Tuesday, August 16, 2016

Michael Morton

How Michael Morton’s Wrongful Conviction Has Brought Others Justice

Thirty years ago, a Williamson County murder set in motion a shoddy prosecution — one in which ignored witness accounts and withheld evidence led to the conviction of an innocent man.

Michael Morton spent 25 years in prison for his wife's bludgeoning death before DNA analysis finally freed him, a miscarriage in justice that still reverberates through the state's criminal cases.

Christine Morton was beaten to death in their family home on Aug. 13, 1986. Michael Morton should never have been a key suspect: He had left for work early that morning. The couple's three-year-old son Eric, who witnessed the murder, described a man who looked nothing like his father. Neighbors had reported a man lurking in the neighborhood. A canceled check made out to Christine Morton was cashed with a forged signature after her death, and her credit card was used fraudulently in San Antonio.

But police pointed to Michael Morton anyway, and Williamson County District Attorney Ken Anderson was adamant he had his guy — a jilted man he believed had punished his wife for not agreeing to have sex the night before.

Morton insisted he did not kill his wife, but a jury sentenced him to life in prison.

Throughout his decades in lock-up, Morton lost the confidence of his in-laws and watched his relationship with his son disintegrate; the boy was raised believing his father had killed his mother. Morton was particularly dismayed by how the ordeal affected his parents, who never questioned his innocence.

"I could see how helpless they were to help me. They felt horrible. They were just, they were adrift," Morton said in an interview with The Texas Tribune this summer. "We spent all of our money. We were asking for help from any quarter, and they just watched me as the years go by."

Being a father himself put his parents' grief in perspective.

"I try to imagine watching my son turn gray in the penitentiary," he said. "It deepened our relationship, and it made it more nuanced and more — it made the bond more powerful, stronger. Their joy was indescribable when I got out. I think they were happier than I was."

Clearing his name

It took 20 years of waiting and fighting for Morton to clear his name. In 2008, signs of a botched case emerged, when Morton and his lawyers first learned of Eric's description of his mother's killer, the check and the credit card use.

In 2011, DNA testing of a bloody bandana found near the crime scene revealed Christine Morton's blood and the DNA of another man — not Morton. That same year, the DNA was matched to Mark Alan Norwood, who had a criminal past including drug possession, assault and burglary charges in California and Texas.

From there, the case against Morton unraveled. After getting a file unsealed that contained an investigator's reports on the murder, Morton and his legal team discovered that many of the notes – including information about the lurking man and the details about credit card and check fraud – were missing.

The district attorney's office had withheld it. Morton was released from prison.

Shortly after Morton's release, the tables turned on his prosecutor. An investigation into Anderson — who was then a Williamson County state district judge — began. In 2013, Anderson resigned his post, lost his license to practice law and was sentenced to 10 days in jail. That same year, Gov. Rick Perry signed into law what's known as the Michael Morton Act, which requires prosecutors to share their case files and all relevant documents and evidence with defendants.

State Sen. Rodney Ellis, D-Houston, was a co-author of that legislation.

"Michael's willingness to use the tragedy he endured to advance change was key to bringing about needed reform to our justice system," Ellis said in a statement. "The Legislature had tried and failed to bring more fairness and transparency to the discovery process for years, and Michael's work and dedication to fixing our broken system helped move us forward.”

Morton quickly became the public face of prosecutorial reform, speaking shortly after his bill's signing to the Texas District and County Attorneys Association. Morton's address followed "a very significant moment for our profession," said Rob Kepple, the association's executive director.

"It was a tremendously gracious and moving and compelling talk," Kepple said. "And I think prosecutors really took his message to heart about needing to be good prosecutors, because it is an important job, but also needing to make sure that we were doing it the right way and we were being fair."

Morton harbors no animosity toward law enforcement — they're the good guys, he says — but warns anyone who will listen to get legal representation the moment they're fingered.

"The vast majority of us have never had, probably will never have, a serious interaction with the police," he said.

And while Morton wants to see more Michael Morton Acts throughout the country, his first priority is ensuring every state has a fair compensation package for people imprisoned for crimes they did not commit.

Texas’ compensation program — generally a lump sum payment of $80,000 for each year spent behind bars, plus monthly annuity payments — is among the most generous in the nation. The Texas policy is based on the Tim Cole Act, legislation enacted in 2009 and named after a former Texas Tech University student wrongfully convicted of aggravated sexual assault in 1985.

