Houston DWI Lawyer | DWI Defense in Houston, TX

Michael Morton spent 25 years in before new evidence forced Texas prosecutors to agree on Monday to release him from prison for beating his wife to death —a crime that he maintained he never committed, after DNA tests showed another man was responsible.

The Innocence Project  has claimed in court documents that John Bradley, the District Attorney of Williamson County since 2001, suppressed evidence that strengthened Morton's case during the DNA proceedings. That evidence — including a transcript of a police interview indicating that Morton's son said the attacker was not his father — was ultimately obtained by the Innocence Project through a request under the Texas Public Information Act.

Tests performed on a blood-stained, blue bandanna found shortly after the crime near Morton's home revealed DNA from Morton's wife and an unidentified man convicted in multiple states, including California. According to news reports DNA techniques not available during the original trial but now available, helped link the DNA to a possible serial killer who committed other murders in the Austin area in the 1980s.

The case demonstrates the importance in the advances in forensic science that can help lead to the defense of those charged with violent crimes such as  murder, aggravated assault and sexual assault. If you or someone you know is need of the services of a Houston Criminal Defense Attorney experienced in defending violent crime cases, call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

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Among the many changes in the Texas Penal Code which went into effect on Tuesday, September 1, 2009, is HB 176 relating  to Penal Code Section 22.02 which is the statute addressing the crime of Aggravated Assault.

The law was amended to provide that Aggravated Assault, which in most instances is punishable as a second degree felony, is punished as a first degree felony, if the actor is in a motor vehicle, and knowingly discharges a firearm at or in the direction of a habitation, building , or vehicle , and is reckless as to whether the habitation, building, or vehicle is occupied, and in discharging the firearm, causes serious bodily injury to any person.

Under the previous law if someone was shot in a drive-by shooting and injured seriously, even if the injury was as serious as paralysis, the punishment for the accused was limited to a second degree felony. The new law could mean up to life in prison for a drive-by.

If you are in need of the services of a Houston Criminal Defense Attorney call Texas Board Certifed Attorney Mario Madrid at 713-877-9400.

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