State of Texas v.

Michael Morton
Case Study Report
Product to a presentation concerning the question:
How Does Innocence Elude Our Justice System?
Monique Suarez

A Case Study: State of Texas v. Michael Morton

Background:
Michael Morton was an everyday citizen of the United States who led a normal
life. He was the husband of a woman named Christine Morton and the father of a 3-yearold boy. August 12, 1986, Morton and his family had a birthday dinner for his 32nd
birthday. Following what Morton thought was a meaningful night with his family, Morton
prepped for bed in the hopes of engaging in sexual intercourse with his wife, Christine.
However, Christine Morton showed no signs of interest and turned him down leaving
Morton unsatisfied and what the States theory claimed as sexually frustrated ultimately
prompting Morton to murder his wife.
August 13, 1986, the morning after an unsuccessful night, Morton leaves for his
normal workday not realizing that this day would be the last time he would feel freedom
for a long time. Later that day, Mortons son is noticed unattended outside of the Morton
home, which sparked interest in one of Mortons neighbors who entered the Morton
household and found the body of Christine Morton in the Master Bedroom under a
comforter, with a basket and suitcase on top of it. Christine seemed to have suffered
many blows to the head prior to her death.
The year of 1987 marked the year Michael Morton was convicted of the murder
of his wife despite the fact that there was no actual evidence linking him to the crime.
The State of Texas believed that Morton had staged a robbery scene in order to cover up
his crime. In addition to this being told to the Jury, prosecution provided a note that was
found in the Mortons bathroom (Evidence 2).
In 1987, Michael Morton was indicted for the murder of his wife, Christine
Morton and sentenced to life in prison. Had the jury and defense been notified of the
evidence that was withheld by attorney Ken Anderson, the Sheriffs Office, and the
District Attorney, John Bradley, Michael Morton could have been proven not guilty.
Post-Conviction:
After being convicted of the murder of his wife, Morton spent about 25 full years
in prison. Morton appealed and judgment of the court was affirmed which allowed for
DNA testing to be done but excluded the DNA testing of certain items like a blue
bandana, which was found near the Morton household. Morton filed for a Motion for
Post-Conviction DNA testing to Chapter 64 of the Texas Code of Criminal Procedure.
Chapter 64 of the Texas Code of Criminal Procedure:
o Under Texas Code of Criminal Procedure chapter 64, a convicted person
may submit to the convicting court a motion for forensic DNA testing of
evidence containing biological material
o The convicted person must establish by a preponderance of the evidence
that he would not have been convicted if exculpatory evidence results had
been obtained through DNA testing, and the request for the proposed DNA
testing is not made to unreasonably delay the execution of sentence or
administration.

Despite this, the DNA testing still did not prove the innocence of Morton.
In 2011, five years after the first motion for Post-Conviction testing, the court
allowed for the testing of the bloody blue bandana as well as the hair from the bandana.
This time, the testing worked in Mortons favor. The DNA test results revealed that the
DNA of a man by the name of Mark Norwood was on the bloody bandana. Mortons
lawyers as well as the Travis County District Attorney looked into Norwoods criminal
history and found that Norwood had a criminal history in which he was linked to another
case involving the murder of another female, Debra Masters Baker. Baker was
bludgeoned in the way Christine was and, like the Morton crime scene, there was a hair
that belonged to Norwood in the Baker crime scene. The Baker case had occurred 2 years
after the murder of Christine Morton. Because of this evidence, Michael Morton was
released from prison October 3rd, 2011.
Post Exoneration:
After being released, Morton went to live with his parents in Liberty City, Texas.
During the process of being exonerated, Mortons attorneys filed a Public Information
Act Request and the documents claiming that Morton is fully innocent were officially
signed. Ken Anderson was a controversial figure in this case because no one could decide
if he had committed misconduct or not. The Court of Inquiry claimed that Anderson
violated criminal laws and that it was wrong for him to keep evidence hidden from the
jury and the defense. Anderson eventually resigned from being a district court judge and
surrendered his law license.
Lasting Impact:
The case of State of Texas v. Michael Morton had a huge impact on the United
States and really all over the world because it displayed the faults of the justice system as
well as the corruption of professionals who are willing to do and withhold anything just
to win a case rather than carrying out the legal process the correct way. Also, the Michael
Morton Act was created, which requires prosecutors to open their files to defendants and
keep records of the evidence they disclose.
Evidence (Given & Withheld):
Ken Anderson, prosecuting attorney during the trial of the State of Texas v.
Michael Morton, withheld evidence during the trial, which could have saved Morton
from spending many years in prison. Although there was some evidence used in regards
to the court case and its ultimate decision, professionals such as Ken Anderson and even
the most trusted District Attorneys withheld the majority of the adequate evidence.

