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(CNN)   Man imprisoned for 25 years for killing his wife exonerated. Focus shifts back to one-armed man   (cnn.com) divider line 96
    More: Spiffy, exculpatory evidence, University of Michigan Law School, Yeshiva University, criminal contempt, Innocence Project, wrongful convictions, law license, defense lawyers  
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3512 clicks; posted to Main » on 04 Dec 2013 at 10:56 AM (31 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-12-04 10:58:02 AM
But what about Bob?
 
2013-12-04 10:58:44 AM
5 whole days in jail for a prosecutor hiding multiple pieces of evidence. Nice.
 
2013-12-04 10:59:12 AM
Solution: Mandatory death penalty for all wrongful convictions.
 
2013-12-04 11:00:30 AM
His wife was exonerated after he killed her.
 
2013-12-04 11:01:03 AM
Williamson County. A great Sea of Derp next to the liberal den that is Austin.
 
2013-12-04 11:03:50 AM
www.earnestandshallow.com
is relieved
 
2013-12-04 11:04:18 AM
Be careful, this involves the cover up of some funny new drug on the market, buyers beware!
 
2013-12-04 11:08:12 AM
The drummer from Def Leopard only has one arm!
 
2013-12-04 11:09:16 AM
Morton asked a judge to "do what needs to be done, but at the same time to be gentle with Judge Anderson."


Holy shiat, this guy.

I'd want the prosecutor's house burned down with all of his belongings inside.

There are some people that just need to die.
 
2013-12-04 11:09:25 AM
DA, judge, jurors, cops no this case.
Go eat your guns.
 
2013-12-04 11:10:27 AM
If the prosecutor hadn't pushed for and gotten a conviction, he might have been seen as "soft on crime."

Just think of how bad it would have been for his career!

Stories like this are why I can't support the death penalty.
 
2013-12-04 11:10:40 AM
Hey, but the District Attorney got one in the "win" column, anyway, right? That's all that matters to them.
 
2013-12-04 11:11:03 AM

give me doughnuts: I can't support the death penalty.


I support it for prosecutors.
 
2013-12-04 11:11:03 AM

bulldg4life: 5 whole days in jail for a prosecutor hiding multiple pieces of evidence. Nice.


Well, there's also the loss of his law license. That's gonna limit his career options.
 
2013-12-04 11:11:51 AM
Last month, Anderson -- Morton's prosecutor who in 2001 became a judge -- pleaded no contest to criminal contempt for deliberately withholding exculpatory evidence.

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, ... also agreed to a $500 fine, 500 hours of community service, and the loss of his law license


Let's see, you get a guy wrongfully convicted and imprisoned 25 years and you spend 5 days in jail.  Seems about right.
 
2013-12-04 11:12:14 AM
www.cinemareview.com
 
2013-12-04 11:13:29 AM
Charge the man with negligent homicide for the other murder he allowed.
 
2013-12-04 11:13:52 AM
<CTRL+F> "Texas"

Yup.
 
2013-12-04 11:14:19 AM
The part that gets me is that when these prosecutors get busted withholding evidence and putting innocent people in jail, they say "the system failed." The abject lack of personal responsibility on their parts, just like with that lab tech who sabotaged evidence is just mind boggling. Tag on to that the jurors who "felt like they were doing justice for X"... the reality is, they saw she got brutally murdered, then thought "we've gotta punish someone for this" and in walks a morally bankrupt prosecutor who presents them with "someone." I mean, you want to ask the jurors... what evidence did you see that was so compelling that you thought he was guilty beyond a reasonable doubt?

The worst part is, he's glad it wasn't a capital case... but it just as easily could have been, and the prosecutor and jurors would all have been glad to murder an innocent person.
 
2013-12-04 11:17:50 AM
So the prosecutor withholds evidence that not only allows him to convict an innocent man but the real killer stays free and then goes on to kill other people.  Prosecutor deserves to spend the rest of his life in prison.  He owes apologies to more than just one family.
 
2013-12-04 11:21:14 AM

firefly212: The part that gets me is that when these prosecutors get busted withholding evidence and putting innocent people in jail, they say "the system failed." The abject lack of personal responsibility on their parts, just like with that lab tech who sabotaged evidence is just mind boggling. Tag on to that the jurors who "felt like they were doing justice for X"... the reality is, they saw she got brutally murdered, then thought "we've gotta punish someone for this" and in walks a morally bankrupt prosecutor who presents them with "someone." I mean, you want to ask the jurors... what evidence did you see that was so compelling that you thought he was guilty beyond a reasonable doubt?

The worst part is, he's glad it wasn't a capital case... but it just as easily could have been, and the prosecutor and jurors would all have been glad to murder an innocent person.


