Prosecutor gets 10 DAYS for withholding evidence that sent man to prison for 25 yrs

[Connery]

[

Clearly you do not get the whole debarment and what it means, which is fine I am satisfied with the outcome. Moreover, "the Michael Morton Act, which helps compel prosecutors to share files with defence lawyers that can help defendants’ cases" is a positive outcome in this matter. Cannot change the past only act to make things better in the future.

Yes of course - you always take the govt's side like the pathetic paid govt shill you are. If this lawyer had kidnapped a man and locked him up in a cage for 25 years, would you say 10 days penalty is adequate? Welll - if he's a govt official you would say YES!!

 

[Quantum Windbag]

Anderson, since he acted with willful malfeasance and intent to commit crime, can be sued by the person sent to the pen for 25 years.

He can make sure Anderson is putting the plaintiff's grand children through college before his own.

You should learn to read, this sentence settled all proceedings against Anderson, even the civil suit.

You should to learn to understand what you read. The state settled, not the ex-con. The latter can sue.

Really, QWB, you have to stop jumping the gun and acting out of your 'feelings' first. Consider the information.

The guy is not an ex con, he is innocent, and I already explained why he can't sue.

 

[Quantum Windbag]

I am not going to get hung up on the debarred lawyer he is taken care for the rest of his life. The authorities would be doing him a favor by giving him more jail time.

My concern is for who he screwed and how to help them.

That's who I'm talking about, 25 years gone, how again was justice served? You say that lifetime of embarrassment? You kidding? Unemployment, the guy is ready to retire, big deal.

This guy gets out 25 years later, no money, no home, no pension, since he put little into SSI, a very small check. Sad!

Clearly you do not get the whole debarment and what it means, which is fine I am satisfied with the outcome. Moreover, "the Michael Morton Act, which helps compel prosecutors to share files with defence lawyers that can help defendants’ cases" is a positive outcome in this matter. Cannot change the past only act to make things better in the future.

Ever here of Brady? It is a Supreme court decision that requires prosecutors to turn over all exculpatory evidence to the defense, and was in place at the time of the original trial, if that didn't stop this, why would a law make a difference?

 

[Quantum Windbag]

[q
Of equal (possibly greater) concern, though, is a misstep the Supreme Court made decades ago that reverberates today in the Thompson case. In a 1976 decision, the Court adopted the doctrine of prosecutorial immunity. Under this rule, prosecutors enjoy complete protection from suit for civil rights violations they may commit in the course of preparing or trying a criminal case.
]

Another example of the SC legislating even though the constitution says all legislative powers are vested in congress. States need to stand up and say we will not honor laws written by the supreme court.

You are mistaking "absolute" immunity for core prosecutorial functions with "qualified" immunity for associated functions. A prosecutor may be sued if he knows he was violating the constitutional rights of the accused.

Read Warren Brennan, J.D., Yahoo Contributor Network (2009) Suing the State: Prosecutor Immunity and Civil Rights Violations - Yahoo Voices - voices.yahoo.com

You are mistaking the ability to type with the ability to think. The case I posted forces the plaintiff to prove that the prosecutor has a pattern of withholding evidence with deliberate malice in order to breach qualified immunity.

 

[Connery]

That's who I'm talking about, 25 years gone, how again was justice served? You say that lifetime of embarrassment? You kidding? Unemployment, the guy is ready to retire, big deal.

This guy gets out 25 years later, no money, no home, no pension, since he put little into SSI, a very small check. Sad!

Clearly you do not get the whole debarment and what it means, which is fine I am satisfied with the outcome. Moreover, "the Michael Morton Act, which helps compel prosecutors to share files with defence lawyers that can help defendants’ cases" is a positive outcome in this matter. Cannot change the past only act to make things better in the future.

Ever here of Brady? It is a Supreme court decision that requires prosecutors to turn over all exculpatory evidence to the defense, and was in place at the time of the original trial, if that didn't stop this, why would a law make a difference?

Because is sends a resounding message throughput the legal community and this speaks to the entire file. The bill "requires prosecutors to give lawyers representing the accused any evidence that is relevant to the defense’s case. The intent of the bill, Ellis has said, is to ensure that key facts that could affect the trial aren’t hidden".

