Michael Morton Was the Main Suspect
The Mortons’ neighbors told police that around the time of the murder, they saw a man with a green van, which he parked repeatedly on the street that was behind the Mortons’ home. He allegedly was also seen walking off into the wooded area nearby. The area he walked into was near the same place a bloody bandana was discovered, about 100 yards from the Mortons’ home.
Christine’s purse had also been stolen. After her death, the San Antonio Police Department contacted the Williamson County Sheriff’s Office on August 15, 1986, about someone attempting to use Christine’s credit card in San Antonio.
Christine and Michael’s 3-year-old son, Eric, had been home with Christine when she was murdered. He reportedly told his maternal grandmother, Rita Kirkpatrick, about the “monster” with the mustache he saw hurt his mom. He also allegedly gave details about the murder, including the fact that his mother was hit. Asked if his father was there, Eric told Kirkpatrick he was not. Kirkpatrick told the Williamson sheriff’s office about this, but she said she was asked not to talk about it.
Exculpatory Evidence Hidden
Williamson County District Attorney Ken Anderson had access to all the reports provided by the Williamson sheriff’s office and decided what would be given to the defense. Anderson was required to provide exculpatory evidence to the defense under the Brady rule, which requires prosecutors to give defendants information considered beneficial to their defense or sentencing. However, he purposefully concealed those reports from the defense and trial judge.
This meant Michael’s defense lawyers knew nothing about Eric’s statements or other evidence that could have cleared him. Anderson also gave the judge false statements and violated a court order.
When Anderson did not call the case’s lead investigator, Sgt. Don Woods, as a witness, Michael's lawyers became suspicious and asked the trial judge to examine his files. Anderson was ordered by the court to turn in all of Woods' notes and reports, which were reviewed by the court but had no exculpatory evidence because Anderson had concealed it.
The judge also asked Anderson directly if he had other evidence that would be considered favorable to Michael’s defense. Anderson told him he did not.
Convicted of Christine’s murder, Michael received a life sentence in prison. Anderson was later named prosecutor of the year and eventually became a judge.
Fighting For Exoneration and the Michael Morton Act
Williamson County District Attorney John Bradley fought against requests for evidence testing after Raley and Barry Scheck and Nina Morrison with The Innocence Project took Michael’s case in 2005. It took years until a Texas appeals court ordered that the bandana be DNA tested in 2011. “It was difficult for me to grasp why people would oppose an honest search for truth,” Raley says.
The DNA on the bandana matched Christine and a man named Mark Alan Norwood, who was also connected to the 1988 murder of Debra Baker. Norwood was eventually found guilty of both Christine and Debra’s murders.
Michael’s attorneys were allowed to see previously withheld files from Michael’s case after filing a public information act request.
Michael’s attorneys realized his prison sentence could have been avoided had the evidence been presented at Michael’s trial. “They had this evidence at trial, they concealed it and an innocent person went to prison,” Raley says. “This would have proved he was innocent.”
In October 2011, Michael was released; he was legally exonerated of his wife’s murder two months later.
Anderson, who denied doing anything wrong, was disbarred. Found guilty of criminal contempt of court, he agreed to a plea deal, was fined $500 and was sentenced to 500 hours of community service and 10 days in jail. He served five days.
“Michael asked me if we could find a way to keep this from happening to other people,” Raley says. “We [needed] to find a way the defense [could] see the investigation file of the DA before trial—not just what the DA wants to show them, but all of it. The DA doesn’t get to be the gatekeeper and decide anymore. That’s what led to the Michael Morton Act.”
In 2013, the Texas legislature passed the Michael Morton Act, which requires that prosecutors have open file policies with the defense instead of only sharing files prosecutors claim are favorable (though it does not require disclosure of privileged work conduct nor literally every document).
“I still believe [the American legal system] is the best in the world, but I see many ways it can be improved,” Raley says. “I’ve tried to work in my own way to improve some of those things, but there’s more to be done.”