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Texas Man Imprisoned For Wife's Death To Be Freed

AP/The Huffington Post   First Posted: 10/03/11 03:27 PM ET Updated: 12/03/11 05:12 AM ET

Michael Morton
Michael Morton will be freed from jail after serving nearly 25 years for allegedly killing his wife in Texas.

GEORGETOWN, Texas (AP/Huffington Post); Texas prosecutors agreed Monday to release an Austin man sentenced to life in prison in the 1986 beating death of his wife in 1986 after new DNA tests showed another man was likely responsible.

Michael Morton's case will likely raise more questions about Williamson County District Attorney John Bradley, a Gov. Rick Perry appointee whose tenure on the Texas Forensic Science Commission has been controversial. Bradley has been critical of the commission's investigation of the Cameron Todd Willingham case. Willingham was executed in 2004 after being convicted of arson in the deaths of his three children, but experts have concluded the forensic science in the case was faulty.

The Innocence Project, a New York-based organization that specializes in using DNA testing to overturn wrongful convictions, has accused Bradley of suppressing evidence that would have helped clear Morton.

Morton was convicted on circumstantial evidence and sentenced to life in prison for his wife's August 1986 beating death. But new DNA tests done on a bandana found near Morton's home found blood from his wife and a California felon.

Authorities are now investigating whether that man was responsible for at least one other Austin slaying, that of Debra Jan Baker, who was bludgeoned to death in her bed in 1988. In fact, cold case investigators say they now believe the man may have been a serial killer who operated in the area in the 1980s.

A judge has said he would set terms for Morton's release, which is expected Tuesday or Wednesday.

District Judge Sid Harle said it was up to a court of appeals to make a final determination on overturning Morton's conviction.

Prosecutors claimed Morton became enraged and bludgeoned his wife, Christine Morton, when she wouldn't have sex with him following a dinner to celebrate his 32nd birthday.

Morton maintained his innocence, contending the crime was committed by an intruder.

The Innocence Project has claimed in court documents that Bradley, who has been the county's DA since 2001, suppressed evidence that strengthened Morton's case during the DNA proceedings. That evidence - a transcript of a police interview indicating that Morton's 3-year-old son said the attacker was not his father - was ultimately obtained by the Innocence Project through a request under the Texas Public Information Act.

Perry, the leading candidate for the Republican presidential nomination, appointed Bradley to the forensic commission in 2009. The Texas Senate refused to confirm him as head of the commission after he told reporters Willingham was a "guilty monster."

Bradley later succeeded in getting an attorney general's ruling limiting the scope of the inquiry. The science commission is due to release a report Oct. 14, but it will only offer guidance on investigating arson cases, not a ruling on the evidence in the Willingham case.

That case could become an election issue for Perry because a report indicating that the science in the Willingham case was faulty was submitted to his office as part of the appeals Willingham's lawyers filed before his execution.

Morton to be released from prison: kxan.com

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GEORGETOWN, Texas (AP/Huffington Post); Texas prosecutors agreed Monday to release an Austin man sentenced to life in prison in the 1986 beating death of his wife in 1986 after new DNA tests showed an...
GEORGETOWN, Texas (AP/Huffington Post); Texas prosecutors agreed Monday to release an Austin man sentenced to life in prison in the 1986 beating death of his wife in 1986 after new DNA tests showed an...
 
 
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09:59 AM on 10/26/2011
In my country (Argentina) a friend of mine named Carlos Carrascosa is in jail, sentenced to life, due to the prosecutor misconduct. The prosecutor deliberately ignored that DNA testing was negative and fabricated other evidence againts my friend.
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MNKen
You're not the boss of me...my cat is!
05:20 PM on 10/06/2011
Can you imagine if Perry were elected President, he could have Bradley as Attorney General. That would really get the execution chambers busy.
08:06 AM on 10/24/2011
People made the same comments about Bush. He executed a lot of people here in Texas but he didn't execute people as President... I'm not a Bush fan (Too young to vote for Al Gore, but I voted for John Kerry and Barack Obama) and I'm not a Rick Perry fan but these execution jokes are annoying and they distract from the real reasons not to elect the guy.
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JohnQpublic81
I like Jesus, it's his fan club that scares me
08:04 PM on 10/05/2011
He will receive $80,000 for every year he was in jail.

