08.07.08
Lawsuit Filed Against County For New DNA, Fingerprint Tests
Reading over what’s been reported about a lawsuit [.pdf] that’s been filed against Williamson County District Attorney John Bradley and Sheriff James Wilson one thing becomes evident pretty quick. The two crimes in the lawsuit, committed in the 1980′s, were likely committed by the same person, or persons. The lawsuit seeks testing of fingerprint and DNA evidence in order to, “exonerate a man who has been in prison for 21 years and help solve a similar local crime, Innocence Project says”.
The Innocence Project is calling the lawsuit, “..the first in the nation in which a crime victim or a victim’s relative has joined a prisoner in a lawsuit seeking DNA testing”. One murder, (Mildred McKinney), remains unsolved, and her daughter, Patricia Stapleton, is still grieving over her mother’s murder. The other murder, (Christine Morton), her husband stands convicted, but has maintained his innocence since being charged and convicted of the crime in 1987.
While it may be understandable to some that the DA doesn’t want the county’s “papers graded” 25 years later, it’s hard to imagine why anyone wouldn’t want to find out the truth in these cases. Because of the similarities of the murders it likely means either the correct guy was convicted in 1987 for the Morton murder and he is also responsible for murdering McKinney. Or they convicted the wrong man in 1987 and they now have two unsolved murders. Here’s what DA Bradley had to say:
The Innocence Project said the prosecutor has resisted DNA testing for years and could very well solve both crimes, and Innocence Project staff attorney Nina Morrison said the access to the DNA evidence District Attorney John Bradley denies is imperative to the case.
“It’s really frustrating,” said Morrison. “It’s baffling to me. There’s no reason why we would not go to court.”
Though Morrison said the DNA evidence could conclusively solve two murder cases, Bradley has a different stance.
“It’s rather silly to turn over physical evidence on an unsolved murder to a person who has no business conducting an investigation,” said Bradley. “If there is evidence, you can bet law enforcement is fully pursuing those things, and we’ll get them accomplished.”
Bradley said the investigation into the McKinney murder is ongoing and not closed, and they are working on good leads but do not discuss the details.
While it’s likely the almost 30 year old unsolved murder case was not on the front-burner for Bradley and the DA’s office, the media attention has likely moved it closer to the fire. No doubt it’s a tough spot for Bradley, since he was not around when either murder was committed, but if he can’t pursue it he should step aside and allow it to be done. If not to exonerate a potentially innocent man, at least to help ease the mind of a women whose mother was murdered almost 30 year ago.
KVUE and MyFoxAustin had video reports last night.
Jaime McCain Lynn said,
August 7, 2008 at 12:35 pm
Why be an (apparent) obstructionist to truth and justice?
Why would anyone be afraid of evidence that may very well do one of 2 things: 1) Prove one’s innocence, or 2) Prove one’s guilt??
Mildred McKinney was the Grandmother of a good friend of mine, and I spoke with him about this yesterday morning. I can assure you that he, as well as the rest of his family, want to ensure that justice is exacted on the actual culprit, and would never support the imprisonment of an innocent man while the truly guilty remains free.
There have been something like 12-14 individuals exhonerated in Dallas County through modern DNA evidence. This, too, was heavily resisted for years by the DA’s office, until one finally was placed in office who believed in the rule of law, and the Constitution. Those exhonerations exposed a deep, decades-long level of deceit by Dallas County’s DA, in which evidence of innocence was often hidden. This “get a conviction at all costs” to prove that they were “tough on crime” mindset resulted in convictions of many innocent citizens.
Meanwhile, due this win at all costs philosophy, those truly guilty of the crimes for which others were sentenced remained free to commit additional crimes against the citizens. The citizens were put at greater risk because the DA valued convictions over truth or justice. That is a travesty.
I cannot opine as to whether a similar philosophy exists in Williamson County’s DA office. But I would certainly like to believe that John Bradley would rather see that true justice is done – as is the mantra of a prosecutor – for the greater protection of the citizens of Williamson County.
Certainly, the good people of Williamson County demand no less from their District Attorney.
wcnews said,
August 7, 2008 at 2:47 pm
Very good point, the guilty party(s) could still be on the loose.
Certainly we would all like to believe that the DA wants to see justice done, and protect the citizens of the county.
wilcowatcher said,
August 7, 2008 at 5:04 pm
“Certainly we would all like to believe that the DA wants to see justice done, and protect the citizens of the county.”
