Williamson County DA faces tough race
John Bradley, Rick Perry’s choice to block the Forensic Science Commission’s investigation into the flawed arson science that led to the conviction and subsequent execution of Cameron Todd Willingham, is in a tough Republican Primary reelection battle with county attorney Jana Duty. Bradley has also been in the news recently over the nationally publicized Michael Morton case, in which Bradley refused to grant Morton’s lawyers’ request for DNA testing on a crucial piece of evidence. Only after a ruling from an appellate court did the testing go forward. Morton spent 25 years in prison before he was exonerated by DNA testing that Bradley had resisted for six years. As most readers know, the Morton case was featured last night on 60 Minutes.
A letter posted in the Round Rock Leader by criminal defense attorney Mark Brunner gave his insights into Williamson County justice, John Bradley-style. This is an excerpt:
In Williamson County, it is common practice that felony plea bargains are given to defense counsel and their clients on a “one-day-only” basis — meaning, taking it today, or the deal gets worse.
And that “today” is often the first day the attorney and client have ever been in court. Many, many times a request for additional evidence (oftentimes something as simple as a lab report or a DWI videotape of a client being stopped by the police) will be denied by Mr. Bradley’s prosecutors with the veiled warning that if a deal is not speedily taken, the stakes for the client could get much worse.
While I routinely advise my clients to ignore such attempts at bully brinksmanship and wait patiently until I can secure all the evidence, it puts my clients in an awful bind.
They are made to choose between a plea bargain right now, when I have not had a chance to fully evaluate their case, or suffer a worse bargain later, after I have had the chance to do my ethical best to collect all the evidence in the state’s hands.
In the last reporting period, at the end of December, Duty had raised $83,211.09 to Bradley’s $38,604.06. Shortly thereafter, the Statesman reported that Duty had raised an additional $30,000 and Bradley $20,000.
From Duty’s Web page:
The job of the District Attorney is to seek justice. The people of Williamson County deserve a D.A. who understands this and who puts the public interest above their political career and that of their friends.
Unfortunately there is a cloud hanging over the District Attorney’s office. John Bradley represents all that is wrong with our political system today. Instead of seeking justice, Bradley aggressively fought against DNA testing for a man who was wrongfully imprisoned for over two decades for murder. The whole time the real killer remained on the loose.
Grits for Breakfast has covered the race extensively, including this report on an issue that Bradley could use against Duty:
Duty’s vulnerability in this race is that she was reprimanded by the State Bar of Texas. She’s been in a big feud with the good-ol’ boy crowd at the county commissioners court, which hired an outside attorney over her objections – ironically the attorney who was the second chair prosecutor at Michael Morton’s original trial. The State Bar of Texas upheld a complaint against Duty for revealing information she learned in executive session of the commissioners court.
Bradley gave a long interview to the Jarrell Star Ledger about the Morton case. The interview began with this question, “Would you like to comment on the Michael Morton case?” Bradley replied:
“The media has not reported all the details connected to our decision on DNA testing. AThe results from those tests seemed to confirm Morton’s guilt. Then, we looked at whether to test a bandanathat had been found 100 yards away from the crime scene by a family member. There were two major problems: (1) the chain of custody on how it was collected was unclear because it was not collected by the police, and (2) the bandana had possibly been contaminated with blood from the crime scene when a family member brought it from the home. Based on these problems, Judge Billy Ray Stubblefield denied the request for DNA testing.
“Later a court of appeals reversed that ruling and we tested for DNA. I deeply regret the delays that occurred from that process, but we all made reasonable arguments based on the best information we had at the time. It wasn’t an arbitrary decision. It was based on the best information we had at the time. I now know different things, some of which I can’t share with you until after this other trial is over, and it certainly changed my opinion about the case. The county attorney (Ms. Duty) seems to suggest that somehow I am a bad person because a decision in the Morton case turned out to be incorrect. I would ask the public to look at that from a broader point of view. First, they ought to know that the county attorney officially defended our decision in the Morton case. The county attorney defended myself and the sheriff when the Innocence project asked a federal judge to intervene and require DNA testing. She expressly argued that the district attorney and the sheriff made reasonable arguments and had been fair and appropriate in how they investigated this case. The federal judge agreed and ended up dismissing the case. So it seems that the county attorney is hypocritical by changing her positions now that she needs a political advantage in running for D.A. I don’t think voters will appreciate and support that kind of political opportunism. I believe they will recognize that a mistake was made, acknowledged, and corrected. The question is whether we learn from our mistakes.”
