OUR MEMORIAL DAY SPECIAL EDITION
The Criminal Prosecution of Michael Morrison
The Truth Is Hiding In Plain Sight
The Status Quo Seeks To Protect Itself
After Being Shot In The Back By The Police
See How The Criminal Justice System Is Now Determined To Stab Morrison In The Back
May 30, 2016
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Being Able To See The Forest From The Trees!
The purpose of this particular article is NOT to rehash the entire events surrounding the October 2012 shooting and arrest of Mr. Michael Morrison by the Holly Hill PD.
Nor will this article's main focus be on the fact that somehow - while Morrison was alledgely pointing a hand gun directly at two police officers - that had broken into his home at 2AM - he ended up with a police bullet in his back. Rather, this article's purpose will explore and question whether - there is some collusion between the police, the State Attorney and the Court itself - to deny Morrison a fair trial?
We will of course - give a quick fact based replay of his arrest - prior to exploring our concerns of misconduct by law enforcement and court officials.
Should you need to known more about the events of Mr. Morrison's arrest - and his over three year criminal prosecution - we refer you to our series of articles linked to the lower right of this web article.
VolusiaExposed.Com has been covering the Michael Morrison prosecution since shortly after his October 2012 arrest.
After almost a (4) four year delay, we (VolusiaExposed) suspect that his case will be going to trial shortly.
The Morrison Arrest
Morrison was arrested in the early morning hours (2AM - 3AM) of October 22, 2012 - after both Daytona Beach and Holly Hill police officers responded to his Holly Hill home in order to secure a cat. Yes, a cat.
Apparently - hours before the officers arrival at his home - the police had received a report of a domestic disturbance between Morrison and a female acquaintance - Leah Mays. The alleged argument between Ms. Mays and Morrison transpired outside her Daytona Beach apartment (the significance that Mays had a Daytona Beach apartment -- will soon become important).
The ploy of being at Morrison's home in the early morning hours to secure a cat - was just that - a ploy. In our opinion - and supported by the police reports - Daytona Beach PD wanted to arrest Mr. Morrison for domestic violence. There were just two problems - Morrison was not answering the knocks at the door - and the police did not have a warrant.
Ms. Mays offered the police a go around to getting a warrant - she insisted that she lived at the Holly Hill address. (Remember - Mays had a Daytona Beach apartment - a fact that the police knew)
The police decided that if Ms. Mays was insisting that she lived within Morrison's house - then she had legal access to the residence. However - the police were conveniently ignoring two known facts - that they had delivered Mays to the Holly Hill address from her documented Daytona Beach apartment - and that one of the officers involved had professional history with Ms. Mays of her previously providing false statements to the police.
(Click here to review FDLE investigation report - page 7 - regarding Mays' Daytona Beach apartment)
The police knew that Mays had a history of lying to the police - therefore, in OUR OPINION - she was a prime candidate - for the right price - to be able to lie FOR the police. We (Volusiaexposed.Com) invite you to research the Volusia Clerk of the Court on-line database of criminal cases - and you can decide for yourself, if Ms. Mays' recent criminal cases have been disposed of in a manner most beneficial to Ms. Mays. Was this some QUID PRO QUO - between Ms. Mays and the State Attorney - to compensate her for her assistance in the Morrison arrest and prosecution?
However, even with the above described information being available to the officers - the police decided that Ms. Mays guise of living at Morrison's address gave her - thus them - legal access to Morrison's residence. We submit that the police reports support that the police encouraged Mays to break a window to gain access to the Morrison residence. Yeah - we (VolusiaExposed) can already hear many our readers asking the obvious question - "Why didn't she just use her house key?!" - read the police report attached to one of our earlier articles to gain your answer - it's a whopper - that's for sure !
Terence R. Perkins
After many years of covering the Morrison prosecution - it has become our OPINION that the Michael Morrison prosecution is a "malicious" prosecution. It's important to note that our opinion is apparently shared with at least one other person - Morrison's current attorney Michael Bross. During the March 15, 2016 court hearing - Mr. Bross expressed that exact phrase in open court (see minute 5:30 of attached video).
Further - VolusiaExposed.Com has developed the opinion - that the State has colluded with both Judge Marriott, and now Judge Perkins in a scheme to deny Morrison a fair trial.
