Texas murder exoneree seeks inquiry into prosecutor, could break new legal ground – 33 KDAF

Johnnie Lindsey used his voice and song to get through the 26 years he spent locked away for a rape he did not commit.

“Song helped pull me through,” the exoneree said.

Three years ago, a DNA test proved that Lindsey was innocent. He was set free and awarded $1.7 million in compensation, but he never received complete answers about how prosecutors got it so wrong.

“It was my life, that was thrown away.”

But some of that may be changing because of an exoneration this week near Austin. Michael Morton was wrongly convicted and spent 25 years in prison for killing his wife. In an unprecedented legal move, Morton’s attorneys are calling for a court inquiry into the actions of the prosecutor in the case. Ken Anderson is now a Williamson County State District judge. Morton’s attorneys want to know if Anderson violated state laws or broke ethics rules.

“Revenge is not what I am after, even though that would be a natural instinct. I want accountability,” Morton said inside a packed courtroom.

Morton’s attorneys claim Anderson may have withheld key evidence and advised against a DNA test that could have led to Morton’s acquittal, years ago. Legal experts say it is difficult to hold rogue prosecutors accountable.

“A prosecutor could go out and create evidence and intentionally try to create evidence and they could not be held responsible in civil court,” McKinney attorney, Kristopher Moore, said.

Moore, who represents exonerees has tried to sue a prosecutor and lost. He says it is nearly impossible to sue a litigator because of absolute immunity and that is why he believes Morton’s request for a special hearing, may break new legal ground.

“The court of inquiry allows us to open up the issues and start looking into what happened and possibly change the laws.”

Through his attorney, Judge Anderson has denied any wrong doing. He has said he is sorry for what happened to Morton.