Does it bother anyone else that convictions are overturned so frequently in Texas that they have a set compensation for those wrongfully convicted.
11:36 PM on 10/05/2011
Nope. I looked up the innocence project ... 273 convictions have been overturned in 34 states. But the only ones get the focus are the ones from Texas.
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BlairCase
11:41 PM on 10/04/2011
The Travis County police matched the DNA on the bandana left 25 years ago at a construction site behind Michale Morton's house to a serial murder suspect being held in California. The Travis County cops thinks the California suspect murdered two Austin women. The serial murder supsect's lawyers will claim the Texas police planted the DNA evidence on the bandana. After all, the bandana tested negative for blood the first time around, but after 25 years it's suddenly covered with their client's blood. Sounds like a case for the Innocence Project.
12:00 PM on 10/05/2011
The bandana tested positive for blood in the 1980s, but blood antigens couldn't be detected. Therefore it couldn't be tied to anyone, not even to Ms. Morton.
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plotknsls
06:40 PM on 10/04/2011
Remember the lies, cover-up and fraud whe you see Perry's name on the ballot.
Send that fraud to a huge defeat.
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BlairCase
11:10 PM on 10/04/2011
Perry wasn't governor when Morton was convicted. The district attorney mentioned in the article wasn't the DA when Morton was convicted; he was only a year out of law school.
12:06 PM on 10/05/2011
Bradley opposed DNA testing on the bandana for six years, saying that it was too far from the crime scene to be pertinent to the case.

He has Perry's imprimatur as an opponent to testing DNA that could exonerate wrongfully convicted citizens.
06:13 PM on 10/04/2011
This is something I've never understood about our courts. How can some evidence be allowed in a court case and other isn't allowed? I've always thought everytime I hear about it happening that the judge and lawyers are skewing the case in a certain way. It always seems unethical to me. I'm not surprised to see this. I've often thought about how many THOUSANDS of innocent people in the history of our country have been executed when they've been innocent. Look at the THOUSANDS that the KKK alone killed. And Texas, they're probably the worst. People there don't have a prayer if a dirty cop says they did it. Thank heavens for this project, it's LONG been needed. This is the main reason I'm against the death penalty. How many times do we know for sure, 100% for sure the person is guilty? ONLY then should it be used.
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BlairCase
11:14 PM on 10/04/2011
The rules of evidence is pretty strict. Usually, the rules favor the defense. For example, the judge can often throw out evidence gathered without a search warrant or through an illegal wire tap. Hearsay testimony is forbidden. You can't get up in the witness chair and say, "Someone told me he saw the deferndant shoot the store clerk."
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KSpeir
09:32 AM on 10/05/2011
Opps, I mean Bradley. Anyway, shame on both.
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KSpeir
09:31 AM on 10/05/2011
Exactly what I think. Only if it is 100%; then death penalty qualifies. Sad to know this man spent all his younger years in prison. Also, shame on PERRY; why would a person not want new evidence in??? Thanks to the Innocent Project.
05:24 PM on 10/04/2011
John Bradley needs to go to Jail for disregarding factual evidence and building a false case. Why this is not criminal is in itself a crime.
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BlairCase
05:56 PM on 10/04/2011
Bradlely was not the DA when Morton was convicted. He was fresh out of law school and working for the Texas Supreme Court in Austin. The evidence against Morton seemed overwhelming. Morton claimed his wife was alive when he left for work in the morning. However, the medical examiner's office ruled she died around 1 a.m. The crime lab matched pubic hairs clutched in the dead woman's hand to Morton. There was a mountain of circumstantial evidence. The jury took only two hours to convict. The first DNA test of the bandanna produced no results. Morton had some incredibly bad luck. The medical examiner seems most at fault.
11:15 PM on 10/04/2011
Oh,, I got it your right but he "suppressed evidence" which could have exonerated the guy.
12:19 PM on 10/05/2011
The first DNA test was done in 2011 and is the only DNA test done, and it revealed only the DNA of the victim and the real killer. Bradley fought tooth and nail to prevent this testing. He may not be as bad as the original prosector, but his own professionalism is in question.

Bradley should consider himself lucky that this case broke now. If it happened closer to the election date in 2012, people would definitely vote him out. Passing time will probably mitigate the effects of the exoneration.
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KSpeir
10:13 AM on 10/05/2011
You're soooo right. This bad needs to be a LAW put on the books. Maybe there would be more honesty. When we hear about something like this, well that's a crime in itself. It's a shame that lawyers are protected even if they tell a flat out lie in court. That should not be. Just like Jose Biaz in Florida, he knew good and well that George Anthony never molested Casey, his daughter. However, George can't SUE his AS* off because of protection. You know that's not right. There needs to be a law put on the books!!! A person is not supposed to lie under oath...what's the difference???
05:00 PM on 10/04/2011
All you have to do in Texas is bat your eyelashes and your on death row. I lived for a long time and don't wish to move back.
If we had DNA back then, most of the men in prison would probably be free. I think prosecutor­s over look evidence, they get in a hurry to prosecute while everything is fresh in everyone's mind.
As Micheal Moton, there have been freed due to DNA, I hope he can get on with life, get a job and just enjoy what is left of his freedom.
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BlairCase
05:32 PM on 10/04/2011
Morton was never sentenced to death. In Texas, the death sentence may be imposed only when the crime meets very specific criteria, such as multiple murders or murders committed during the commission of a felony. You can't be sentence to death for murdering your spouse during an argument.
12:23 PM on 10/05/2011
Yes, he was very lucky. If he'd been sentenced to death, he'd already have been executed and no testing would ever have been done. Everyone would continue to assume he'd committed the murder.