1. The Note in the Bathroom

Chris, I know you didnt mean to, but you made me feel really unwanted
last night. After a good meal, we came home, you binged on the rest of the
cookies, then with your nightgown around your waist and while I was
rubbing your hands and arms, you farted and fell asleep. Im not mad or
expecting a big production. I just wanted you to know how I feel without
us getting into another fight about sex. Just think how you might have felt
if you were left hanging on your birthday.
2. The Sons Statement
Ken Anderson, prosecuting attorney, withheld the evidence that the son of
Michael Morton had claimed that he had saw a monster with a big
mustache who attacked his mother.
3. Blue bandana & hair on the bandana
During the second DNA testing, the DNA was linked to Christine and a
man by the name of Mark Alan Norwood

Morton Family

Timeline:
-

August 12, 1986

4

o Michael Mortons Birthday

o Mortons wife refuses to have sexual intercourse with him
August 13th, 1986
o Michael Mortons wife is found beaten to death
o Michael Morton is accused of beating his wife
June 9th, 1987
o Attorney Ken Anderson fails to give court evidence that would be deemed
favorable in Mortons defense
o This evidence was a manuscript written by the victims mother saying that
their son had said that he saw a giant monster with a mustache attack his
mother (which does not resemble Mortons appearance)
o Because of this failure to release this evidence, Michael Morton was
officially convicted and sentenced to life in prison
January 1st, 1995
o Attorney Ken Anderson is named Prosecutor of the Year by the State Bar
of Texas
o Life keeps going on, and Ken Anderson continues to be praised
January 1st, 2002
o Anderson is appointed to 227th Court Bench by Rick Perry (the governor at
the time)
February 1st, 2005
o Very first motion for DNA testing
o This was conducted by The Innocence Project and the Law Firm of Raley
Bowick (Houston, Texas)
o Agree to test some evidence from the crime scene but NOT ALL
January 8, 2010
o Second motion for DNA testing
o Appellate Court finally agrees to test the bandana and the hair on the
bandana as evidence from the crime scene
June 30, 2011
o DNA tests from the blue bandana found links to a different suspect, Mark
Alan Norwood
October 3, 2011
o Michael Morton is released from prison after DNA tests prove his
innocence as they link Mark Alan Norwood to the murder
November 16, 2011
o Ken Anderson denies any wrongdoing and claims he did not participate in
any misconduct
December 19, 2011
o Morton is acquitted

March 27, 2013

o Mark Alan Norwood is convicted and sentenced to life imprisonment for

the murder of Christine Morton
April 19, 2013
o Ken Anderson is arrested
May 16, 2013
o Governor Rick Perry signs Texas Senate Bill 1611 (Michael Morton Act)
which is designed to ensure an open discovery process and contains an
open file policy which removes barriers for accessing evidence.
September 23, 2013
o Ken Anderson resigns from his district court judge position

Bibliography:
Carroll, Jimmy. "MICHAEL W. MORTON v. STATE TEXAS (12/14/88)." FindACase.
N.p., n.d. Web. 27 Apr. 2016.
Claire Osborn. "How Ken Anderson Was Released after Only Five Days in Jail."
Statesman.com. Statesman, 15 Nov. 2013. Web. 27 Apr. 2016
Varghese, Benson. "A Timeline of Michael Mortons Exoneration." Texas Evidence.
Plan A & B Advisors, L.L.C., 26 Sept. 2013. Web. 17 Apr. 2016.