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Prosecutor Sued for Withholding Evidence, Keeping a Man in Prison for 25 Years


Prosecutor Sued for Withholding Evidence, Keeping a Man in Prison for 25 Years

by Dr. Artemesia Stanberry

Texas Bar Association Sues Prosecutor and Why We Should Care

What a headline.  It is a welcomed headline for those of us fighting wrongful convictions.  Michael Morton spent 25 years in prison for crimes he did not commit.  Before Morton was convicted, then Williamson County, Texas District Attorney Ken Anderson apparently had evidence that could prove Morton’s innocence before his trial, but did not reveal the evidence to his attorney, nor to the jury.  For twenty-five long years, Morton lived in a prison, deprived of his freedom, his family, and his finances, while Ken Anderson went on to become a judge, basking in the number of convictions that secure promotions in the convict at all cost culture that exists in far too many district attorney offices.

Anderson’s successor continued to deprive Morton of his rights as a human being who should never be confined for crimes not committed by denying him an opportunity to get DNA testing on a bandana that could prove his innocence; this is after Morton spent nearly two decades in prison.  It was when the DNA was actually tested that Morton was able to walk out of prison an innocent man.  During his time in prison, he not only had to live with the title of wife killer, but he also saw his own son, on his 18th birthday, change his name; his son had been convinced by Morton’s in-laws that his dad murdered his mother.  Imagine what that was like.  Morton said that one day when he was at his lowest moments that he relied on his faith one last time. “A God if you are listening to me please show yourself” type of moment. He reports that he received the sign that he was looking for and that is what carried him throughout the remainder of the time he spent in prison ((

What also happened while Morton was arrested and the sole focus of the investigation is that the person who actually killed Morton’s wife, Christina, is suspected of killing another female in the same mode as Morton’s wife was murdered. This individual will soon be tried for the death of Christina Morton- more than 25 years later, 25 years after her husband and father of her child spent a nightmarish time in prison as an innocent man. The family of the woman later killed by Christina Morton’s killer felt betrayed because if law enforcement hadn’t focused on Morton and followed leads, their loved one likely would not have been brutally murdered. The victim’s family in that case supported the opponent of Anderson’s successor and he lost in the Republican Primary in Williamson to Jana Duty (

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Is it Time to Stop Coddling Prosecutors Who Behave Badly?

Recently, CNN reporter Don Lemon sent the following tweet:

Don Lemon@DonLemonCNN

Did u see the video of detroit bus driver punching the unruly passenger? Is it time to stop coddling people who behave badely? Now on #CNN  (Saturday, October 20, 2012)

My response:

Artemesia Stanberry@artiestan

@donlemoncnn Texas Bar sues prosecutor over wrongful conviction. Should we stop coddling prosecutors? … #prison

I replied that the Texas Bar Association is suing a prosecutor for his role in sending and keeping an innocent man in prison.  When are we going to stop coddling prosecutors who misbehave badly?  Of course I got no response, but I think this is a question that society must address.  There are far too many innocent people in prison- one is too many (   The victim’s family in Williamson County understood far too intimately the consequences of the convict at all cost mentality- when the wrong person is convicted, the actual perpetrator of the crimes goes free.  Willie Grimes, who served more than 2 decades in prison for a crime he did not commit was recently exonerated by the North Carolina Actual Innocence Commission- another entity needed in EVERY STATE.  The police actually had another suspect before Grimes went to the police station because he heard they were looking for him, only to be deprived of the opportunity to return to his home for more than two decades. The actual rapist was not immediately apprehended, thus his crime spree continued.  Damon Thibodeaux  became the 300th person exonerated via the use of DNA testing ( Thibodeaux spent 15 years on death row, in solitary confinement in one of the most notorious prisons in the country- Angola. No one was ever convicted for the actual murder for which he served all of these years.

If law enforcement would follow the evidence and not a theory, more criminals would be convicted and more innocent people will be able to continue to live their lives as productive citizens without being scarred for life, without bearing the burden of criminal, inmate, a number, a scourge of the earth.  I once wrote a blog entitled “The Prosecutor and the Criminal” because of the ways in which some prosecutors behave to get a conviction.  So, again, when Mr. Lemon asks when will we stop coddling people who engage in bad behavior, I ask when will we stop coddling prosecutors who behave badly?

Artemesia Stanberry, Ph.D.

Advocate for Rodney K. Stanberry, who remains in prison for crimes he did not commit. and a longer version of this guest column can be found at

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  1. Kim

    October 26, 2012 at 9:36 am

    I too am going through this with my son whose freedom been lost now for over 13 years. Prosecutors have No evidence, and my son was in another state when this Phila murder occurred. But because a group of so called ppl were tying to protect their own they set my son up stating he was there. THe true murderer was found and admitted to the crime but my son still sets. Prosecutors went on the lies of this particular group of ppl who said my son was there to making thier story look good. Its a nightmare and when these prosecutors have things to happen to them as they have been with us that is when they will lighten up on laws, torture, etc. Its not fun having your only male child taken from you and living with this everyday. I wear a mask with a fake smile with much hurt and pain on the inside everyday for the past 13 years. How much longer?

    • Ruby from NJ

      October 26, 2012 at 12:28 pm

      At some point we are going to have to stop saying that ” the United States is a nation of laws,” because laws are violated on a daily basis by the very people whose job it to render justice. I am thoroughly disgusted.

    • Regina

      October 28, 2012 at 11:41 am

      Have you considered filing a lawsuit against the persecutors?

  2. Ish Muhammad

    October 26, 2012 at 8:21 pm

    Dirty Devil’s at it again! Code 10 Brothers & Sisters it’s the Enemy! Another Black life Tarnished! MF’s

    • REF

      November 2, 2012 at 9:16 pm

      The guy who was wrongly convicted is white but its wrong nonetheless, whether he was black or white.

  3. Onesilverbac

    October 28, 2012 at 4:30 pm

    This all is so terrible, I’m curious, how do you prevent such actions?

    How do you prove innocence, after the fact? I don’t doubt some people who are locked up should not be.

    I’m thinking most everyone who gets busted say’s I didn’t do it, I’m innocent!.

    A Trial can take from a day or two, too 25 years for trials that involve execution. We do have opportunity to prove innocence, I understand it helps a lot if you have $$$ barring that you have to be persistent.

    Oh I don’t think it happens only to Black people!

  4. H. James Roseau

    November 5, 2012 at 6:42 pm

    This prosecutor may think that he is a god, but he will have to justify his evil action before Almighty God one day. No one reigns forever!

  5. P.S. Gary

    June 30, 2015 at 11:47 pm

    We need to start sending a message by BOYCOTTING, suing the fillings out their teeth & getting a law passed that imposes STRINGENT penalties upon judges, prosecutors & negligent public defenders who cause innocent people to be incarcerated and the death penalty if the wrongfully incarcerated person DIES behind bars or is executed…that is, if the state refuses to bury the murderers alive alongside the corpse of the victim.

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