Judge: No recall of wrongful conviction evidence - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

Judge: No recall of wrongful conviction evidence

Hours of videotaped testimony by former Williamson County District Attorney Ken Anderson was played during day two of Anderson's Court of Inquiry in which a judge will decide if Anderson is guilty of withholding evidence during Michael Morton's 1987 trial. Morton spent 25 years in prison for killing his wife until DNA evidence cleared him of any wrongdoing.

During Anderson's 2011 deposition Anderson spoke about Morton's wrongful conviction and how he and Morton's former defense attorneys should have discussed the case years ago.

"Council, I'm sick about this whole thing," Anderson told Morton's attorneys with the Innocence Project. "You know it's your worst nightmare to have somebody who's innocent get convicted. White and Allison and I should have sat down 15 years ago and figured out what the heck was going on. I don't know how we got this far, but something different should have happened."

Morton was in the courtroom Tuesday and says the testimony was tough to sit through. "Today was difficult. The tape speaks for itself. It was upsetting. I still want answers, I think the process will continue."

During the deposition Morton's attorney's questioned Anderson about the transcript of a conversation between Morton's mother-in-law and his then 3-year-old son, Eric, who said that it was a "monster that hurt mommy." That conversation was never brought up during the 1987 trial.

Tuesday, a former Williamson County Assistant District Attorney was called to the stand to testify about that transcript. Kimberly Gardner told the court she remembered a conversation prior to the trial in which Anderson spoke about what Morton's said had said.

"It was clear from Mr. Anderson, from what Mr. Anderson described, was the monster Eric had seen and was describing in his statement was not his father," said Gardner.

She says that's when Anderson came up with the theory that Morton may have been wearing his wetsuit during the murder which was why his son did not recognize him.

"Mr. Anderson said Morton was a skin-diver and he hypothesized that it was possible Morton wore the suit while killing his wife which explain why no bloody clothes of Morton's were found."

That's the story prosecutors stuck with during the trial, which eventually led to Morton's wrongful conviction. The hearing continues Wednesday in Williamson County. A judge can decide if Anderson will face any criminal charges.

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