UPDATE: ?Michael Morton Act? signed into law - Texas Politics

 

[Quantum Windbag]

Clearly you do not get the whole debarment and what it means, which is fine I am satisfied with the outcome. Moreover, "the Michael Morton Act, which helps compel prosecutors to share files with defence lawyers that can help defendants’ cases" is a positive outcome in this matter. Cannot change the past only act to make things better in the future.

Ever here of Brady? It is a Supreme court decision that requires prosecutors to turn over all exculpatory evidence to the defense, and was in place at the time of the original trial, if that didn't stop this, why would a law make a difference?

Because is sends a resounding message throughput the legal community and this speaks to the entire file. The bill "requires prosecutors to give lawyers representing the accused any evidence that is relevant to the defense’s case. The intent of the bill, Ellis has said, is to ensure that key facts that could affect the trial aren’t hidden".

UPDATE: ?Michael Morton Act? signed into law - Texas Politics

Do you believe in unicorns?

 

[goong]

why is there an immunuty like this in the first place? Strikes me at first blush extremely stupid

 

[ShootSpeeders]

[
Because is sends a resounding message throughput the legal community and this speaks to the entire file. The bill "requires prosecutors to give lawyers representing the accused any evidence that is relevant to the defense’s case. The intent of the bill, Ellis has said, is to ensure that key facts that could affect the trial aren’t hidden".

Hey stupid. That's always been true. Ever hear of discovery?

 

[ShootSpeeders]

why is there an immunuty like this in the first place? Strikes me at first blush extremely stupid

The state says it makes prosecutors fearless, as if that's a good thing!!

Fact is it's just another case of govt officials looking our for each other.

 

[Papageorgio]

I am not going to get hung up on the debarred lawyer he is taken care for the rest of his life. The authorities would be doing him a favor by giving him more jail time.

My concern is for who he screwed and how to help them.

That's who I'm talking about, 25 years gone, how again was justice served? You say that lifetime of embarrassment? You kidding? Unemployment, the guy is ready to retire, big deal.

This guy gets out 25 years later, no money, no home, no pension, since he put little into SSI, a very small check. Sad!

Clearly you do not get the whole debarment and what it means, which is fine I am satisfied with the outcome. Moreover, "the Michael Morton Act, which helps compel prosecutors to share files with defence lawyers that can help defendants’ cases" is a positive outcome in this matter. Cannot change the past only act to make things better in the future.

Clearly I do, he can't practice law, big fucking deal, neither can I. He needs to be put away for ruining others lives for the sake of his fucked up ego. How many other people did he screw over? It is asshole like him that need to go to bang your ass prison, like he wrongly did to others.

And putting this SOB behind bars makes things better for the future.

And I know the Morton Act, it didn't help the guy who sat in prison for 25 years did it, it took the best part of his life away. He deserves to be able to sue the county and the state for unlawful imprisonment.

 

[jon_berzerk]

That's who I'm talking about, 25 years gone, how again was justice served? You say that lifetime of embarrassment? You kidding? Unemployment, the guy is ready to retire, big deal.

This guy gets out 25 years later, no money, no home, no pension, since he put little into SSI, a very small check. Sad!

Clearly you do not get the whole debarment and what it means, which is fine I am satisfied with the outcome. Moreover, "the Michael Morton Act, which helps compel prosecutors to share files with defence lawyers that can help defendants’ cases" is a positive outcome in this matter. Cannot change the past only act to make things better in the future.

Clearly I do, he can't practice law, big fucking deal, neither can I. He needs to be put away for ruining others lives for the sake of his fucked up ego. How many other people did he screw over? It is asshole like him that need to go to bang your ass prison, like he wrongly did to others.

And putting this SOB behind bars makes things better for the future.

And I know the Morton Act, it didn't help the guy who sat in prison for 25 years did it, it took the best part of his life away. He deserves to be able to sue the county and the state for unlawful imprisonment.