When he lobbies for fair compensation nationally, "I love reminding people that Texas has the most generous and comprehensive compensation package for its exonerees than any state in the country," Morton said. "Nobody comes close. And I love the looks on the faces, especially the looks from the Northeast, when I tell them surely they can do as good as Texas."

A relatable case

Morton's case resonated deeply with Texans, and that, he says, is because it seemed relatable.

"They just see it as a nightmare," he said. "... I was just some guy living in the suburbs. Just like them. Married with a kid. Had a job. Had a mortgage."

Barry Scheck, co-founder of the Innocence Project, which worked on Morton's case, said Morton's faith and resilience were inspiring — but that everyone who worked on the case also came to care deeply for Christine Morton.

"Everybody looks at these cases, and people understandably feel terrible for crime victims, but Michael was both an innocent person wrongly convicted and a crime victim as well," Scheck said. "He lost his wife, who he loved dearly, and then lost his child for many, many years. And that is unspeakably cruel."

Since being freed, Morton has found love again, marrying his wife Cynthia in 2013. He also mended his relationship with his son.

"He had spent much of his life believing that I was this monster that killed his mother ... He completely had to reinterpret who he thought I was and what he knew," Morton said. "And I was quite amazed at the speed at which he did it."

Though the past 30 years have been a rollercoaster, to say the least, Morton says adversity is what lets you know you're alive.

"Everybody goes through some sort of trial sooner or later," he said. "Our trials are what form us. In a way, you can look at it and say these trials are necessary."

Check out a timeline of events in the Michael Morton case, and read more of the Tribune's coverage of wrongful convictions: 

  • Texas has paid 101 men and women who were wrongfully sent to prison $93.6 million over the past 25 years, state data shows. The tab stands to grow as those wrongfully imprisoned individuals age and more people join the list.
  • Freed after a decade on Texas death row for a murder he says he didn't commit, Alfred Dewayne Brown thinks he's entitled to compensation from the state, but Comptroller Glenn Hegar is saying no.
  • Although a Dallas County district judge decided he was innocent eight years ago, Ben Spencer remains behind bars for a 1987 aggravated robbery he insists he did not commit.

Texas Tech has been a financial supporter of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2016/08/13/michael-morton-murder-case-reverberates-across-tex/.

Wednesday, August 3, 2016

TX Prison Budget Cut


Texas Prison System Ponders $250 Million in Budget Cuts

https://www.texastribune.org/2016/08/03/prisons-agency-could-see-250-million-budget-cuts/

Police Crisis


Is America Facing a Police Crisis?

https://docs.google.com/document/d/1eE_Ahs7NaqgYsWGM1pW9PeV8MxfkWQeoE3Q61e3yEA0/edit?usp=sharing

