Future Forum: Guilt, Innocence, and the Death Penalty 
A Father’s Day The Innocent Man, Part Two
During the 25 years that Michael Morton spent wrongfully imprisoned for murdering his wife, he kept three things in mind: Someday he would prove his innocence to their son. Someday he would find out who had killed her. And someday he would understand how this had happened to him.
Photograph by Williamson County Sun
amy says: After watching the re-broadcast of the Morton interview on today’s "Katie " I googled the trial. I was led to this piece. What an astonishing case. And kudos for an outstanding work of journalism. Bravo. (January 4th, 2013 at 8:02pm)
Editors' note: This is the second part of a two-part story. The first half was published in the November issue and can be read here.
I.
“Even though I asked to be transferred here for the master’s program, coming here was a shock,” Michael Morton wrote on January 22, 2002, from his cell in the Ramsey I prison unit, south of Houston. He was replying to a letter he had recently received from Mario Garcia, a former co-worker at the Safeway in Austin where he had worked before being sent to prison fifteen years earlier. Besides his parents and his younger sister—who made the five-hundred-mile round-trip from East Texas to visit when they could—Garcia was the only person from Michael’s previous life who had stayed in contact with him. Virtually everyone else believed that he was guilty. Throughout the fall and winter of 1986, his case had been splashed across the front pages of Central Texas newspapers, earning him a grisly notoriety. “Victim’s Husband Held in Murder Investigation,” the Hill Country News announced in the fall of 1986. “Killing Linked to Sexual Rage,” trumpeted an Austin American-Statesman headline just before he was sentenced to life in prison, in February 1987. The Williamson County Sun announced, “He’s Guilty.” Michael had become a pariah—a “murderous pervert,” as he would ironically refer to himself.
“When I got here, they used to put all new arrivals in the field force,” Michael wrote, referring to inmates who were assigned to work on the prison farm. That had been three years earlier. Now 47, he was too old to be doing hard physical labor all day long, he told Garcia. His face had settled into the softer contours of middle age, and his sandy blond hair was going gray. “Try to imagine twenty to forty men,” he continued, “shoulder to shoulder, hip to hip, swinging their [hoes] in unison and chopping weeds that are, I swear to God, six to ten feet high. Or, on the bad days, working in a huge irrigation ditch, skinning the banks down to bare earth and then dragging the chopped-up vegetation back up the banks. It’s long, hard, backbreaking work. Sometimes guys pass out and have to be carried to the hospital. (Fakers are found out by being dragged onto a fire ant mound. Either way, the consequences suck.) During all this, armed, hard-ass guards are riding around on horseback, shouting Christian-hearted encouragement. Added to the natural camaraderie and high spirits of working outdoors are more snakes, rats, poison ivy, and biting, stinging, and pinching insects than I like to remember. The first few weeks damn near killed me.”
During his fifteen years in prison, Michael had already survived sweltering summers with no air-conditioning, when temperatures inside the old red-brick penitentiary reached into the triple digits for weeks on end. He had fought off the unwanted attention of a hulking inmate, an enforcer for a prison gang who later died of AIDS, by inviting him into his cell and slamming a makeshift tabletop against his throat. He had been kept awake by inmates who cried at night and by his own longing for his son, Eric, and his wife, Christine, whose absences he felt only more acutely as the years wore on. But in his letters to Garcia, Michael tried to strike an upbeat note. “I have fallen in with a tolerable collection of half-witted misfits,” he wrote in one letter. “Despite it all, I am okay,” he assured Garcia in another. “Honest.”
When he did allude to the indignities of his daily life, he added a heavy dose of gallows humor, as when he dubbed a stomach flu that swept through the prison population one winter “the Brown Storm.” (“I live on a dorm with 56 guys and four toilets,” he wrote. “Do the math. It wasn’t pretty.”) He proudly described working toward his master’s degree in literature—he had already earned his bachelor’s degree in psychology during the early years of his incarceration—and he expressed how much he enjoyed reading Homer and Dante. He casually mentioned that he was at work on a novel.
