Exculpatory Evidence In Court Cases

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Defendants have the right to all exculpatory and mitigating evidence in the state's possession during the discovery process, which has been the procedure for the last half century. During the discovery phase of the Morton case, the only files that were turned over to Morton’s lawyers were crime scene photos and an autopsy report. Anderson kept everything else back, including the notes from the lead investigator Sergeant Don Wood, and Morton’s oral statements that were taken by Woods and Sheriff Boutwell. According to Morton’s lawyers (Texas Monthly, 2012), they had never encountered this kind of hardball. However, in the state of Texas statute requires law enforcement officers to turn over all their reports and notes once they took the stand, …show more content…

The adult video that he and his wife had viewed the night before was played to the court, used as a prop to emphasize his sexual deviance. The coroner who had changed initial finding of Christine’s time of death based his “findings” off his experiences and not scientific testing which he stated on the record. When Detective Boutwell is called to the stand, he produces six pages of notes, and the prosecution rested. Woods was never called to testify, which is highly unusual for the lead investigator in a criminal case. The defense suspected that the prosecution might be concealing potentially exculpatory evidence and raised this concern with the trial judge (Innocence Project, n.d.). On February 6, 1986, Judge William Lott orders Williamson County District Attorney Ken Anderson to provide all of Wood's investigative reports on the Morton murder to him to determine if any Brady violation had occurred, meaning that the prosecution withheld information that would provide optionally exonerating evidence in favor of Michael Morton. Lott determines there is nothing exculpatory in the file and orders the files sealed. Just six days from the beginning of the trial, on February 17, 1987, Michael Morton was convicted of the murder of his wife, Christine Morton, and sentenced to life in

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