The thing Mr. Bradley leaves out of his explanation is that he fought the Innocence Project’s efforts to establish Mr. Morton’s innocence every step of the way. That should haunt him to the end of time, though it did not dissuade him from running for reelection.
As you might expect, this has been a nasty race. The Wilco Watchdog, a blogger, and a very good one, wrote about a campaign event in which Duty was booed by a woman in the audience when she attempted to speak about the Morton case. The Williamson County Sun, widely read in the county, identified the woman who booed as Linda Berglund, but it did not identify Berglund as the sister of Round Rock attorney Mike Davis. But Wilco Watchdog knew who she was.
Perhaps the public has the right to know that Linda Berglund is the sister of Round Rock attorney Mike Davis, second chair in the Michael Morton case and the attorney whom District Attorney John Bradley refused to investigate for possibly illegally billing the county while Davis represented Don Higginbotham, a former judge who was accused of sexually harassing his employees. Perhaps it really doesn’t matter. But given the set of circumstances, in the interest of full disclosure, we felt that since the Sun did not inform the readers who Ms. Berglund is, we thought we’d let them decide the motives behind the “boos” and comments to the Sun.
Looking at endorsements in the case, Bradley is doing very well, as you might expect. Virtually the entire political establishment is in his corner–County Judge Dan Gattis Sr., his son (the former state rep), former Round Rock mayor Nyle Maxwell, 150 former grand jurors, a number of Republican precinct chairs, and so on. Duty has won the endorsements of the Cedar Park Police Association, the statewide Texas Fraternal Order of Police, and the two district attorneys who preceded Bradley. It is significant that Duty has raised twice as much as Bradley; however, in a local race where everybody knows the players and their histories, money may not be the decisive factor. Duty’s supporters, or, if you prefer, Bradley’s opponents, have placed bandanas on his signs, emblematic of the article of clothing on which the exculpatory DNA evidence was found.
The political implications of the story are clear. First, the clearing of Morton may give renewed life to an investigation of the Willingham case by the Forensic Science Commission. However, Attorney General Greg Abbott has given Perry cover by ruling that the commission cannot investigate any matters that arose before its creation. The attorney general cannot issue an opinion unless one is requested. Guess who requested it? John Bradley.
I think this is a lousy ruling. Injustice is injustice. Bad science is bad science. You can’t understand the present until you understand the past. The commission should be allowed to go on with its investigation into faulty arson science. As for Bradley, the Senate refused to confirm him as chairman after he called Willingham a “guilty monster.”
Brian says:
Paul – Just on a technical note, Ken Anderson himself was the immediate predecessor of John Bradley. Anderson held the post from the mid 80′s until Perry appointed him to the District Court. The two that you’re talking about preceded Anderson.
Have you seen any reliable polling on this primary? Despite all of the coverage that this issue has brought in the press, I’m still skeptical that Duty can overcome the “lock them up and throw away the key” mentality that pervades Williamson, particularly in the Republican primary. Bradley sounds tough, that’s all they need to know.
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Texian Politico Reply:
March 26th, 2012 at 12:39 pm
Duty has also never prosecuted a case and comes off in many forums as someone that is running for D.A. to spite the establishment in Williamson County, not to become a good D.A. I think she’ll lose this race by around 60-40.
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paulburka Reply:
March 26th, 2012 at 4:42 pm
I have not seen any polling. Duty claims to have done a poll before she decided to run that showed Bradley could be vulnerable.
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John from georgetown Reply:
March 26th, 2012 at 9:30 pm
Wow, she handles 80% of all cases in Williamson County…..you forget that!
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Kool-Aid Man Reply:
March 27th, 2012 at 10:59 am
Misdemeanors. Oh yeah!!!
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Katniss says:
Hm. A political race with two flawed humans running. Sounds familiar.