Yes, but re-read your post.  They system DID fail.  A corrupt prosecutor you can get past.  A crap jury can be overruled.  A weak judge can be overcome.  A lab tech destroying evidence is bad, but you still need solid evidence to get a conviction.  It's the failure of all of these together that put him in jail.  The checks and balances is what failed.  The system will always be run by people, and therefore flawed.  But it's a problem of herd immunity - one isn't a problem.  But when half of the system fails to do its part, innocent people have 25 years of their life stolen.
 
2013-12-04 11:21:25 AM
"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."

That's where the judge should have stepped in and dismissed the case on lack of evidence. This is why I hope like hell I never have to be tried for a crime. Sorry but putting my fate in the hands of 12 morons chosen at random is not what I call a fair trial.
 
2013-12-04 11:21:44 AM

Because People in power are Stupid: Solution: Mandatory death penalty for all wrongful convictions.


Not all wrongful convictions happen because of a crooked prosecutor or incompetent defense. Sometimes that's just where the evidence points.
 
2013-12-04 11:23:27 AM

Fluid: bulldg4life: 5 whole days in jail for a prosecutor hiding multiple pieces of evidence. Nice.

Well, there's also the loss of his law license. That's gonna limit his career options.


He can still be president.
 
2013-12-04 11:24:31 AM
From another article:

Morton's attorneys announced afterward that there will be an audit of all cases handled by Anderson to look for other instances of misconduct. The audit will initially focus on people still serving jail time.


I get the feeling this isn't going to be the last time our buddy Anderson sees a day in court.
 
2013-12-04 11:24:58 AM
"I don't care!"
 
2013-12-04 11:26:30 AM
One of my greatest fears in life is somehow winding up in prison for a crime I didn't commit.  I have absolutely no faith whatsoever in the system, and that's a scary place to be.
 
2013-12-04 11:27:47 AM

ReapTheChaos: "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."

That's where the judge should have stepped in and dismissed the case on lack of evidence. This is why I hope like hell I never have to be tried for a crime. Sorry but putting my fate in the hands of 12 morons chosen at random is not what I call a fair trial.


You can always go for a bench trial.  Typically doesn't go well for the defendant, but it's an option if you think the legal merits outweigh the emotional impact of the case.
 
2013-12-04 11:30:35 AM
The extremely light sentence the Prosecutor/ Judge got in this case for DELIBERATELY withholding exculpatory evidence says all we need to know about the attitude the government has toward the citizens these days. Five days and loss of a law license for a quarter-century of illegal imprisonment. This doesn't even vaguely resemble justice. This poor man lost his wife, his son, and the best years of his life through the deliberate malfeasance of a government agent, and some asswipe thinks five days is justice...
 
2013-12-04 11:31:00 AM
"the system failed"-I will agree here. It failed because it doesn't punish complete scumbags like the Prosecutor who had no problem sending a amn to jail he knew to be innocent. It failed becasue there is almost no punishment for sending an innocent man to jail for 25 years, when if you had been honest and doen your job correctly never would have happened, and could have stopped another murder.


"I've beaten myself up on what I could have done different and I don't know"- You could not have witheld evidence you absolute worthless piece fo shiat. Scratch that, less than worthless. You took 25 years from an innocent man and made it easier for a murderer to walk.
 
2013-12-04 11:31:58 AM

Fluid: Well, there's also the loss of his law license. That's gonna limit his career options.


What does 25 years in prison do to your career options?
 
2013-12-04 11:35:17 AM
I am opposed to the death penalty, but this prosecutor's(later judge, great) acts make rational thought vanish. Stake this f***er over a fire ant hill, coat him in honey, and leave him for the buzzards.
 
2013-12-04 11:35:23 AM

nekom: One of my greatest fears in life is somehow winding up in prison for a crime I didn't commit.  I have absolutely no faith whatsoever in the system, and that's a scary place to be.


Could be worse, you could be in Picksberg, PA.
 
2013-12-04 11:38:25 AM

Fluid: bulldg4life: 5 whole days in jail for a prosecutor hiding multiple pieces of evidence. Nice.

Well, there's also the loss of his law license. That's gonna limit his career options.


Fortunately he's around retirement age anyways.

ktbc.images.worldnow.com

This guy put innocent people in jail but didn't get caught, so it led him on a successful career for 25+ years.  When caught, he spent 5 days in jail, $500, and 3 months of community service and decided to retire.  So the lesson here is go ahead and wrongfully send innocent people to jail, it'll send you on a great career path and you'll get a tiny slap on the wrist if you ever get caught!
 
2013-12-04 11:39:54 AM

bulldg4life: Fluid: Well, there's also the loss of his law license. That's gonna limit his career options.

What does 25 years in prison do to your career options?


Good point. I wonder if this guy's gonna see compensation for that.
 
2013-12-04 11:40:55 AM
So what do the pro-death penalty "kill them the day after the trial" nuts think about stories like this? Probably nothing.
 
2013-12-04 11:42:06 AM
Ok, so Judge Ken Anderson is an Asswipe.
I think we can all agree on that.