Friday, July 15, 2016

TX Prison Spending

Rate of Prison Spending Growth Outpaces Schools

* Correction appended
Texas spending on prisons and jails is the highest in the nation, a new federal study concludes, and has grown about five times faster than the state's rate of spending growth on elementary and secondary education over the past three decades. But the state still spends significantly more on its schools than its prisons.  
new analysis of federal data released last week by the U.S. Department of Education found that Texas corrections spending increased by 850 percent between 1989 and 2013, while the rate of funding for pre-kindergarten to grade 12 education grew by 182 percent. In the 1979-80 fiscal year, for example, Texas spent $14 billion on education and almost $604 million on corrections. In 2013, it spent about $41 billion on schools and $5 billion on incarceration (in constant 2013 dollars). 
On average, growth in spending on prisons and jails in other states tripled the rate of growth in funding for public K-12 education over the same period, the report found.
The wide disparity in Texas is caused by the state’s harsh sentencing laws and the strict enforcement of non-violent offenses, which have quadrupled its incarceration rate, the report asserted.
“Budgets reflect our values, and the trends revealed in this analysis are a reflection of our nation’s priorities that should be revisited,” said U.S. Secretary of Education John King Jr. in a statement. “For far too long, systems in this country have continued to perpetuate inequity. We need to invest more in prevention than in punishment, to invest more in schools, not prisons.”
Advocates for reforming both the nation's schools and criminal justice found ammunition for their arguments in the report. Education advocates said the data analysis shows that lawmakers’ should make efforts to cut the incarcerated population and divert funds to the Texas education agency so schools can be adequately funded.  
“Texas has chosen to fund public education at low levels for decades, and the result is that we’re increasing the amount of poverty and the high cost of incarcerating young adults,” said Wayne Pierce, executive director of the Equity Center, a nonprofit group that advocates for more 700 school districts across Texas. “If we would concentrate more on public education as a preventive measure to stop the tide of poverty, we would be able to spend less and save more in the long run.”
Public school funding has long been an issue in Texas, and hundreds of school districts have filed numerous class action lawsuits against the state dating back to 1984. The latest case challenging the constitutionality of Texas’ school funding system — brought by more than two-thirds of the state’s school districts — ended in May. The state Supreme Court ruled the system is constitutional but urged state lawmakers to implement "transformational, top-to-bottom reforms that amount to more than Band-Aid on top of Band-Aid." The lawsuit came in response to the $5.4 billion budget cuts lawmakers approved in 2011, which school districts say left them with unfairly distributed funding.
"[The court] criticized the system, but they didn’t put teeth in their decision," said Pierce, who represented more than 440 low- and medium-wealth school districts in the case. “It was a tremendous surprise and disappointment.”
Texas ranks 38th in per-pupil spending, according to 2016 numbers from the National Education Association. It spent an average of $8,998 per student this school year, more than $3,000 below the national average. As of the 2014-2015 school year, there were 5,215,282 students.
State Sen. Larry Taylor, R-Houston, who chairs the Senate’s Education Committee, could not be reached for comment.
While Texas has made strides curtailing its once explosive prison population growth, experts said it still hasn't addressed long-lasting structural problems.
The number of men and women held in state prisons and jails peaked at 173,649 in 2010, according to the Bureau of Justice Statistics at the U.S. Department of Justice. The state currently has about 150,000 inmates. It pays an average $20,000 each year per inmate.
State Sen. John Whitmire, D- Houston, who heads the Senate’s Criminal Justice Committee and is the longest-serving member of the Legislature, said his highest priority for the 2017 legislative session “is going to be pretrial release and services because most people in local jails cannot pay for bail.” He said some are even being forced to plead guilty because they cannot afford it.
“There're too many individuals in our county jails who don’t belong there because they are poor,” he said. “We’re just wasting millions upon millions of taxpayers' dollars.”
In Houston jails, for example, three-quarters of the people haven’t been tried in court. He said monitored pretrial release for non-violent offenders is an alternative.
Whitmire has also called for expanding prison education programs at the Windham School District, which he said would allow inmates to learn marketable skills, boosting their chances of finding employment after their release and reduce the recidivism rate. But Whitmire voted for steep budget cuts in 2011 that forced the statewide prison education system to eliminate more than 250 full-time positions and reduce its program. He told the Tribune that the school district was “wasting money" and that lawmakers were not seeing results at the time.
Marc Levin, the director of the Center for Effective Justice at the Texas Public Policy Foundation, a conservative think tank based in Austin, said a reducing the inmate population would allow the state to redirect funds to needed programs. He emphasized that tackling the sentencing guidelines and expanding drug treatment centers courts are crucial moves lawmakers should take. 
“What it’s about is holding people accountable, but putting them behind bars doesn’t mean they’d far less likely to pay restitution, and it’s going to be a burden on taxpayers,” he said.
Disclosure: The Texas Public Policy Foundation has been a financial supporter of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.
Correction: An earlier version of this story credited a Texas state agency for a prison statistic that came from the U.S. Department of Justice.

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2016/07/14/texas-spending-prison-and-jails-higher-any-other-s/.

Tuesday, July 5, 2016

4th July '17


4th of July, 2017

July 4, 1776 was the day America declared independence from Britain, but the battle for freedom went on until 1783—seven more years. Even though the people declared their freedom in 1776, they had to stand and fight for many years before the British would accept and recognize the United States of America.

So what are we celebrating on the 4th of July? Are we celebrating our Independence? Or are we celebrating our Declaration? Obviously, the Declaration. 

Do you know what our forefathers did once they signed the Declaration of Independence? They read it out loud in public. They published it in the newspaper. They spread the word. They continued to declare and celebrate even though they were in the midst of the battle.

