Texas Senate Debates Amending Morton Act Amid Claims of Misuse and Defense Concerns

AUSTIN, Texas – A significant alteration to the Michael Morton Act, a piece of legislation designed to prevent misconduct by prosecutors, is currently being considered by the Texas Senate. Introduced in 2013, the original act was named after Michael Morton, a man wrongfully convicted of his wife’s murder due, in part, to the withholding of critical evidence by prosecutors. This act mandates that prosecutors disclose all pertinent evidence to the defense automatically, a requirement meant to enhance transparency and fairness in the judicial process.

Recently proposed Senate Bill 1124, authored by Sen. Joan Huffman of Houston, seeks to modify the existing legislation. The bill was brought before the Senate Criminal Justice Committee this past Tuesday, sparking a lively debate characterized by testimonies from several Texas district attorneys. These legal professionals argue that the current form of the Morton Act has been manipulated by defense attorneys in ways that result in the dismissal of valid evidence, particularly in cases where the police may possess evidence unknown to the prosecutors.

In contrast, many defense attorneys contend that the proposed changes would unduly empower prosecutors at their expense, potentially tipping the scales of justice. Samuel E. Bassett, former President of the Texas Criminal Defense Lawyers Association, voiced concerns about the bill granting excessive discretion to district attorneys, which could undermine the pursuit of fair trials.

Sen. Huffman maintains that SB 1124 aims primarily to curb abuses of the system without impinging on the disclosure of exculpatory evidence — that which could exonerate a defendant. Specifically, the bill would limit requests for copies of materials if deemed “unduly broad or burdensome,” thus aiming to streamline the legal process while ostensibly protecting defendants’ rights.

The backdrop to this legislative push is the story of Michael Morton himself, who served 25 years of a life sentence before being exonerated. Morton’s conviction in 1987 pivoted on suppressed evidence by the prosecution that, once uncovered through DNA testing, pointed to another suspect entirely.

The proposed modifications to the Morton Act have stirred varied reactions. District Attorney Brad Middleton of Fort Bend County shared an anecdotal instance wherein crucial body cam video evidence emerged only during a trial, suggesting that the current law sometimes reveals evidence too late in the judicial process.

Critics of the bill argue that restricting evidence requests without knowing the full scope of what is held by the state risks a significant decrease in transparency and may shield critical information necessary for building a defense. The ongoing debate highlights the delicate balance needed between efficient legal processes and the rights of the accused to a fair trial.

This bill successfully passed out of committee with a 4-0 vote, with only four senators present at the time of voting. It now moves closer to potentially reshaping how evidence is disclosed in Texas criminal courts, underlining the continuous evolution of legal processes in response to past judicial errors and current courtroom challenges.

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