Our suspicions started last April (2015) when Judge Marriott was overly encouraging Morrison to take the State's plea bargain - and then eventually allowed Morrison's then attorney - David Damore to withdraw from the case - due to Morrison's refusal to accept the plea bargain.
We invite you to review our April 29, 2015 article and the inclusive videos of the April 15th and 20th, 2015 hearings. In our opinion - Judge Marriott improperly advised and encouraged Morrison to accept the State's plea bargain.
It is further our opinion - that when Morrison refused to accept the plea bargain - that Judge Marriott improperly used Morrison's refusal as the justification to allow Attorney Damore to withdrawal from the case.
Also - the rather sweet plea bargain offered Morrison - given his charge of aggravated battery on two law enforcement officers - has convinced us that the State Attorney is keenly aware of Morrison's innocence. No State Attorney is going to offer a defendant with that charge, such a sweet plea bargain, if they knew that the criminal defendant was guilty. Want to know more about the plea bargain - then read our earlier articles - linked within this article. (See Box - Upper Right Of Web Page)
It is our opinion - that Judge Marriott's actions of allowing Attorney Damore to withdrawal from the case - was an attempt to coerce Morrison into accepting the State's plea bargain. We also hold the opinion that there existed a collusion between Judge Marriott and the then Morrison defense team - to place Morrison into a position of having no legal representation - thus attempting to coerce him into accepting the State's plea bargain - over his U.S. Constitutional right to a trial.
In support of our theory (opinion) of collusion between the judge and Morrison's defense team - we offer the fact the even after Judge Marriott had approved Attorney Damore's recusal from the case - Damore and Judge Marriott were open to allow Morrison - under Damore's representation - to change his mind - that day, and accept the State's plea bargain. These matters were memorialized in a April 20, 2015 - Daytona Beach News Journal Article
Judge Frank Marriott
Judge Frank Marriott
Judge Terence R. Perkins States
That He Assigned Himself To The Case
Judge Terence R. Perkins Denies
Morrison His Expert Witness
In our minds - and in our opinion - on April 20, 2015 there was an organized scheme between the State, Judge Marriott and Mr. Damore - to secure Morrison's acceptance of the plea bargain - whether by hook or by crook.|
We highly suspect - that this apparent improper judicial behavior was the first of many events Judge Marriott used as catalysts to recuse himself from the Morrison case approximately eight (8) months later, in January 2016. (More on apparent judicial misconduct - later within this article)
We suggest you listen closely to Mr. Damore's comments during the April 15, 2015 hearing - he predicted that a 3.850 - ineffective counsel complaint would be filed against him by Mr. Morrison. During the April 20, 2015 hearing - Judge Marriott agreed with Mr. Damore regarding the 3.850 complaint - and upon questioning by Morrison - Judge Marriott briefly explained what a 3.850 complaint was.
We (VolusiaExposed) forward the proposition - that both Marriott and Damore could foresee a 3.850 complaint - BECAUSE the justification for the complaint existed - in spades.
It may be of interest to our readers - that until very recently - Attorney Damore was serving a sixty (60) day suspension of his law license for misconduct not connected to the Morrison matter.
Similar Official Misconduct Supports The Existence Of A
Systematic Problem Within Our Local Criminal Justice System
The Michael Morrison and Javier Perez police shootings have several things in common. They both transpired in 2012 and in Volusia County. Both shootings have forensic evidence attached to them - that is not favorable to the police.
Morrison has his bullet in the back - while allegedly pointing a gun at two police officers through his kitchen window into his laundry room. Perez has forensic police bullet markings on his BB rifle - that verify that Perez was not holding the rifle when it was struck by the police bullet. (see below linked DBNJ article for particulars)
But the most important thing both Morrison and Perez have in common - is a similar sweet plea bargain - encouraging them to walk away from their Constitutional right to jury trials. Both men refused their offered plea bargains - both stating that they never pointed a firearm at police officers. Perez was acquitted last year (2015) after spending nearly 3 years in jail awaiting trial. Morrison still awaits his court date. Oh - and of course - both men now have Attorney Michael Bross as their attorney. Bross is currently seeking a civil judgement for Perez and preparing Morrison for criminal trial.
