A Dallas area small business owner and father of six was charged with assault after an unruly customer entered his store, demanded return of his items that were off location, and then refused to leave. After repeated requests, the business owner at last escorted the man out of his store. Upset, the man called the police and claimed he was assaulted. Police arrived and interviewed both individuals. As is so often the case, the “race to 911” framed the circumstance in such a way that the police caller became the victim, and the business owner became the party at fault. Despite no hard evidence, the police officer proceeded to charge the business owner with assault.
Enter the Michael Morton Act
Rewind to 1987, when a Texan by the name of Michael Morton was convicted of the murder of his wife in Williamson County. The only problem? He didn’t do it. After almost 25 years in prison, DNA evidence established that he could not have committed the crime, and was wrongfully convicted. An innocent man jailed for almost 25 years . . . how could this happen? As the story unraveled, it turned out that it was not the fault of Morton’s defense attorneys, the jury, or the judge, but rather the prosecutor, who intentionally withheld the exonerating evidence that would have shown Morton did not commit the crime. Public outcry demanded the enactment of safeguards against this sort of dangerous practice, in which prosecutors put their need to win over the interests of justice.
On May 16, 2013, Texas House Bill 1611, also known as the Michael Morton Act, was signed into law. Under the new law, prosecutors are required to turn over all evidence to defense attorneys in an “open file policy.” With very narrow exceptions, everything the prosecution has, the defense gets. That way, the law contemplates, the merits of a case can more accurately be adjudicated, leading to more equitable and just outcomes in the criminal justice system in Texas.
Comply, or Dismiss?
Back to our business owner wrongfully charged with assault: a threat to his business, his livelihood, and his family. The prosecutor originally asked him to accept responsibility for the charge, and pay a fine to the city. Instead, he hired the Law Office of Walker Fults, and received immediate aggressive legal attention to his case. After an initial court appearance, I requested the body camera footage the police officer recorded immediately preceding the charge he issued to my client. The prosecutor dodged and rejected my requests time after time, misrepresenting the law and refusing to admit the prosecution office’s obligation to turn over all evidence in its possession.
In the end, however, persistence pays off when you refuse to take “no” for an answer. After sticking to the law and setting the case for trial, the prosecutor backed down by dropping all charges and dismissing the case outright.
Part of the enjoyment of my job is winning such victories in court, but even sweeter is delivering that message to a client who has trusted me with his or her case. After calling the client and informing him that all charges had been dropped and his case dismissed, I sensed a wave of relief wash over him, as if nothing had ever occurred in the first place. Twenty-five years after Michael Morton, his story has become law that protects charged individuals in Texas from prosecutorial overreach every day.
Don’t Get Pushed Into a Bad Deal: Stand Up for Your Rights
If you’ve been charged with a crime, it’s natural to feel like everything is on the line. How will this affect my career, reputation, finances, and future? If you have been charged with a crime, make sure your rights are fully protected by a skilled and experienced attorney who never backs down until he’s won the absolute best outcome for his clients. Seek the legal counsel of a qualified member of our legal team by calling the Law Offices of Walker Fults today at (214) 838-0557.