And I’d like to win the lottery… and winning the lottery may be more likely.
wcnews said,
August 7, 2008 at 5:06 pm
Certainly.
FedUp said,
August 7, 2008 at 5:37 pm
Williamson County Constable Gary Griffin 08-07-2008 15:57:36
If you research a blog Mr. Bradley posted sometime ago regarding the overturned convictions in Dallas resulting from DNA testing he stated “Innocence trumps everything”. You see in Williamson County Texas Justice, Innocence & Truth are secondary. And you don’t dare, I mean don’t dare challenge Mr. Bradley on any issue at any level!…That is the way Team Wilco rolls…This shouldn’t suprise anyone living in this area, as it has been this way for a very, very, long time…Respectfully, Constable Gary Griffin, Round Rock, Texas
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Against the Machine 08-07-2008 16:17:48
Could it have anything to do with the “Royal Succession?” In other words, the good ole boys just being the good ole boys?
1976 Ed Walsh is elected as DA 1980 Hires Ken Anderson (same year Mrs. McKinney is murdered); 1984 serial killer Otis Toole confessed to the murder and was indicted but never prosecuted for this murder. 1985 Anderson is appointed DA by Perry. 1986 Attorney General publishes report stating Toole was in Florida at the time of Mrs. McKinney’s murder. That same year Mrs. Morton is murdered and the crime scene has remarkable similarities to the McKinney crime scene. 1987 Mrs. Morton’s husband is convicted of her murder. 1989 DA Anderson hires Bradley as a prosecutor. 1996 Williamson County dismisses the indictment against Toole. 2001 Anderson is appointed by Gov Perry to the 277th District Court, Gov Perry appoints John Bradley as new District Attorney, Anderson’s replacement. In 2006 Judge Billy Ray Stubblefield, presiding over the 26th District Court since 1992, refuses DNA testing on the bandana and doesn’t completely answer the motion filed 18 months earlier. 2008 Sheriff James Wilson refuses to turnover pertinent police records and documents in McKinney’s death to the counsel for Mrs. McKinney’s daughter. His refusal was prepared with *******tance from the DA’s office in which they claim there is an ongoing homicide investigation.
Then why will WilCo not do the DNA testing themselves and compare the 2 murder scenes? It appears there were overwhelming similarities. How is this ongoing investigation being conducted. My gosh, it’s been 28 ye*******ince the first murder.
The boys aren’t doing the DNA testing and they don’t want anyone else to. Have they destroyed or misplaced the evidence? Are they afraid of the results of DNA testing? Have both investigations and evidence been so badly botched over the years the boys are afraid their incompetence will be revealed? What is really going on here?
Go to http://eyeonwilliamson.org/?p=2272 and read the lawsuit.
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Texas Progressive Alliance Round Up Aug 11, 2008 | BlueBloggin said,
August 11, 2008 at 7:33 am
[...] WCNews at Eye On Williamson posts on the Williamson County DA’s unwillingness to test DNA evidence in a almost 30 year old unsolved murder, Lawsuit Filed Against County For New DNA, Fingerprint Tests. [...]
Texas Progressive Alliance Round Up Aug 11, 2008 « TruthHugger said,
August 11, 2008 at 7:35 am
[...] WCNews at Eye On Williamson posts on the Williamson County DA’s unwillingness to test DNA evidence in a almost 30 year old unsolved murder, Lawsuit Filed Against County For New DNA, Fingerprint Tests. [...]
Eye on Williamson » Texas Blog Round Up (August 11, 2008) said,
August 11, 2008 at 9:02 am
[...] WCNews at Eye On Williamson posts on the Williamson County DA’s unwillingness to test DNA evidence in a almost 30 year old unsolved murder, Lawsuit Filed Against County For New DNA, Fingerprint Tests. [...]
Topless Painting Of Sappho & Texas Progressive Alliance Weekly Round-Up « Texas Liberal said,
August 13, 2008 at 7:45 pm
[...] WCNews at Eye On Williamsonposts on the Williamson County DA’s unwillingness to test DNA evidence in a 30-year-old unsolved murder case in Lawsuit Filed Against County For New DNA, Fingerprint Tests. [...]
» Texas Progressive Alliance Blog Round-Up: 08/11/2008 - By ¡Para Justicia y Libertad! said,
August 14, 2008 at 8:53 am
[...] WCNews at Eye On Williamson posts on the Williamson County DA’s unwillingness to test DNA evidence in a almost 30 year old unsolved murder, Lawsuit Filed Against County For New DNA, Fingerprint Tests. [...]