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Judge facing criminal charges resigns

| Tuesday, Sept. 24, 2013, 7:24 p.m.

AUSTIN — A Texas judge charged with misconduct in the prosecution of a man who spent 25 years in prison for a killing he didn't commit resigned on Tuesday.

State District Judge Ken Anderson wrote in a one-sentence letter to Gov. Rick Perry that he is stepping down immediately from his Williamson County court. He did not give a reason.

Anderson awaits trial over whether he concealed evidence as a district attorney in the 1980s. Eric Nichols, an attorney for Anderson, did not immediately return a phone message.

Before Perry appointed him as a judge in 2002, Anderson was the district attorney in Williamson County and prosecuted Michael Morton in 1987 in the murder of Morton's wife. Morton always proclaimed his innocence, and he was exonerated in 2011 based on DNA evidence.

In April, a special court of inquiry determined that Anderson intentionally concealed evidence favorable to Morton's defense.

A former U.S. attorney is leading the prosecution against Anderson on charges of criminal contempt of court, tampering with evidence and tampering with government records.

A trial date has not been set. If convicted, Anderson could face 10 years in prison.

Anderson has apologized to Morton for what he called failures in the system but said he believes there was no misconduct in the case.

Christine Morton was fatally beaten in the family's north Austin home in 1986. Another man earlier this year was convicted of killing her and was sentenced to 25 years in prison.

Among the evidence Morton's attorneys claim was kept from them during his trial were statements from Morton's then-3-year-old son, who witnessed the killing and said his father wasn't responsible. They also said they didn't know about interviews with neighbors, who told authorities they saw a man park a green van close to the Morton home and walk into a nearby wooded area before the slaying.

Anderson's most recent four-year term as judge was expected to end next year.

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