil for another.
We have an adversarial system where prosecutor is an appointed office, not an elected one. The law is also very specifically clear that any evidence in the defendant's favor must be disclosed under pretty damn severe penalties for the prosecutor. Cases with fucked up police investigation or prosecutorial mistakes can and do get sent back for retrial. We do have juries, but the system is way more screened and controlled than the American one.

To put it bluntly, the American legal system is a fucking disgrace. It is precisely a legal system, not a justice system, and that shows at every level. It's a laughingstock.
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Re: Innocent Texas man freed after 25 years in jail

Post by Simon_Jester »

Part of the problem with the American system is that the basic operating principles haven't been updated in over 200 years.

At the time, I suspect the system was originally designed specifically to avoid a perceived problem with 18th century European courts: that the appointed magistrates were too sympathetic to the crown and would convict people for political reasons. This has become darkly ironic when you think about it- but then, at the time I suspect that judges and prosecutors were less likely to get reelected purely on the grounds of how many vagrants and indigents they convicted of heinous felonies.
Murazor wrote:Mostly, because the prosecutor who deliberately hid evidence during the trial, recently plead guilty to intentionally failing to disclose evidence and apparently became the first prosecutor ever to be sent to jail for wrongful conviction (supposing that the Huffington Post reporting is accurate, at any rate).

In case anyone is interested in what the prosecutor gets for destroying at least one innocent man's life: he has to give up his law license, 500 hours of community service and he has to face the horror of ten days in prison.
Giving up the law license is at least serious, but the rest of it is a grossly inadequate punishment in this case.
Zaune wrote:What I can't understand is why. They had a description of a suspect and a vehicle, probably would have found the guy eventually. What was the point in just railroading a vaguely plausible suspect like that?
I can only chalk it up to sheer lunatic pressure to get a conviction, combined with confirmation bias on the part of the prosecutors.
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Re: Innocent Texas man freed after 25 years in jail

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We have an adversarial system where prosecutor is an appointed office,
By whom is the prosecutor appointed?
any evidence in the defendant's favor must be disclosed under pretty damn severe penalties for the prosecutor.
What kind of penalties? Hopefully more than a week in prison...
We do have juries, but the system is way more screened and controlled than the American one.
In what way? Are they selected or rejected by the prosecution and defense the way we do it?
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Re: Innocent Texas man freed after 25 years in jail

Post by Ralin »

Borgholio wrote:
Edi wrote:We do have juries, but the system is way more screened and controlled than the American one.
In what way? Are they selected or rejected by the prosecution and defense the way we do it?
I'd like to hear this too. I haven't been a fan of the jury system for awhile now, and if there are better ways to do it I'd love to hear more about them.
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Re: Innocent Texas man freed after 25 years in jail

Post by Zaune »

Simon_Jester wrote:I can only chalk it up to sheer lunatic pressure to get a conviction, combined with confirmation bias on the part of the prosecutors.
I dare say. But I could understand the temptation to resort to railroading someone if Homicide had precisely jack and shit in the way of leads, and the mayor's office was leaning on you -"Got to be seen doing something" and all that- because the lack of progress was leading to harsh comments in the local papers. But this case was something altogether different; they could have had an identikit sketch of the suspect in all the papers, the FBI and the state police alerted, maybe even get onto America's Most Wanted. The sort of case that looks rather good on your resume when promotion's in the offing, in fact!
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Re: Innocent Texas man freed after 25 years in jail

Post by Lord Revan »

Borgholio wrote:
We have an adversarial system where prosecutor is an appointed office,
By whom is the prosecutor appointed?
government officials, but I can't remember the exact process that at this moment and IIRC it varies by the court level
any evidence in the defendant's favor must be disclosed under pretty damn severe penalties for the prosecutor.
What kind of penalties? Hopefully more than a week in prison...
I'd have to ask my dad about that but we tend to take stuff like this seriously and I suspect retrial would happen
We do have juries, but the system is way more screened and controlled than the American one.
In what way? Are they selected or rejected by the prosecution and defense the way we do it?
IIRC the people doing the screening for "käräjä oikeus" (aka Finnish for "trial by jury" are government officials unrelated to the case in hand and IIRC no criminal trials are judged there anyway.
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Re: Innocent Texas man freed after 25 years in jail

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no criminal trials are judged there anyway.
So trial by jury is only used in civil or non-criminal cases?
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Re: Innocent Texas man freed after 25 years in jail

Post by Lord Revan »

Borgholio wrote:
no criminal trials are judged there anyway.
So trial by jury is only used in civil or non-criminal cases?
that's how I remember it though I might be mistaken here's a link in English I could find, the terminology is different but I think this refers to the Finnish version of "trial by jury"
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Re: Innocent Texas man freed after 25 years in jail

Post by Edi »

The justice department appoints judges and prosecutors from among eligible candidates who apply for any vacant positions.

Käräjäoikeus does not actually mean trial by jury, it's the lowest tier of courts in Finland, handling both civil and criminal cases. The Court of Appeals (Hovioikeus in Finnish, literal translation Crown Court) is the next one from that and the Supreme Court is the highest court and its function is analogous to the SCOTUS.

You can get a very good basic overview from the Wikipedia page on the Finnish court system

I also misspoke earlier, since we don't have jury trials. The closest thing to that is the presence of lay judges in criminal cases, but they are also appointed according to certain criteria.

In case you need to look up any actual Finnish laws, Finlex is the place to go. The English language section is not quite as extensive as the Finnish and Swedish language one, but it is more than enough and then some to satisfy any casual curiosity.
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Re: Innocent Texas man freed after 25 years in jail

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The system of lay judges is a nordic/germanic system and should not be confused with juries.
http://en.wikipedia.org/wiki/Lay_judge
Lay judges in Sweden, Finland and Germany are all appointed by municipal councils.
Lay judges work together with a judiciary judge with the purpose of trying to find out the truth in court. This focus is completely different from trying to win/lose the case.
Lay judges are used in the lower tier courts, and then as you appeal up in the hierarchy they dissipate or dissapear with 'real' judges taking over completely.

The Swedish and Finnish systems are based on the same origin since they used to be the same country for about 550 years, the year 1734s law ,this is a completely different origin from napolean law. It was even used in Finland when it was a duchy under russia. But since scandinavian and continental law are so much more alike to eachother than the truly weirdness that is common law, they are usually lumped together in the misnomer Civil law.

The usage of lay judges and juries stem from the same thoughts though and that is the "judged by your peers" part. But where common law thought that this should mean whoever one can find who doesn't run away screaming, the interpretation in civil law was someone in good standing appointed by the local rulers - ie municipal councils. Since it is an appointment and a longer one the selection process of lay judges means that they can be trained on legal issues and are usually considered to be of a 'higher moral fiber'. Which is bs of course, but not when compared to the US.

A problem with lay judges being appointed by political party representatives is that both Finland and Sweden have some parties which are anti-immigrant and thus have anti-immigrant polititians appointed as lay judges. This gives some courts the same effect as the US as in convicting harsher along racist lines. In contrast in sweden during the 60s there was also the discussion of how communist lay judges would act and if they shouldn't be allowed, but after a scientific paper proved nothing of the kind and rather the opposite that debate dissapeared.

In Sweden but not so much in Finland and Germany the system of lay judges is heavily questioned and propositions to abolish it is plenty and frequent. However since being a lay judge is such a sweet position to get, both from a status and from a money point of view, for local polititians - it is hard for the ruling parties to revoke this system without angering their grass root polititians.
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