Bradley has clearly made mistakes. The process worked in those mistakes we know that he made. Same for Ms. Duty.
Ms. Duty, though, has never shown that she knows how to work as a team with other elected officials to solve problems and accomplish things. She seems congenitally wired towards conflict. So elected office will always be a battle for her.
Williamson County has always had a reputation for being tough on criminals, and it’s a much safer place to live than Travis. That’s one of the reasons people move there.
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paulburka Reply:
March 27th, 2012 at 11:13 am
“Bradley has clearly made mistakes.” That is a huge understatement. To compare his mistakes–squelching the Willingham investigation, refusing to allow DNA testing on possible evidence–these are not just mistakes, they represent malicious and evil conduct. There is no comparison between Bradley’s flaws and Duty’s.
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El Viajero Reply:
March 29th, 2012 at 3:02 pm
katmiss – I’m wondering, are you on Bradley’s staff, or are you a relative? You must be one or the other, because you’re defending the indefensable. Did you not read the comment posted by defense attorney Mark Brummer? John Bradley is merely flawed….he’s rotten to the core!
Oh, and for you information; people don’t move to Williamson county because it has ” a reputation for being tough on criminals, and it’s a much safer place to live than Travis.”. they move there because the taxes and real estate are cheaper.
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Wilco Voter says:
I see John Bradley has made his way to the comment section.
People are pretty much sick of the good ole boy network in Wilco and who really wants a “go along to get along” DA?
I for one can say that everyone I know is voting for Duty. Only the “establishment” players are supporting Bradley. Go figure.
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Texian Politico Reply:
March 26th, 2012 at 12:39 pm
I think Katniss is from The Hunger Games, not the Wilco D.A.’s office. Ha.
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Chris Fuller says:
John Bradley was cold busted lying last week and was called out by the Cedar Park Police. I’d rather vote for someone who bucks the system than a liar anyday.
http://www.statesman.com/news/local/cedar-park-police-association-says-da-wrong-about-2238609.html?cxtype=rss_ece_frontpage
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Swingin' from the Wilco Courthouse Tree says:
The problem is that even though John Bradley should probably be replaced, Jana Duty is the psycho-chick of the Wilco Courthouse. Too many people in Wilco just know she has more than one screw loose. So even though Wilco could do much better than Bradley, the Republican voters up here will probably stick with him, as too many people know that Jana is just plain muy loco.
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Texian Politico Reply:
March 26th, 2012 at 12:41 pm
I agree. Bradley has his issues, detractors, and vulnerabilities, but Duty isn’t the candidate that can beat him.
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Kool Aid says:
Nice to see the Bradley kool aid crowd is here to support their lying egomaniacal narcissistic buddy jb.
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Texian Politico Reply:
March 26th, 2012 at 3:07 pm
The folks in Jonestown actually drank Flavor-Aid, not Kool Aid. I think that’s what you are refering to, right?
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Kool-Aid Man Reply:
March 26th, 2012 at 3:13 pm
OH YEAH!!!!!
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bottomline says:
Duty’s problems are courthouse, insider stuff. The Williamson County Sun (probably less readers than this blog) has reported on her problems — which are real, but not widely known.
Bradley’s problems are as well known as a DA’s problems in a suburban county can be known. The Austin paper has reported on his problems to the Austin residents of the county. (Austin is the largest city in the county). His problems are better known to the unaligned voters who are paying attention.
Her signs out number his signs by a wide margin in Sun City which is the largest voting block in the county. New residents like the county’s law order reputation but are less inclined to the Boutwell, Anderson, Carter lock-em up and throw-the-key-away style of justice of the 80s.
Bottonline, big turn-out, she wins. Low turn-out, he wins.
Depends on Romney and Dewhurst. Romney wins before he gets to Texas, Bradley wins. Dewhurst generates high enough turn-out to win without a run-off, Duty wins.
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anita says:
I think you are being overly generous to describe John’s efforts as “mistakes”. Many of us have known John for years, including his service as a key staffer in the Legislature. There was no “mistake” about the positions he took standing in the way of very basic reforms. One of these issues that I was involved with for years eventually made it to the United States Supreme Court, which tersely ruled against the State.
