An ex-prosecutor, who is now a judge, is accused of hiding exculpatory evidence.
AUSTIN, Texas- New DNA testing and the release of case files from an earlier slaying suggest that a prosecutor, who is now a judge, may have withheld evidence that could have implicated the man suspected of killing her mother - before she was killed.
"I was young when my mom died, so it's not as painful," said Baker. "It's just not knowing that really bothers me."
Last week, former grocery store inventory manager Michael Morton was freed after serving nearly 25 years of a life sentence on a wrongful conviction for killing his wife, Christine, in August 1986. Just like Baker, she was found beaten to death in her bed. New DNA testing on evidence collected after both killings linked them to a man with a long arrest record in several states. Authorities are trying to find the suspect, who they haven't publicly identified, and they haven't said whether he's suspected in any other killings.
Authorities discovered the DNA connection in the two cases after Morton's Houston-based attorney, John Raley, teamed up with the New York-based Innocence Project and spent years battling for additional testing of a bloody bandanna found near the Morton home. But they now also allege that Morton may never have been convicted if the former prosecutor who tried the case, Ken Anderson, hadn't concealed key evidence from the defense - potentially leaving the true killer free to strike again.
Among the evidence Morton's lawyers say Anderson concealed from the defense was a statement that Christine Morton's mother gave to the lead investigator, police Sgt. Don Wood. She told Wood that her grandson said he watched his mother get killed and that her attacker was a "monster," not his father, as police suspected. She implored Wood to try to find this monster.
They say Anderson also didn't tell Morton's defense lawyers that Christine Morton's credit card was used in San Antonio two days after her death and that a forged check in her name was cashed several days later. Michael Morton testified during his trial that his wife's purse had been taken from the home.
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. Wood has retired and could not be located for comment.http://hosted.ap.org/dynamic/stories/U/US_TEXAS_PRISONER_FREED?SITE=WDUN&SECTION=HOME&TEMPLATE=DEFAULT