He deserves to be able to sue the county and the state for unlawful imprisonment

from my understanding he did receive a settlement

 

[auditor0007]

America has the worst legal system in the world. There is no justice when the state pays the judge, jurors, witnesses and defense attorneys.

Former Texas prosecutor to spend 10 days in jail for wrongful conviction | Al Jazeera America

November 8, 2013 6:36PM ET

Former Texas prosecutor and district court judge Ken Anderson agreed Friday to serve 10 days in jail, complete 500 hours of community service and give up his law license for hiding evidence in a 1987 murder trial that sent an innocent man to jail for nearly 25 years.

Anderson hid two crucial pieces of evidence from the defense team of Michael Morton, who was accused of beating his wife to death, which would have supported their theory that Morton’s wife Christine was killed by a stranger who came into the house via an unlocked back door, not her husband.

Wow, they gave him ten days. That's horrible that this poor old man should have to spend ten days in jail. He was just making sure Texas law worked as it was supposed to.

 

[auditor0007]

Clearly you do not get the whole debarment and what it means, which is fine I am satisfied with the outcome. Moreover, "the Michael Morton Act, which helps compel prosecutors to share files with defence lawyers that can help defendants’ cases" is a positive outcome in this matter. Cannot change the past only act to make things better in the future.

Clearly I do, he can't practice law, big fucking deal, neither can I. He needs to be put away for ruining others lives for the sake of his fucked up ego. How many other people did he screw over? It is asshole like him that need to go to bang your ass prison, like he wrongly did to others.

And putting this SOB behind bars makes things better for the future.

And I know the Morton Act, it didn't help the guy who sat in prison for 25 years did it, it took the best part of his life away. He deserves to be able to sue the county and the state for unlawful imprisonment.

He deserves to be able to sue the county and the state for unlawful imprisonment

from my understanding he did receive a settlement

The settlements most wrongly convicted people receive are relatively small. If the awards were much bigger, then things would change. For instance, this man should receive $2 million per year for his wrongful incarceration. I bet taxpayers would be looking for this former prosecutor to lynch him if they had to pay that kind of money. Hell, they might even hang him from a tree. Now that would be Texas justice.

 

[jon_berzerk]

Clearly I do, he can't practice law, big fucking deal, neither can I. He needs to be put away for ruining others lives for the sake of his fucked up ego. How many other people did he screw over? It is asshole like him that need to go to bang your ass prison, like he wrongly did to others.

And putting this SOB behind bars makes things better for the future.

And I know the Morton Act, it didn't help the guy who sat in prison for 25 years did it, it took the best part of his life away. He deserves to be able to sue the county and the state for unlawful imprisonment.

He deserves to be able to sue the county and the state for unlawful imprisonment

from my understanding he did receive a settlement

The settlements most wrongly convicted people receive are relatively small. If the awards were much bigger, then things would change. For instance, this man should receive $2 million per year for his wrongful incarceration. I bet taxpayers would be looking for this former prosecutor to lynch him if they had to pay that kind of money. Hell, they might even hang him from a tree. Now that would be Texas justice.

i dont think it should be pushed on the tax payers they are taxed enough


whatever assets the prosecutor had should awarded to the victim including pension plans

and whatever holdings they have

plus the prosecutor should serve day for day for knowingly withholding evidence

that would put a stop to it

 

[JoeB131]

Before we get into the full hysterics... here's the "evidence" that was hidden.

According to local newspaper The Austin American-Statesman, Anderson hid a typewritten transcript of an interview with Christine Morton’s mother, Rita Kirkpatrick, that revealed Morton’s 3-year-old son saw the murder take place, described the attacker as a “monster” and said Michael was not home during the attack.

Anderson also hid a police report about the suspicious behavior of an unknown driver of a green van who had on several occasions parked and walked into the wooded area behind the Morton’s home before the murder.

An unrelated police report and the testimony of a child?

The first question I would ask is, why didn't the mother-in-law approach the defense team and say, "Hey, I told the cops that little Billy was home and he saw someone else do it!"

 

[Connery]

That's who I'm talking about, 25 years gone, how again was justice served? You say that lifetime of embarrassment? You kidding? Unemployment, the guy is ready to retire, big deal.