Wonder how many people who were executed in Texas would have been exonerated if they'd lived long enough.
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KSpeir
09:35 AM on 10/05/2011
This has nothing to do with anything but he sure is a good looking man to have spent all these years locked up. It's a shame he missed all those years seeing his son grow up. I hope he sues for millions. He deserves it!!!
12:24 PM on 10/05/2011
He'll automatically get $80k per year for each year served. He'll get at least $2 mil. Hope he gets more.
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Tracee Collins
APATHY = COMPLICITY
03:55 PM on 10/04/2011
texas+caucaian=justice
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BlairCase
05:33 PM on 10/04/2011
The defendant was white.
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BlairCase
11:16 PM on 10/04/2011
Most exonerations in Texas have been black men, the victims of faulty eyewitness identification.
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roger g
When will we value people over money?
03:33 PM on 10/04/2011
Paragraph 3 here is George Bush's statement on the death penalty in Texas for those of you who doubt that he made such a statement---http://www.commondreams.org/views/061700-102.htm
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roger g
When will we value people over money?
03:36 PM on 10/04/2011
Everyone should read the whole page--only takes 2 minutes but a real eye opener on Texas justice--Actually lack thereof
05:28 PM on 10/04/2011
ok.... I read it. I think this goes on all over the US and the world. However, when we're talking the death penalty there should be an extra measure of certainty that does not appear to be followed. Seems lier lawyers get people executed.
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glers
ambidextrous winger
03:26 PM on 10/04/2011
Who prosecutes the prosecutors?
05:21 PM on 10/04/2011
I agree. What they did was a horrible crime.
12:41 PM on 10/05/2011
One of them is now a judge.
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California Granny
and family.
03:25 PM on 10/04/2011
There is something rotten in the judicial system in America, when prosecuters can make false claims and put a innocent man in jail for 25 years. That prosecuter must get his dues in spades and be put in jail himself for his false acccusations. WHAT THE H... IS GOING ON IN THIS COUNTRY, WHEN SO MANY INNOCENT PEOPLA ARE ACCUSED OF CRIMES THEY HAVE NOT COMMITED AND NOTHING IS DONE ABOUT IT. Is it truly so hard for these turkeys to admit they made a mistake and let the people with common sence deal with the cases and come up with the better solutions, instead of makin innocent men to take a blame.
That prosecutor was really lookin for a whopper of a feather in his cap when he went to those extremes. He belongs in the looney pen himself. Please, somebody do something about it.
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KSpeir
09:43 AM on 10/05/2011
You're right. And some walk free like Casey Anthony. Well, if Casey didn't do it, then who did? That's what blows my mind and you know good and well, CASE closed. Nothing solved. I bet the State of Florida nor anyone else gets a penny. Texas Equasearch (Tim Miller) needs his money back. Afterall, in the opening statement, it was plainly said Casey said Caylee drowned. The taxpayer in FL will be picking up this tab. Too many sent to prison that are innocent and too many set free for murder. One is too many.
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belldn3
Fascinated by red polish on women
03:17 PM on 10/04/2011
Are they going to compensate him for 25years of his life?
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traceymarie
the President is black, deal with it
10:00 PM on 10/04/2011
80 -85 thousand per year
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KSpeir
09:47 AM on 10/05/2011
He deserves millions! Besides his misery in prison, his son didn't have a daddy to raise him. Shame on Texas and then to read that Bradley didn't want this case reopened. What the hell is wrong with the TRUTH???
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belldn3
Fascinated by red polish on women
03:35 PM on 10/05/2011
Truth is the prosecution screwed up and they don't want to own up to responsibility that they screwed up.
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Mary Liz Bartell
DeColores! Ultreya! (onward)
03:15 PM on 10/04/2011
Shawshank Redemption part deux!
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SuperDaveOsborn
03:13 PM on 10/04/2011
IS ANYONE TRULY LISENTING OUT THERE IN BLOGGER WORLD ???

How many times does Super Dave Osborn need to tout the ABSOLUTE need for Professional Juries, who can "see" through all of the Prosecutor Bullshit and in FACT, be even given the POWER to recommend Criminal Action against prosecutors who withhold evidence just so they can WIN their case !

A few jailed prosecutors and WATCH how quickly the rest line up !!! I am so fed up up with a system that rewards participants on the basis of "wins" rather than " justice served " and THIS prosecutor should now be granted a 25 year sentence for ensuring an innocent man served this much time needlessly !
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ericg10101
THAT'S SOME BAD HAT, HARRY...
03:28 PM on 10/04/2011
But DA's and prosecutors are the pillars of society. Wouldn't we be undermining their authority if we held them accountable for their errors? Why, that would be analogous to impeaching a president. Not cool. We must support our leaders, right or wrong. Vote Socialist.
12:45 PM on 10/05/2011
In this case, exculpatory evidence was suppressed by the prosecution. Jurors can't see through something that supposedly doesn't exist.