And the argument that Williamson County is safer because of the actions of a prosecutor is ridiculous. I challenge you to find a defendant who will testify that he or she contemplated committing a crime in one jurisdiction but opted for the other to avoid an approach to prosecution. I think you’ll find that most criminals don’t apply that type of logic prior to engaging in what they do.
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anon-p Reply:
March 26th, 2012 at 5:17 pm
anita> I challenge you to find a defendant who will testify that he or she contemplated committing a crime in one jurisdiction but opted for the other to avoid an approach to prosecution. I think you’ll find that most criminals don’t apply that type of logic prior to engaging in what they do.
This is third-hand, but I was told of two occasions of suspected criminals fearing Wilco justice.
On one occasion of a police chase, a vehicle being pursued by police in Northeastern Travis County suddenly pulled over to the side of the road and surrendered. When asked why the sudden surrender, the suspect knew he was getting close to the county line and wanted to ensure he was caught in Travis County and not Wilco.
On another occasion, a ne’erdowell was arrested for robbery and told he was being extradited to Wilco for a previous robbery there he was a suspect in. Allegedly, he protested that he was sure to avoid knocking over stores in Williamson and only in Travis. When the address was pointed out to him to be just inside the border of Williamson county, he grew upset and later attempted to have his case federalized.
In a second hand experience, a former coworker lived in Cedar Park and described a known fact among his teenage son’s friends to avoid having parties with minors and alcohol in Williamson County. The Wilco DA was known to have thrown the book at juvenile offenders while the Travis County response was much more tolerant and relaxed. This was apparently vivid in the minds of the teens because of the way police being called out to parties a mere two blocks from each other in Cedar Park could have dramatically different outcomes.
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anita Reply:
March 26th, 2012 at 5:52 pm
You have too many hands.
Please keep in mind that John Bradley’s efforts to protect former prosecutors just in this case alone allowed a murderer to continue murdering. His dedication is to self-preservation and political expediency — and not to the pursuit of justice.
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Vernon Reply:
March 27th, 2012 at 11:20 am
With all due respect, I don’t believe two third-hand anecdotes and on second-hand anecdote prove a pattern of overall deterrence. Even if they were true, they don’t prove that criminal activity overall in Williamson County is substantially less because of stiff punishments. There are so many other factors that influence crime rates, only one of which being the local court system.
According to CAPCOG, in 2009 WilCo had a murder rate of 2.0 (up from 1.1 in 2008) and Travis Co had a murder rate of 2.7 (slightly up from 2.6 in 2008). That’s not a huge contrast considering the demographic differences between the two counties.
If the DA’s reputation for harsh punishments is the biggest reason for low crime rates in Wilco as some claim, why is murder almost on par with Travis co?
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Ringo Reply:
April 25th, 2012 at 10:09 pm
Right on Vernon. I know for a fact that some prosecutors in Wilco do not even look at the DWI video tapes before a trial. As far as they are concerned if you are arrested then you are guilty. They do not care to know the truth. This is definitely justice Bradley style.
Ryan P says:
The job of the District Attorney is to see to it that people are held responsible for their actions, yet John Bradley’s supporters want to re-elect someone to that position who outright refuses to take responsibility for his own actions.
And, worst of all, he gave a probable multiple murderer at least five more years of freedom, conspired with Ken Anderson and others to help them get their stories straight in advance of depositions, and talked down the bandana evidence so much that he gave Norwood’s attorney a roadmap on how to oppose the results (how easy is it going to be to prosecute Norwood if the District Attorney continues to say that the main evidence against him was contaminated? In trying to protect himself from his mistakes, he’s publicly undermining the case against the actual murderer).
You’d think the people of Williamson County would want a DA who’s tough on crime rather than one who undermines cases against murderers and doesn’t think people should be held responsible for their actions.
In John Bradley’s own words, “The public might want to remain skeptical of a [person] who to this day does not accept responsibility.”
The voters should keep John Bradley’s own words in mind when casting their vote.
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Brian says:
My fear is that not enough primary voters will realize or care that Bradley isn’t tough on crime, he’s just the schoolyard bully. Duty’s fights with the Commissioners Court have been well publicized enough that it will likely cost her some votes, and Bradley is just the type to pull an October surprise on Duty right before the election.