This guy gets out 25 years later, no money, no home, no pension, since he put little into SSI, a very small check. Sad!

Clearly you do not get the whole debarment and what it means, which is fine I am satisfied with the outcome. Moreover, "the Michael Morton Act, which helps compel prosecutors to share files with defence lawyers that can help defendants’ cases" is a positive outcome in this matter. Cannot change the past only act to make things better in the future.

Clearly I do, he can't practice law, big fucking deal, neither can I. He needs to be put away for ruining others lives for the sake of his fucked up ego. How many other people did he screw over? It is asshole like him that need to go to bang your ass prison, like he wrongly did to others.

And putting this SOB behind bars makes things better for the future.

And I know the Morton Act, it didn't help the guy who sat in prison for 25 years did it, it took the best part of his life away. He deserves to be able to sue the county and the state for unlawful imprisonment.

The Morton Act is named for the Micheal Morton who was incarcerated and passed after he was released...could not help him at the time... now the act can help others.


Here are the facts: "Another former prosecutor who worked for Anderson around the time of the murder trial said his boss made a point of not calling police officers as witnesses so that he could avoid releasing their notes, reports the Associated Press.

"He said the reason was, you have a duty to turn over any notes, any files in the case," testified Doug Arnold, who is now a judge in another area of the state, on Wednesday. "But if you don't call that witness, the other side can't have access to those reports on the witness stand or in the court room."

Critical murder case evidence was withheld by then-DA, defense lawyer tells court of inquiry

 

[JoeB131]

let's agree, this prosecutor wasn't professional. But, hell, it's Texas.

All that said, part of the problem here is that prosecutors are graded on their conviction rate, cops are graded on their case closed rate, and public defenders are usually the lowest rung on the legal food chain.

I'm actually surprised that this doesn't happen more often.

 

[ShootSpeeders]

[

The settlements most wrongly convicted people receive are relatively small. If the awards were much bigger, then things would change. For instance, this man should receive $2 million per year for his wrongful incarceration. I bet taxpayers would be looking for this former prosecutor to lynch him if they had to pay that kind of money. Hell, they might even hang him from a tree. Now that would be Texas justice.

Damn right. As with all crimes, when the penalty is slight, the crime continues. Lock up this prosecutor for 25 years and give his victim a bundle.

 

[Papageorgio]

Clearly you do not get the whole debarment and what it means, which is fine I am satisfied with the outcome. Moreover, "the Michael Morton Act, which helps compel prosecutors to share files with defence lawyers that can help defendants’ cases" is a positive outcome in this matter. Cannot change the past only act to make things better in the future.

Clearly I do, he can't practice law, big fucking deal, neither can I. He needs to be put away for ruining others lives for the sake of his fucked up ego. How many other people did he screw over? It is asshole like him that need to go to bang your ass prison, like he wrongly did to others.

And putting this SOB behind bars makes things better for the future.

And I know the Morton Act, it didn't help the guy who sat in prison for 25 years did it, it took the best part of his life away. He deserves to be able to sue the county and the state for unlawful imprisonment.

The Morton Act is named for the Micheal Morton who was incarcerated and passed after he was released...could not help him at the time... now the act can help others.


Here are the facts: "Another former prosecutor who worked for Anderson around the time of the murder trial said his boss made a point of not calling police officers as witnesses so that he could avoid releasing their notes, reports the Associated Press.

"He said the reason was, you have a duty to turn over any notes, any files in the case," testified Doug Arnold, who is now a judge in another area of the state, on Wednesday. "But if you don't call that witness, the other side can't have access to those reports on the witness stand or in the court room."

Critical murder case evidence was withheld by then-DA, defense lawyer tells court of inquiry

Sorry, I hold these prosecutors at moral obligation because of the power they yield. They are obligated by their oath. The son of a bitch deserves 25 years. He knowingly withheld information or evidence that could have let a grieving innocent man go free.

 

[JakeStarkey]

When you learn to use the quote function, get back to us, SS.

You are not a constitutional scholar, SCOTUS is the decider, so you move along.