UPDATED at 3:25 p.m.
Eric Nichols, a lawyer for Anderson, called today’s proceedings “a completely one-sided view and discussion of Michael Morton’s prosecution and trial. This one-sided view is inconsistent with the facts and the law as it existed in 1986 and ’87,” when Morton was investigated and tried, he said.
Anderson complied with the trial judge’s order to produce one report by Sgt. Don Wood, a sheriff’s investigator, and Anderson complied with that order, Nichols said.
Nichols added that it was too early to determine if Anderson would oppose the request for a Court of Inquiry or would file a brief on the matter.
UPDATED at 3:15 p.m.
Judge Harle formally declared Morton an innocent man to a standing ovation from a standing-room only audience in the courtroom.
If you will now do me the honor of approaching the bench, please sir,” Harle said, leaving his seat to meet Morton in front of the bench. “I think you have probably had enough of judges looking down on you,” he added.
Harle approved a motion to dismiss Morton’s charges and presented him with a copy, saying, “It is an honor and privilege to sign and hand it to you. God bless you, Merry Christmas and enjoy your life.”
Morton shook Harle’s hand and kissed the paper, holding it aloft for the audience to see.
After the hearing, Morton told a crowd of reporters and cameras that he was not out for a pound of flesh.
“Revenge is a natural instinct, but it’s not my goal here. Just accountability,” Morton said. “I hope through all this we get a little something, We get some reform, some change. Just balance the books … level the playing field. We don’t want the prosecutors to to do anything special, but just to obey the law.”
”This is a happy day for me, obviously,” he said. “But let’s not forget that this was a horrible crime. My wife’s brains were splattered all over the bedroom ceiling. I lost all of my son’s youth; he’s 28 now.”
Adding that he lost his relationship with his in-laws and a quarter-century of his life, Morton concluded: “And yet this is a good day.”
UPDATED at 1:57 p.m. from the hearing in Georgetown.
Judge Sid Harle said today he will take Morton’s request for a Court of Inquiry under advisement, noting that he has read only half of the 144-page report and not all of the accompanying exhibits.
Harle also invited Ken Anderson’s lawyers to file a response to the request for a Court of Inquiry.
Lawyers for Michael Morton, recently released from prison after serving almost 25 years for a murder he did not commit, have filed a court report detailing the results of their investigation into allegations of prosecutorial misconduct.
The report (plus exhibits) attempts to make the case that former Williamson County District Attorney Ken Anderson acted improperly while prosecuting Morton for the 1986 murder of his wife, Christine.
Morton’s lawyers will discuss the report at today’s 1:30 p.m. hearing before District Judge Sid Harle in Georgetown.
Morton’s lawyers also will ask Harle to seek a Court of Inquiry to examine allegations that Anderson violated state law by suppressing evidence favorable to Morton and by failing to provide all documents requested by Morton’s trial judge. (Read today’s story about the Court of Inquiry here.)
If Harle agrees, another district would be appointed to lead the fact-finding court.
Anderson, now a district judge in Georgetown, has said he does not recall many of the details of the Morton prosecution but insisted that he did no wrong, instead blaming Morton’s conviction on a failing of the criminal justice system.
Today’s filing assailed Anderson for refusing “to taken any personal responsibility” for Morton’s wrongful conviction. “The problem in the Morton case is not that the system failed, but that Judge Anderson did not play by the rules,” the report said.
One of Anderson’s lawyers, Eric Nichols, said he will attend today’s hearing to determine how to respond to the report.
More to come from this afternoon’s hearing and in tomorrow’s print editions.