I’m from Williamson, and I’m afraid that the people who care about abuses of power, intimidation, etc. will be outvoted by the sheeple.
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Texian Politico Reply:
March 26th, 2012 at 3:11 pm
Brian, you need to move to Travis County and vote for Charlie Beard. He’d be a good D.A. for you.
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jpt51 says:
Bradley’s unfit to be dogcatcher. I understand peers at the Harris Co. DA’s office didnn’t weep tears when Gov. Perry promoted him to DA in Williamson Co.
It’s the old story of scratch my back and I’ll scratch yours. After the appointment, PERRY waited for years to get paid back, having Bradley stall the investigation of Todd Willingham until AFTER the election. AG Abbott is no better, just a political hack that will do whatever it takes to pander to those pulling Perry’s strings in hopes they will back Abbot for governor.
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paulburka Reply:
April 2nd, 2012 at 5:47 pm
You may not like Abbott, but he’s not “just a political hack.”
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Kris says:
I think it is Bradley who should be concerned about an “October surprise” with everything that keeps surfacing daily about him.
That scuttlebutt with the Cedar Park Police painted him to be the liar he is. More is bound to surface on him. Just a matter of time… or should I say timing.
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anita says:
It would actually be a “May Surprise”, considering all the action in this race will be in the Republican primary.
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ConcernedWilcoVoter says:
I’ve been to candidate forums and listened to both Bradley and Duty. I’ve lived in Williamson County for 20+ years. Duty handles 85% of all criminal cases in the county as well as all juvenile cases and CPS cases. No county can afford a Michael Morton-type case, and Bradley fighting DNA testing for 6 years is just in-excusable as a District Attorney. Bradley is the only candidate that has a reputation of not seeking justice. I want a DA who seeks justice, and the person is Jana Duty.
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Righteous Bubba says:
So Williamson County is *safer* because the DA “throws the book at juvenile offenders” and cuts sweet plea bargains for sex-offenders?
If you’re not familiar with some of the suspect plea bargains that Bradley’s office has offered child abusers, just go to the Wilco Watchdog site and read it for yourself. Unlike some people who just spout bovine excrement out of their mouths in support of their political buddy, the Watchdog actually publishes copies of the legal documents.
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El Viajero Reply:
March 29th, 2012 at 3:22 pm
Righteous Bubba – Bradley “cuts sweet bargains for sex-offenders” if they’re cops. Look at the case of Jimmy Fennel. cops and politicians get treated very differently than regular folks.
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John Johnson says:
Why is it that with friends, family, and co-workers we appreciate someone who is constantly evaluating their position on any given issue, based on information gathered through investigation and observation, or through enlightment provided through personal experiences?
“I’m sorry, I made a mistake” is applauded by most of us when someone is willing to admit that they made a poor choice in the past when acting or passing judgement. We find this trait shows strength of character.
For some reason, we don’t find this trait very often in politicians…and especially in District Attorneys. I find that odd.
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El Viajero Reply:
March 29th, 2012 at 3:44 pm
John Johnson – It’s because politicians usually only admit to their mistakes when they have no other choice. In the case of Bradley, his admission seems extremely hollow.
Make no mistake, he’s not a good person, and it’s doubtful that he learned from his “mistake”.
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vietvet3 says:
There are 2 tragic facts in this sordid story that stand out from all the political nonsense: 1. Ken Anderson arrogantly obstructed justice and ethical behavior. He was later officially abetted in the obstruction by John Bradley. 2. For the decades long Anderson-Bradley conspiracy, a deranged killer ran free and probably killed another woman.
Both are blaming “the system” Trouble is, the District Attorney IS the system.
SHAME ON JOHN BRADLEY
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steve says:
kxan 3-26-12
WWJD
What would John do?
Question is why did John do (what he did)???
kxan.com
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anita says:
Let’s keep this in perspective. Republicans love to speak of freedom and liberty in broad terms, and our AG is on our tab in DC arguing that a requirement to purchase health insurance violates our liberty. Meanwhile, we have a Republican DA in Williamson County who apparently thinks leaving an innocent man to rot in jail for 6 years is no infringement on liberty or freedom.
