Former prosecutor testifies at inquiry

GEORGETOWN, Texas (KXAN) - Judge Ken Anderson sat quietly in court as a former Williamson County assistant district attorney testified she heard him discuss the eyewitness account of Eric Morton in his mother's murder.

Kimberly Gardner told the court Anderson discussed Eric's statement to his maternal grandmother in a strategy session with other prosecutors before the 1987 trial.

"He said, 'the kid thinks a monster killed his mother,'" Gardner testified Tuesday during the second day of Anderson's Court of Inquiry. "I remember asking well, gee, can that be used in the trial. And the answer was no because he's not a competent witness and its hear say."

Gardner's testimony contradicted a deposition played for the court in which Anderson repeatedly stated he could not recall many of the details in the Morton case. He specifically said he did not recall knowing about Eric's statements to his grandmother and that he did not know if that evidence was shared with defense attorneys.

Gardner said she liked Anderson and was grateful to him for giving her a job when she was a young attorney.

"It's very hard to do this because I don't want to be here," Gardner said as Anderson looked on. "But I know what I heard."

Eric Morton's eyewitness account is one of several pieces of evidence attorneys for Morton said they were not provided at the original trial that they believe could have led to doubt about Morton's guilt.

"I do not recall Mr. Anderson or (former prosecutor Mike Davis) ever saying that the defense was already aware of Eric's statements regarding the murder," Gardner testified. "Rather, it was my impression Mr. Anderson simply made the decision he was not going to use that evidence at trial."

Repeatedly in court on Tuesday, Anderson's attorneys objected to the showing of the six-hour deposition, arguing much of it was not relevant to the Court of Inquiry. Each time, Judge Louis Sturns overruled the objections.

Micahel Morton was convicted of his wife's murder and spent almost 25 years in prison before DNA cleared him in 2011.

Wednesday, another former Williamson County prosecutor, Doug Arnold is expected to testify, along with Morton's original defense attorneys Bill White and Bill Allison.