Perez's attorney - Michael Bross - was successful in proving to the jury - that the forensic evidence supported that Perez was not holding the BB rifle when he was shot by DeLand PD Officer Bobby Harrleson. Basically - the forensic evidence did not support Ofc. Harrleson's account of the incident - that he shot Perez and his friend - while one of them was pointing a rifle at him. We (VolusiaExposed.Com) invite you to read the above linked Daytona Beach News Journal article on the particulars - regarding the Perez shooting incident and criminal prosecution.
Interestingly - not too long after Perez's acquittal - Sgt. Harrelson (now promoted) was involved in yet another shooting incident. This shooting incident transpired off duty - at Harrelson's home - and proved to be deadly to Harrelson's uncle - Raymond Davis, 68. Please read the attached DBNJ article for the particulars of how Harrelson shot and killed his uncle over an alleged physical confrontation between his mother and his uncle.
Recently - and allegedly after many months of investigation - the State Attorney's office concluded that there would be no charges filed against Sgt. Harrelson regarding the homicide of his uncle.
We (VolusiaExposed) suspect and allege (OUR OPINION) - that the State Attorney's office was well aware of the exculpatory forensic evidence that eventually cleared Perez - far before Mr. Bross introduced it to the jury. We (VolusiaExposed) further hold the OPINION that the entire prosecution of Mr. Perez was pursued in order to save Ofc. Bobby Harrelson and the DeLand PD from embarrassment. Too hard to believe? - Why? - They (State Attorney) have a history on not filing charges in order to avoid embarrassment to law enforcement agencies and their officers / deputies. We (VolusiaExposed) invite you to read our June 2012 article regarding the Volusia County Deputy Duggan incident (AKA - The Fackler-Duggan Incident).
The Assistant State Attorney Erica Kane Factor
In 2010 - Ms. Amanda Fackler had been arrested by the Orange City PD for DUI and battery on a law enforcement officer. Deputy Shane Duggan provided Orange City PD with back up assistance during the Fackler arrest.
According to the VCSO internal affairs report - Duggan inappropriate kept Ms. Fackler's personal property - and later - after her release from jail - made contact with her in order to return the property during an arranged meeting at a DeLand restuarant. Duggan requested that Fackler wear the same clothing she was wearing the day of her arrest.
Fortunately - Fackler could see the writing on the wall - and arranged to have their (Fackler and Duggan) meeting video recorded from afar. This video is viewable from our above linked June 2012 article.
We (VolusiaExposed) invite our readers to review page 2 of the Volusia County Sheriff Department's internal affairs report on Deputy Shane Duggan - regarding his conduct with Ms. Fackler.
Notice that because Ms. Fackler was able to produce the video that evidenced Deputy Duggan's misconduct - Assistant State Attorney Erica Kane dropped the felony charge of battery on a law enforcement officer against Ms. Fackler - in order to save Duggan and the Sheriff Department from embarrassment. This fact is memorialized on page 2 of the above listed VCSO internal affairs report.
ASA Erica Kane has been recently assigned to take over the Morrison prosecution. We (VolusiaExposed.Com) feel sure that ASA Kane will continue in her efforts to ensure that law enforcement is spared as much embarrassment as possible.
Our (VolusiaExposed.Com) question regarding ASA Kane is simply this. Will an ASA - that is willing to drop a felony battery on a law enforcement officer - in order to save the law enforcement agency from embarrassment - also prosecute a criminal defendant under a similar, but bogus criminal charge - in order to prevent embarrassment to the officer(s) or their agencies?
As detailed in our February 6, 2016 article - Judge Frank Marriott recused himself from Mr. Morrison's case after being the assigned judge for over three years. (Recusal Documents Available For Review With Web Link)
VolusiaExposed.Com has been very critical of Judge Marriott's handling of the Morrison case. We question not only his impartiality, but whether he had caused, or was ignoring, infringements to Morrison's U.S. Constitutional rights. Our concerns were mentioned within our January 22, 2016 article. Shortly after the publication of our January 22, 2016 article - Judge Frank Marriott recused himself from the Morrison case (January 29, 2016).
Then again - Judge Marriott's recusal could be connected to the fact that Attorney Bross had recently taken over Mr. Morrison's defense.
Upon Judge Marriott's recusal - Chief Judge Terence Perkins assigned himself to the Morrison case. Later in this article we will explore Judge Perkins' explanation of how he assigned himself to the Morrison case.
