District Court judge Ken Anderson has submitted his resignation.
The resignation letter was sent to the Governor's Office Monday. It is one sentence long. In Governor Perry's acceptance letter he says he's grateful for Ken Anderson's service to the state of Texas.
Anderson was sworn in as a District Judge in 2002. Before that he served as a Williamson County District Attorney for 16 and a half years and as Assistant District Attorney for five and a half years.
Anderson prosecuted Michael Morton in 1987 for the murder of his wife. Morton was exonerated in 2011 based on DNA evidence and Anderson now faces criminal charges
In April, a court of inquiry determined Anderson intentionally concealed evidence favorable to Morton's defense. Mr. Morton's attorneys by Barry Scheck and John Raley provided us with this comment:
"Judge Ken Anderson's resignation is long overdue, and we have little doubt that the voters would not have reelected him in next year's contest. He still admits no wrongdoing and shows no real remorse, claiming it was ‘the system' not Ken Anderson, that failed Michael Morton. We look forward to an adjudication of the pending disciplinary action brought by the state bar as well as the pending criminal charges. Judge Anderson deserves a fair trial, but if there are findings against him in either proceeding, we would expect that appropriate penalties be imposed."
Morton's attorneys claim the evidence kept from them during trial include statements from Morton's son, who witnessed the killing, saying his father was not responsible and interviews with neighbors who told authorities they saw a man park a green van close to the Morton home before the slaying.
According to the Employees Retirement System of Texas, a member who is impeached or removed from office for official misconduct may not receive benefit payments. A representative with the Retirement Benefits for Judicial Officers says Anderson will not lose his retirement benefits because he's already stepped down.
A trial date for Anderson has not been set. If convicted he could face 10 years in prison.