Eric was a recurrent subject in his letters to Garcia. The boy was being raised by Christine’s sister, Marylee, who, along with the rest of her family, had come to believe he was guilty. “It seems hard to believe, but he’s eighteen years old,” Michael wrote that January. “This spring, he’ll graduate from a private Catholic high school in Houston. The Jesuits are supposed to be good at cramming info into the heads of teenagers, so I hope he’s ready for college. I say ‘I hope he’s ready’ because I don’t know. We’ve drifted apart. A few years ago, he reached the age where coming to visit his old man wasn’t at the top of his to-do list.” In fact, Eric—when he was fifteen—had cut off all contact with his father.
Michael never failed to express his gratitude to Garcia for taking the time to correspond with him. “No matter how my train wreck of a life ends up, I will always think of you as one of the best,” Michael signed off one letter. “Adiós for now, my friend.”
Amid the jumble of holiday mail that arrived at Bill Allison’s house every December, there was always one envelope that stood out, distinguished by the return address from prison and Michael’s familiar handwriting. The Christmas card inside—in which Michael thanked Allison for defending him so forcefully during his trial—left him flooded with emotion. He had always felt certain that Michael was innocent, and he was filled with regret that he had not been able to convince the jury of this. “I’ve practiced law for forty-one years,” he told me. “In terms of the psychological toll that cases have taken on me, Michael’s was the worst.” In the aftermath of the guilty verdict, he said, “I couldn’t get over it. I went into a three-year tailspin.”
In Allison’s opinion, something had gone very wrong during the six-day trial at the Williamson County courthouse in Georgetown. On the afternoon that Michael was convicted, Allison and one of the prosecutors in the case, Mike Davis, had lingered after the trial to talk with jurors. As they discussed the case, Allison overheard what he believed to be a shocking admission. According to Allison, Davis told several jurors that if Michael’s attorneys had been able to obtain the reports of the case’s lead investigator, Sergeant Don Wood, they could have raised more doubt than they did. (Davis has said under oath that he has no recollection of making such a statement.)
Allison had immediately hurried back to his office in Austin to write down Davis’s comments. While he puzzled over what the prosecutor might have meant, he thought back to an argument he’d had with Davis’s boss, Williamson County district attorney Ken Anderson, who had led the prosecution’s effort. During two pretrial hearings, the lawyers had clashed over what evidence the state should, or should not, have to turn over. As Allison remembered it, state district judge William Lott had ordered Anderson to provide him with all of Wood’s reports and notes before the trial so he could determine whether they contained any “Brady material.” (The term refers to the landmark 1963 U.S. Supreme Court ruling in Brady v. Maryland, which holds that prosecutors are required to turn over any evidence that is favorable to the accused. Failure to do so is considered to be a “Brady violation,” or a breach of a defendant’s constitutional right to due process.)
Judge Lott had examined everything Anderson had given him and ruled that no Brady material was present. Afterward, as is the protocol in such a situation, the judge had placed the papers in a sealed file that could be opened only by the appellate courts to review at a later date. Thinking back on that series of events, Allison had a terrible thought: What if Anderson had not, in fact, given Lott all of Wood’s reports and notes?
It was this idea that prompted Allison’s motion for new trial, which was denied, and his first appeal, which he filed in 1988, one year after Michael was found guilty. That December, the Third Court of Appeals upheld Michael’s conviction and denied Allison’s claim that Brady material had been withheld from the defense. The language of the decision also made it clear that the court believed that Lott’s sealed file—which its justices had taken the time to open and examine themselves—contained the entirety of Wood’s notes. Still, Allison remained convinced that something was amiss. He appealed the ruling to the Court of Criminal Appeals, but the following year, its justices declined to reconsider the lower court’s decision. This was a major blow to Allison’s efforts. “I can’t say that I ever completely gave up,” Allison told me, “but I was pretty close.” Despairing, he called an old friend, noted criminal defense attorney Barry Scheck. “Bill told me that he was haunted by this case,” Scheck recalled. “He felt that Michael was innocent and that Anderson was hiding something. He smelled a rat from the very, very beginning.”
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