Okay - let's set the record straight here - no one here at VolusiaExposed.Com is an attorney - and and none of us here has recently stayed at a Holiday Inn. So with that said - our opinion on this matter is not based on a legal education - but rather, from our understanding of the U.S. Constitution, Florida Rules of Criminal Procedures - and with a sprinkling of criminal case law. As well as asking questions of some of the great legal minds within our community.
For years now - Morrison had been somewhat unsuccessful in getting his attorneys to depose the State's witnesses against him. One of Morrison's initial attorneys did conduct a few dispositions prior to her recusal from the case. Absent that - Morrison up to now, has found it extremely difficult in getting the remainder of the State's witnesses deposed. That is until Morrison hired Brevard County Attorney Michael Bross In January 2016.
In our opinion - Mr. Bross has accomplished more in the last (3) three months - than all of Morrison's past attorneys accomplished collectively in the last (3) three years.
Since finishing up the depositions - Bross determined that he was going to need an expert witness to testify on proper police procedures. Once he placed the State Attorney on notice that he intended to call an expert witness - the State filed an objection to Bross obtaining the testimony of this expert witness.
Mr. Bross countered the State's argument in his motion to the Court - outlining the need for an expert witness to testify.
The Court scheduled a hearing on this issue for April 28, 2016. VolusiaExposed.Com attended and video recorded the hearing. (see right---->).
It is our OPINION that Judge Perkins' lack of impartiality was very apparent during this hearing. As an example - Judge Perkins allowed the State to fully articulate their position, but several times cut Mr. Bross short in his communications with the Court. (see above video for reference).
Judge Perkins made in clear that Mr. Morrison's trial would begin on Monday - May 2, 2016 @ 8:30am without the requested expert witness for the defense.
It's our opinion that Judge Perkins' denial of Mr. Morrison's expert witness is a clear violation of his Sixth Amendment right to present witnesses in his defense - and yet another example of Judge Perkins' lack of impartiality.
Morrison's trial has since been postponed until at least July 2016 - per the State's request.
Terence R. Perkins
Judge Terence R. Perkins States
That He Assigned Himself To The Case
Judge Terence R. Perkins Denies
Morrison His Expert Witness
During the April 28, 2016 hearing, Mr. Bross was unsuccessful in convincing Judge Perkins that Mr. Morrison's Sixth Amendment rights were being violated by not allowing him to have his expert witness - without at least putting the Court's rationale for the denial on the official record via a "Richardson Hearing".
Well - since Judge Perkins was not open to oral argument from Mr. Bross - hours later that very day (4-28-2016) - Mr. Bross filed the attached court motion (received Clerk's Office 3:55pm 4-28-16 - see scrollbox -->). Shortly after the motion was filed - the trial was postponed for two weeks - imagine that !
From where we (VolusiaExposed) are standing - for justice to be able to prevail - there will either be a "Richardson Hearing" in the near future - or the expert witness will be allowed to testify.
Mr. Roy Bedard is the expert witness Mr. Bross desires to testify in the Morrison trial.
The State Attorney's office is very much aware of Mr. Bedard's expertise regarding law enforcement procedures - they used him earlier this year to testify in front of a grand jury regarding the March 2015 shooting of Derek Cruice, 26, by Volusia County Sheriff Deputy Todd Raible.
The grand jury opted not to indict Deputy Raible.
While the State Attorney had no problem introducting Mr. Bedard's expertise in the Cruice shooting - they seem to be a little worried about what he might have to say in the Morrison shooting. Why is that - is it because Morrison was shot in the back - while allegedly pointing a gun at two police officers? Kinda hard to explain isn't it - and maybe that better explains the sweet plea bargain the State has offered Morrison.
& Central Florida Courtrooms
Why is it that the sixth amendment to the U.S. Constitution is having such a hard time being recognized in Central Florida courtrooms?
First, there was the Judge C. Murphy episode down in Brevard County - whereas, Judge Murphy became enraged over the fact that a public defender would not waive his clients' sixth amendment right to a speedy trial, and ultimately, their sixth amendment right to have legal representation present during the court hearing.
The Florida Supreme Court appropriately removed Judge Murphy from the bench.
Attorney Michael Bross'
April 28, 2016 Motion
On that cool October morning back in 2012 - only Morrison, and the two police officers were present during the shooting - so who are we going to believe?
