GEORGETOWN, Texas (KXAN) - The charges that Ken Anderson willfully withheld evidence when he prosecuted Michael Morton for the murder of his wife in 1986 should be dismissed because the statute of limitations has run out, Anderson's lawyer argues in court documents.
Anderson, now a state district judge, was arrested last week after the judge in a special court action said there was enough evidence to charge him with illegally hiding evidence that could have helped avoid Morton being wrongfully convicted more than 25 years ago.
Anderson was swiftly released on bond, but the court document contends he should never have been charged in the first place and that the trial to determine whether he is guilty should not happen because too much time has passed since Morton's prosecution.
"This rule is not discretionary, but mandatory," lawyer Knox Fitzpatrick says in the court filing. "A court presented with such a petition has not option other than ... to declare the charges void."
A court date has not yet been set for examining Anderson's recent filing.
Travis County District Attorney Rosemary Lehmberg heads to court this week as a defendant in a civil trial that could oust her from office.
Late Saturday night into early Sunday morning, a light band of freezing drizzle traversed the I-35 corridor eastward. With sub-freezing temperatures, even the light precipitation created major problems.
A 10-year-old was killed while standing outside a vehicle after the child's family was involved in a fender bender, DPS said.
Austin Police confirm they have located an 82-year-old women who went missing last night.
APD is responding to a 25 vehicle accident near the 5400 block of Ed Bluestein near Thurgood Ave.
A man is dead after being hit by several vehicles in the eastbound lane of Highway 71 Saturday night.