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Prosecutor misdeeds may have let killer kill again

By Will Weissert

Associated Press

Published: Thursday, Oct. 13 2011 1:10 a.m. MDT

In this photo taken Oct. 4, 2011, Michael Morton is freed from a life sentence after recent DNA tests linked Christine Morton's murder to a felon identified only as John Doe in court records because he is not in custody. A Texas appeals court on Wednesday, Oct. 12, 2011 formally exonerated Morton who spent nearly 25 years in prison for his wife's 1986 fatal beating, reaffirming a judge's decision to set him free last week.

Austin American-Statesman, Ricardo B. Brazziell) MAGS OUT; NO SALES; INTERNET AND TV MUST CREDIT PHOTOGRAPHER AND STATESMAN.COM, Associated Press

AUSTIN, Texas — Caitlin Baker was 3 when her mother, Debra, was beaten to death and left naked in bed in her Austin home. Although the pain of the loss has faded in the 23 years since, her anger that her mother's killer was never caught has not.

Less than two years before that January 1988 slaying, unbeknownst to all but a few people until recently, the mother of another woman bludgeoned to death in bed during an attack at her home about 15 miles away told an investigator that her 3-year-old grandson watched a "monster" do the killing, not his father, as police suspected. She urged him to pursue other leads, but her daughter's husband, Michael Morton, was instead convicted of murder and sentenced to life.

New DNA testing linked the killings of Debra Baker and Christine Morton to another man with a prison record in several states. Police have not publicly identified the suspect, who they are trying to locate, but his genetic links to both slayings led to Morton's release from prison last week after nearly 25 years behind bars, and his formal exoneration by an appeals court on Wednesday.

But lawyers for the Innocence Project, a New York-based group that spent years fighting for DNA testing in Morton's case and the release of his police case files, say he likely never would have been convicted if the prosecutor in charge of the case hadn't withheld key evidence from the defense, including his mother-in-law's statements. And if, as the lawyers contend, investigators disregarded and hid evidence that cast doubt on Morton's guilt, could they have more doggedly pursued leads that might have helped them prevent Baker's killing?

In filings before state District Judge Sid Harle, the Innocence Project has alleged misconduct by Ken Anderson, now a sitting judge in Williamson County just north of Austin, who was the county's district attorney at the time, and prosecuted Morton's case. The charges could lead to the state bar taking disciplinary action against Anderson, or Harle himself possibly urging state and federal prosecutors to investigate, said Barry Sheck, the Innocence Project's co-founder.

"I think everybody can see how offensive this conduct is, if true," Sheck said. "I am profoundly troubled by this. Profoundly troubled, and determined to get answers."

Baker called the allegations "unthinkable."

"I would certainly hope that if it's true, there's some sort of consequence. But I don't think that would happen," she said. "I don't have a lot of faith in the Williamson County justice system. They couldn't do it 25 years ago. Why would they do it now?"

Ken Anderson, who was appointed to the bench in 2002 by Gov. Rick Perry, did not respond to several requests made through his court administrator to discuss the Morton case and address the allegations. Police Sgt. Don Wood, who led the investigation, has since retired and could not be located for comment.

John Bradley, the current district attorney for Williamson County, said the Innocence Project's charges "are just allegations. No one has offered any proof."

He added, "these are matters that will likely be investigated, but let's not get ahead of ourselves."

Morton, who has declined to be interviewed until Wednesday's ruling exonerating him officially takes effect next month, told investigators that his wife and son were fine when he left for work at an Austin Safeway on August 13, 1986, and that an intruder must have later forced his way in and killed her. He was convicted on circumstantial evidence.

Morton steadfastly maintained his innocence, and he enlisted the support of the Innocence Project, which specializes in helping prisoners overturn wrongful convictions through DNA testing.

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