Republicans in Williamson County have to decide in May whether they actually value liberty and freedom. We’ll all be watching.
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El Viajero Reply:
March 29th, 2012 at 3:47 pm
anita – We will all be watching that one. If Bradley’s re-elected, Republicans speaking of “freedom and liberty” will be liars.
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Willie James says:
Republicans speak of freedom and liberty as a dog speaks of a bone. Only freedom and liberty to do as they want.
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John Johnson Reply:
March 27th, 2012 at 10:56 am
And what do Dem’s do, Willie?
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El Viajero Reply:
March 29th, 2012 at 3:49 pm
Democrats don’t value liberty either. both Republicans and Democrats are nanny staters who want the police to be their personal security guards.
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Peggy Venable says:
Frankly, Williamson County voters are tired of the good ol’ boy games being played at the Williamson County Courthouse. I am tired of Williamson county being an embarrassment to residents here. I am tired of our county officials using our tax dollars to lobby (and trying to convince us it is four our own good.) If our county officials can’t contact legislators and discuss issues of interest to our county, then don’t run for election and take that nice salary we pay you. It’s time for change. I am voting for Jana Duty.
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Max Venable Reply:
March 27th, 2012 at 11:05 am
Forget all this talk. I’m voting for the Reds!
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Michelle Jenkins says:
http://www.kxan.com/dpp/news/local/austin/the-michael-morton-interview
John Bradley OWNED by Michael Morton
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Changed My Vote says:
I was voting for Duty until Burka endorsed her. If Burka and the rest of the libs in Austin don’t like Bradley, that’s all I need to know. John you get my vote.
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El Viajero Reply:
March 29th, 2012 at 3:53 pm
Changed my vote – how pathetic. You’re voting for an evidence suppresor and accuser of innocents,who has absolutely no morals or compassion fro his fellow human beings, because Burka endorsed his opponent? This is not a legislative or executive office, it’s supposed to be about justice. With John Bradley, Ken Anderson, and Billy ray Stubblefield, there is no justice.
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Cincinnatus says:
“these are not just mistakes, they represent malicious and evil conduct.”
Seriously, Paul? “Evil”?!?
I know this is just a blog, but that’s one of the least professional things I’ve ever heard you say. Or are caricatures your new stock in trade? If so, you need to jump into the Trayvon Martin dispute post haste.
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anita says:
The context in which Paul made the comment — squelching the Willingham investigation, refusing to allow DNA testing on possible evidence — how else would you describe these actions?
The role of a lawyer, and especially of an elected District Attorney, is a special one that comes with responsibilities. Mr. Bradley made decisions that can’t be written off as “mistakes” — they were deliberate and they had consequences.
Look Mr. Morton in the eyes and tell him that the actions of the man responsible for his continued loss of liberty were not “evil” or “malicious” conduct.
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Inigo Montoya says:
I do not think that word means what you think that word means.
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Ausowl says:
Boy, what a choice! On the one hand Bradley, the Morton case, Willingham case, et seq. On the other, Duty’s office’s track record in failing to set up a competent system to obtain protective orders for victims of spousal abuse (hint to Williamson CA’s office, spend five minutes talking to Travis CA’s DV unit).
http://www.statesman.com/news/local/slain-georgetown-woman-had-inquired-about-filing-protective-1948045.html
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Peggy Venable's Sperm Donor says:
So the Koch Brothers’ Mistress Peggy Venable is for Jana Duty? John Bradley you have my vote!
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paulburka Reply:
March 30th, 2012 at 12:41 pm
This kind of gratuitous personal remark has no place on this blog. Please refrain from personal attacks.
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Dan Simpson says:
Duty has also never prosecuted a case and comes off in many forums as someone that is running for D.A. to spite the establishment in Williamson County, not to become a good D.A. I think she’ll lose this race by around 60-40 at least!
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LOL says:
And now John Bradley can’t find a job. You Texian..you are an idiot.
Texian Politico Reply:
March 26th, 2012 at 12:39 pm
Duty has also never prosecuted a case and comes off in many forums as someone that is running for D.A. to spite the establishment in Williamson County, not to become a good D.A. I think she’ll lose this race by around 60-40.
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