The case of Michael Morton brings to mind something which no criminal defendant wants to think of – the fact that innocent people are sometimes put behind bars for years, crimes that they did not commit. In Morton’s case, when the prosecutor failed to present all potentially exculpatory evidence at Michael’s trial for the brutal murder of his wife, the jury concluded that he, the lone suspect, was the person who had killed her.

In 2011, a group of attorneys who were reviewing Morton’s case on a pro-bono basis discovered that not all of the available evidence had been presented at his trial. Eyewitness descriptions of the killer, the killer’s vehicle, and the attack, as well as a blood-stained bandanna found near the murder scene had somehow failed to make it into the courtroom. The bandanna was submitted for DNA testing, and it was found to contain the blood of the victim, as well as the blood of the person who killed her. Mark Norwood, a convicted felon, was identified as the murderer based upon DNA evidence, and Michael Morton was released from prison after having served twenty five years.

Earlier this year, the Michael Morton Act was signed into law in Texas. The Act requires prosecutors to turn over evidence to defense attorneys in criminal cases upon the attorneys’ requests, without requiring the defense attorneys to first obtain a court order. Both prosecutors and defense attorneys have stated that the passage of the Act has raised awareness of the importance of having access to evidence. Prosecutors have expressed concerns that the Michael Morton Act is increasing the cost of prosecuting criminal cases. It costs money to prepare evidence, and the more evidence there is which must be provided to other parties, the more money the state will need to spend in order to meet its obligation to do so. The increased cost of preparing and exchanging evidence is real, but it does not overcome the interest of the criminally accused in having access to all evidence which could support their defense.

Access to exculpatory evidence is something which has been the rule in courts across America for a long time. Brady v. Maryland, a 1963 case decided by the United States Supreme Court, set the precedent that prosecutors must produce information that is exculpatory in nature. Exculpatory evidence is evidence which points to the innocence of a defendant. States have varied in how they interpreted Brady, and that is why the Michael Morton Act is so important. Prior to the passage of the Act, prosecutors were in charge of deciding which evidence was exculpatory and which was not. The result is that prosecutors in at least seventeen cases in which convictions have been overturned, prosecutors failed to turn exculpatory evidence over to defense attorneys.

If you have been accused of a crime, an East Texas Criminal Defense Attorney can help you to present your very best defense against the crime or crimes which you have been accused of committing. The consequences of a conviction could be far-reaching, and could affect many areas of your life for years to come, so it is important to have a strong advocate in your corner of the courtroom.  To learn more, call attorney Alex Tyra today, to schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.