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Colleague: Ex-Williamson County DA Worked To Keep Notes From Defense


A former Texas prosecutor who worked for an ex-Williamson County district attorney at the center of a wrongful conviction case says his ex-boss indicated he wouldn't call investigating officers to testify at trials because it meant turning over their notes to the defense.

A court of inquiry is looking into whether Ken Anderson acted improperly in 1987 when he prosecuted Michael Morton in the death of Morton's wife.  Anderson could face contempt of court and evidence tampering charges if the judge rules he illegally disregarded an order at the murder trial.

Morton spent nearly 25 years in prison before new DNA testing cleared him and he was released in 2011.

Morton's lawyers have accused Anderson of hiding evidence during the trial. Anderson, who is now a judge, has denied wrongdoing.

During the third day of testimony Wednesday, Doug Arnold testified Anderson said he didn't call investigators to keep their notes out of court.

Testimony Tuesday came from an unlikely witness.  Kimberly Gardner, a former Williamson County district attorney assistant from 1986 to 1988, took the stand.

Gardner recalled hearing a conversation, prior to the murder trial, between Anderson and his prosecution team about what Michael Morton's three-year-old son saw the night of his wife's murder.  He said the man in his house that day was not his father.

(AP contributed to this report.)