In the past - the police have mostly enjoyed the lion's share of the benefit of the doubt. But that was then, and this is now. Given some recent nationally covered police shootings - the police have lost their unquestioned credibility with the public.
In addition - our local community does not need to look nationally for questionable police shootings - we sadly have our own share of dubious police shootings.
As already mentioned in this article - we have the benefit of reviewing the Officer Harrelson / Mr. Perez shooting - as well as the Deputy Raible / Mr. Cruice shooting. While the Florida Department of Law Enforcement (FDLE) ruled that both (Perez & Cruice) shootings were justified - in the end Perez was acquitted, and Volusia County quickly and quietly settled a $500,000 lawsuit from the Cruice family.
Couple the above facts - with the recent news that a grand jury indicted the Marion County (Ocala) Sheriff, Chris Blair under the charge of providing a false statement regarding an excessive use of force investigation - and we as a society must realize, for the sake of justice, that we are obligated to re-evaluate our unquestioned trust in our law enforcement officials.
And sadly - it's not only the police that have lost their credibility.
It was just last year when the Florida Supreme Court decided to remove Brevard County Judge John C. Murphy from the bench for his misconduct of violating several criminal defendents Sixth Amendment rights to a speedy trial and legal representation.
Sadly - Judge Murphy's misconduct is merely a small snapshot of the known and exposed corruption within the Florida judiciary. A quick GOOGLE search will reveal other similar judicial misconduct.
In the Morrison March 15, 2016 hearing (see above right - for video) Judge Perkins states that after Judge Marriott's January recusal - that he (Perkins) checked the judicial rotation list and noticed that he (Perkins) was next up on the rotation list - therefore, he merely reassigned the Morrison case to himself.
There is one problem - according to the Volusia Clerk of the Court - there is no judicial rotation list. (SEE VOLUSIAEXPOSED'S EMAIL COMMUNICATIONS WITH THE CLERK OF THE COURT -->)
Judge Perkins did have the authority to merely assign the case to himself - and acknowledge that he did just that - but it would appear, that for some unknown reason, he (Perkins) needed to assure us (the public) that his actions were guided by a non-existence judicial rotation list.
From our understanding - Judge Perkins could have also ordered the Morrison case be re-assigned by the Clerk of the Court via a computerized random selection process - but he didn't.
............and this speaks volumes - does it not?!
We submit for your consideration - our suspicions that Judge Perkins assigned himself to the Morrison case - in order to continue the longstanding nefarious management and manipulation of the Morrison prosecution.
Our Email Communications With The Clerk Of The Court
The Despicable Managing Of Our Justice System
Folks - it time to come to the hard realization that our criminal justice system has been being manipulated and managed for sometime now.
Criminal charges are being filed and dropped for the mere purpose of sparing members of the criminal justice system embarrassment.
Constitutional rights are being ignored in deference for such things as expedience, police incompetence, and fiscal agendas.
Sadly many of our criminal justice practitioners collude with each other - and sadly some defense counsels participate - in denying our criminally accused their rights - in similar fashion - to what we as a nation accuse and ridicule our country's enemies of doing.
Still have doubts - that our criminal justice system is being manipulated? - Then read how some of our criminal justice practitioners don't even think YOU are qualified to elect your own judges. And if that doesn't do it for you - then read our latest article regarding the on-going criminal prosecution of BrevardsBestNews.Com Chief Editor - Dana Delaney Loyd.
And there you have it ----- are you mad yet?
If you found this article to be thought provoking, we (VolusiaExposed.Com) invite you to review, the below linked, Special Investigative Report, exposing law enforcement corruption with the State of Florida.
SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION
by Matthew Doig and Anthony Cormier
Volusia County Sheriff's Department
Drop us a line to let us know what you think.
VCSO Press Releases
The VCSO issued a press release on the Stewart-Marchman molestation incident - but did not issue a press release of a jail rape - why not?
No VCSO Press Release on Jail Rape?
Rape at the Volusia Jail
INFLUENCE THE JAIL'S
Nancye Jones' husband, VCSO Major Robert Jones, supervises the deputies that investigate possible criminal violations within the county jail.
We have concerns that several criminal investigations have been possibly manipulated, in order to reduce the County of Volusia's civil liability.
Our concern includes this particular in-custody sexual battery investigation, and the below listed situations.
We invite you to review our concerns.
Falsification of Documents by County Officials