Here's to him being in a nursing home with a twisted version of nurse Buck in the future.
 
2013-12-04 11:42:29 AM
Prosecutor has a duty to turn over evidence favorable to the defense.
The case against Anderson turns on one key piece of evidence: the defense was not notified that the three year old child said that a "monster" killed mommy.
The statements of a three year old child are not admissable in court.  A three year is not competent to testify... so arguably the statement is not evidence favorable to the defense... they couldn't use the statement so is it really evidence?  How would that have prevented the false conviction?
That said, having the prosecutor decide what is favorable to the defense is the fox guarding the chicken coop.  The defense attorney should have access to everything the prosecutor has, even if it is inadmissible and even the identity of confidential informants.  Its only fair.
 
2013-12-04 11:43:50 AM
You have to be a certain type of soulless sociopath to be able to live with yourself for sending someone up for 25 years because you withheld evidence. Like Dick Cheney level.
 
2013-12-04 11:46:34 AM
I wonder if Barry Scheck considers that he's made up for his work in the OJ case? He's been doing good for a long time since that trial, but I wonder if that is part of what is driving him? Not only is he getting justice for the wrongfully convicted, he's also trying to atone for helping to get an obviously guilty man off.

Nowadays we know that poor handling of DNA doesn't magically transform one person's DNA into another person's DNA, but back then, it was enough to confuse the jury. But even then, he did help make sure that DNA would be gathered and handled properly in other cases because of the outcome of that trial.

Still, atonement is a good thing, and Barry Scheck has been a force for good ever since. All hail the Innocence Project.
 
2013-12-04 11:46:41 AM
I've said it here on Fark before, and I'm going to say it again: THIS is why juries are so important, and that the balance of "reasonable doubt" needs to be tipped overwhelmingly in favor of the defendant. Every. Single. Time. Everybody else is on the same team. The police, Prosecutor, Judge, Bailiff, and even Public Defenders are all supposed to be charged with seeing that justice gets served, but what they really amount to these days is a bunch of self-serving political aspirations moving poor shmucks through the system as rapidly and cheaply as possible, damn the consequences, as long they aren't the ones having to suffer the consequences. When one of them has to pay the price for a monumental DELIBERATE fark-up that costs an innocent citizen a substantial portion of their life, they close ranks and shield that one of "their own" from the full brunt of the consequences. This judge is no better than that guy who illegally imprisoned those three women for 10 years. No better. Yet, he gets 5 days???

Jury Nullification. Because the jury is the very last defense a defendant has against the self-serving government juggernaut.
 
2013-12-04 11:48:07 AM

nekom: One of my greatest fears in life is somehow winding up in prison for a crime I didn't commit.  I have absolutely no faith whatsoever in the system, and that's a scary place to be.


Word up. I have this recurring nightmare cribbed from "The Fugitive" where several Tommy Lee Jones-types are hunting Biscuits down. farking sucks.
 
2013-12-04 11:48:22 AM

Mugato: So what do the pro-death penalty "kill them the day after the trial" nuts think about stories like this? Probably nothing.


Should be applied to the prosecutor.
Also I'd prefer death to 25 years in jail.
 
2013-12-04 11:49:17 AM

vudukungfu: Ok, so Judge Ken Anderson is an Asswipe.
I think we can all agree on that.

Here's to him being in a nursing home with a twisted version of nurse Buck in the future.


This nurse would know how to deal with the judge...

24.media.tumblr.com
 
2013-12-04 11:50:03 AM

Mugato: So what do the pro-death penalty "kill them the day after the trial" nuts think about stories like this? Probably nothing.


"If they'da just executed him, we wouldn't have this problem, now would we? Now we had to have a second trial, and we're throwin' good money after bad. Lower my taxes!"
 
2013-12-04 11:52:24 AM

macadamnut: <CTRL+F> "Texas"

Yup.


Texas, Maine, whatever.  Wherever you go, there they are.
 
2013-12-04 11:53:00 AM
God just plain farked up when he made Texas,
 
2013-12-04 11:58:28 AM

Cathedralmaster: God just plain farked up when he made Texas,


You know what? I'm going to give Texas a pass on this one. They didn't execute him. This was a clear fark-up made possible by the governmental power vested in a single dishonest person, and then the systemic corruption that allowed him to reap a lifetime of reward, and then escape punishment in the basis of his identity as a government servant, once his dishonest actions were brought to light..
 
2013-12-04 11:59:27 AM

firefly212: The worst part is, he's glad it wasn't a capital case... but it just as easily could have been, and the prosecutor and jurors would all have been glad to murder an innocent person.


Proving the death penalty is all about a need for revenge, not justice.
 
2013-12-04 12:00:01 PM
The defense attorney should have access to everything the prosecutor has, even if it is inadmissible and even the identity of confidential informants.

Stepping into daaaangerous territory with this one.
 
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