The same was true for a document 800 years before. A document of of similar meaning and effect of our Declaration. Known as the Magna Carta, Latin for 'Great Charter 'of Liberties (declared Rights of the Individual). Orders were made for it to be read twice a year in county courts and cathedrals. It was routinely read and confirmed at the opening of each parliament. Parliament required the Officers of the State to swear to observe its terms. Just as every person today in a position of public trust is required, by Law of our Texas Constitution, to take an oath to preserve, protect, and defend our Constitutions and Laws. 

But not once did I hear the Declaration of Independence, or even part of it, read on this 4th of July. Nor did I find the words of our Declaration published in the printed or online newspapers. For that reason I established a fund raiser for the purpose of putting the Declaration on the Capitol Grounds of Texas.

https://www.generosity.com/fundraisers/4th-of-july-declaration-on-texas-capitol-grounds

Saturday, July 2, 2016

Motivated Reasoning



Julia Galef: filmed February 2016 at TEDxPSU

This TED talk helps explain why our State and Nations incarcerates so many people who are not guilty of the crime they were charged with.

Jurors have what she refers to as "motivated reasoning". They want to believe that the police do not make arrests without probable cause. To believe otherwise gives them reason to be insecure. They will fear they might be arrested without probable cause. An arrest, even without a convictions, is extremely disrupting to one's life, is embarrassing as others presume you did something wrong, and to defend yourself is very expensive. Jurors know that. So they have a motive for believing, via motivated reasoning (as well as a lot of propaganda in school and media) that police do not make arrests without probable cause.

What is probable cause? Well the 'cause' is a crime. (ie; violation of a law that carries criminal penalties = fine and/or prison). And 'probable' means they 'probably' committed the crime. Thus; with the commission of the crime already probable, and the Jurors motivation to believe arrests are not made without probable cause, the unconscious desire of the Juror is find, even create, (with the eager aid of the prosecutor) the 'reasons' for a conviction. Motivated Reasoning.

Below is the link to the talk and some parts of the transrcipt.

Well, this is a case of what scientists call "motivated reasoning." It's this phenomenon in which our unconscious motivations, our desires and fears, shape the way we interpret information. Some information, some ideas, feel like our allies. We want them to win. We want to defend them. And other information or ideas are the enemy, and we want to shoot them down. So this is why I call motivated reasoning, "soldier mindset."

Our judgment is strongly influenced, unconsciously, by which side we want to win. And this is ubiquitous.This shapes how we think about our health, our relationships, how we decide how to vote, what we consider fair or ethical. What's most scary to me about motivated reasoning or soldier mindset, is how unconscious it is. We can think we're being objective and fair-minded and still wind up ruining the life of an innocent man.


http://www.ted.com/talks/julia_galef_why_you_think_you_re_right_even_if_you_re_wrong/transcript?language=en#t-391302

Tuesday, June 28, 2016

Right to Restitution

The Right to Restitution 

The Right to Restitution is the Right our Quest seeks to secure Honor of by Legislators serving in the Texas legislative session of 2017. You may not see this Right in our US Constitution, or Texas Constitution. It is there but phrased a little differently. What is even more important is that it is unquestionably found in our Organic Law.

We will soon celebrate the document the 4th of July or, to be more exact, the signing of the very first law of our Nation. It is our Organic Law. It is the Law from which all other Laws on this land flow. It was passed by representatives from the several States who were authorized by We the People to act on our behalf. It was our First Congress of the New Nation established on that day in 1776.

Let's celebrate that document by reading it again. Let's celebrate that document by spending a little time to reflect on it's words so that we can grasp a better understanding of them.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights....

NOTE: "self-evident". Means no proof is required. One does not have to prove they Rights. By their mere existence a human person has Rights.

NOTE: "endowed by their creator". These are Rights that do not come from humans, nor do they come from the Constitutions, or Law, or Judgments written by humans. Therefor a human person cannot be deprived of their Rights by what is written in a Constitution, other Law, or by how the words of these may be 'interpreted' by a human Judge or Judges.

NOTE: "unalienable". Here, again, we see that a human person cannot be alienated, or in other word formally deprive of, certain Rights. Neither a Legislative body, nor a Judicial Panel, regardless of how official their acts might appear, can alienate a human person from the unalienable.

Government cannot alienate a human person from their Right to Restitution for damage caused by unlawful acts of the government. It is an unalienable Right. This right is the very essence of Liberty. Without it there is no Liberty. Without Restitution Liberty has been replaced by Tyranny. And Tyranny is the crime of Treason.