The motion, signed by Innocence Project co-founder Barry Scheck and Houston lawyer John Wesley Raley, doesn’t simply ask for a new investigation, it asks that a judge appoint a special prosecutor, stating “Mr. Bradley surely cannot be trusted to impartially investigate the case now.” This wording comes perhaps not from a place of retaliation, as Bradley alleges, but after the evidence showed Bradley’s office may have ignored evidence present at the time of trial that could have spoken to Morton’s innocence.

One piece of evidence that was crucial in Morton’s conviction was a blood stained bandana. However, recent DNA testing showed that the bandana did not have Morton’s DNA on it and instead had that of an “unnamed California felon.”

Also, the recently filed motion states that the previous District Attorney may have hid evidence from Morton’s lawyers during the trial. A police transcript shows that the Mortons’ young son witnessed the murder and claimed it was not his father who attacked and killed his mother. This transcript was never given to the defense

Although Bradley was not in office when Morton was convicted, the motion filed by the Innocence Project of New York states that his office, which was responsible for the original prosecution of the case, cannot be trusted to handle an investigation fairly. The motion also alleges that Bradley has shown “unprofessional animosity” towards Morton and his attorneys.

“It seems to me that there’s a pretty big attempt here to retaliate or make personal attacks rather than litigate in the courtroom, “Bradley said, taking offense to the wording of the motion. “If the investigation shows that he is in fact innocent, then that will be the result.”

It’s easy to see, however, how not everyone would trust this to be the case. Numerous cases of prosecutorial misconduct and wrongful convictions are intertwined, often showing that regardless of what the investigation shows, an innocent man can go to prison.

There’s a saying in jails and prisons, that everyone there is innocent. But it seems more and more likely that there are more innocent people behind bars than we may have ever imagined. There are cases of wrongful convictions. And they all started with an accusation and a charge.

If you’ve been charged with a criminal charge in Texas you didn’t commit, avoiding a conviction at all costs is the ultimate goal. It might not be a murder charge, but when you are looking at prison time and a permanent criminal record—it’s serious.

According to the Dallas Morning News, several now-exonerated men have been urging lawmakers to take action this session, by passing bills that would make it more difficult for the innocent to be wrongfully convicted. From changing the way police do lineups to making it easier for the exonerated to get on with their lives, the hope is that many if not all of these protections will soon be in place.

Currently, there are no mandatory standards for eyewitness identification in Texas. One department may do things completely differently than the next. And it’s anyone’s guess if they are doing them in a manner consistent with the pursuit of real justice. According to the Innocence Project, mistaken eyewitness identification has played a role in the majority of DNA exonerations, 38 of them in Texas.

More than any other jurisdiction, 22 of 45 Texas exonerations were in Dallas County. According to the Justice Project, as of 2008 only 12% of Texas police departments had written policies for lineups.

Here’s a quick rundown of some of the bills pending:

• Changes to eyewitness identification and lineup procedures
• Expansion of post-conviction DNA testing
• Assistance for the wrongfully convicted
• Recording police interrogations of some violent offenses
• Creation of a Texas Innocence Commission
• Changes to inmate access to habeas corpus (the route to exoneration through claims of innocence)

Some of these reforms have been labeled “not likely to pass” by lawmakers and the press alike. But even if a few of them pass, it would be a step in the right direction. Ensuring some action is taken to prevent the wrongful conviction of citizens is crucial in maintaining any sort of integrity of the justice system. For every safeguard voted down by the lawmakers, public confidence in their commitment to real justice wavers.

There’s an old saying that “everyone” in jail is innocent. And while many may make that claim, there are some who have in fact been wrongfully arrested and wrongfully convicted. Avoiding this in the initial stages of the justice process is far preferable than trying to overturn a conviction.

If you are accused of a crime, an experienced Texas defense attorney is there to help you clear your name. Even if you are guilty, your attorney can help you determine your options and work towards getting the best results possible on your day in court.

The criminal citations will be used for Texas misdemeanor charges such as criminal mischief, driving on a suspended license, and theft under $500. Being issued a summons or citation instead of being arrested does not reduce the legal penalties for these offenses, but will prevent defendants from being arrested on the spot, booked, and possibly spending a night in jail. The goal is to free up police officer’s time to continue patrolling and other work that enhances public safety.

It’s an open question whether this will create an incentive for police to more aggressively charge and cite criminal offenses, since they will have more time to do so, with less administrative overhead and hassle.

And is this effort a burden shift onto the courts? Will there be more court hearings required to establish probable cause for these arrests? That may be why district attorneys such as Williamson County District Attorney John Bradley are against it.

But overall, it does sounds like a reasonable program to increase the efficiency of police officers, while making things simpler and less onerous for someone who happens to be accused of a minor misdemeanor criminal offense.

Update: More commentary on cite and release here.

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If you are accused of a felony or misdemeanor or criminal offense in Texas, please contact our defense attorneys for a free case evaluation on your charges.

Under current law, sobriety checkpoints, or DWI roadblocks are prohibited in Texas. Their effectiveness has always been questions. Advocates point to a 2001 CDC report that claims that checkpoints can reduce drunk driving fatalities by 20%, an astonishing claim. Critics believe they are both ineffective and in clear violation of the 4th Amendment of the Constitution which sets a clear requirement for probable cause for search.

Drunk Driving victims advocacy groups like MADD have long advocated requiring an ignition interlock device on vehicles of anyone convicted of a DWI, even a first offense.

An ignition interlock is a car breathalyzer that prevents a vehicle from starting before the driving blows a clean sample of alcohol free breath into a small device. If the person fails the test, the failure is noted and logged, and the car will not start.

Under current Texas DWI laws, an ignition interlock device is only required after a 2nd offense conviction, typically in conjunction with a limited occupational license. Some states like Arizona and Illinois have passed laws requiring any convicted drunk driver to have one of these systems installed as a condition of license reinstatement.

It remains to be seen how much emphasis there is on these efforts in the Texas legislature.

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For a free consultation on a Texas DWI arrest, please contact our attorneys today.