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The On-Going Criminal Prosecution of Michael Morrison The State Seeks To Silence An Expert Witness While Requesting Modifications To Standard Jury Instructions Does Judge Terence Perkins Have An Ethical Conflict Of Interest? |
August 1, 2016 |
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In The Morrison Prosecution?
As many of our long time readers know - VolusiaExposed.Com has been covering the almost four (4) year criminal prosecution of Michael Morrison, of Holly Hill since his very early morning hour arrest in October 2012, for allegedly pointing a hand gun at two police officers - as they were breaking into his South Flamingo Drive home.
To the below right of this web page - VolusiaExposed.Com has attached a quick overview of the Morrison arrest incident, and the web links to our prior coverage regarding the arrest and criminal prosecution of Michael Morrison. In the particular - we suggest you take the time to review our May 2016 article in which we explore our thesis that Morrison's arrest and prosecution is a well oiled conspiracy by both the Holly Hill & Daytona Beach PDs, as well as the State Attorney's office - in their efforts to hide the failures of the arresting officers adherence to Constitutional priniciples - as well as covering up one officer's improper use of deadly force - ie. - shooting Mr. Morrison in the back. 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 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 concerning her previously providing false statements to the police. (Click here to review FDLE investigation report - page 7 - regarding Mays' Daytona Beach apartment) |
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The State Attorney has offered Morrison several sweet plea bargains - plea bargains that most criminal defendants would accept. However, Morrison has stated that he will not accept a plea bargain - because in his mind - he did nothing wrong. Fortunately for Morrison - Roy Bedard an expert witness in police procedures agrees with Morrison. However - Circuit Court Judge Terence Perkins has ruled that Mr. Bedard can not testify during the pending Morrison trial. Late last year (2015) the very same State Attorney's office used Mr. Bedard's testimony during a grand jury review of the police shooting death of Derek Cruice. The grand jury cleared Volusia County Sheriff Deputy Todd Raible of any criminal wrong doing. However, in April 2016 - Volusia County settled a civil suit with the Cruice family for $500,000. |
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In our May 30, 2016 article - we (VolusiaExposed) questioned the glaring inconsistency of allowing Mr. Bedard to testify in the Raible-Cruice shooting - but denying his testimony in the Morrison prosecution. We invite you to review our video of the April 28, 2016 hearing in which Judge Perkins ruled that Bedard would not be allowed to testify in Morrison's defense -->. We have also provided you with the State of Florida's argument / motion (see below scroll box) in which they question Mr. Bedard's professional credentials. |
| While Mr. Bedard may not be able to testify in the Morrison trial - Morrison's defense team has still secured his testimony via a deposition. We have attached Mr. Bedard's complete deposition within this article (see below). We invite you to read Mr. Bedard's views of whether Morrison would have been justified in shooting the officers breaking into his home - in the middle of the night - without a warrant. It's important to realize - even Judge Perkins had to be reminded of the fact -that Morrison never fired a gun - and that the only shot fired - was fired by Holly Hill Police Officer Matt Armstrong - into Morrison's back - while Morrison was allegedly pointing a hand gun at Armstrong. How does that happen? |
These Below Records Are Also Available From The Clerk Of Court's Website - Clerk.Org
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The State Attorney has filed a motion with Judge Perkins seeking a special modification to the standard jury instruction for this particular crime (aggravated battery of a law enforcement officer - please see below scroll box for copy of motion). |
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As is outlined in our May 30, 2016 article - VolusiaExposed.Com has voiced concerns of how Judge Perkins re-assigned the Morrison case to himself - after Judge Frank Marriott recused himself in January 2016. Judge Perkins' comments during a March 15, 2016 hearing of how he assigned himself to the Morrison case - doesn't seem to match the official process of how cases are properly reassigned. (see linked May 30, 2016 article for particulars). In our January 22, 2016 article - we expressed concerns that Judge Marriott had placed himself in a ethical pickle regarding his handling of the Morrison prosecution. Shortly thereafter - and as covered in our Feb 6, 2016 article - Judge Marriott recused himself without giving a detailed explanation as to why. Given the contradiction in Judge Perkins' March 15, 2016 comments - and the proper procedure of court case reassignment - VolusiaExposed.Com opted to further investigate why Judge Perkins would want the Morrison case assigned to him. Sometime back - Judge Perkins applied for an opening in the Fifth District Court of Appeal. While he was not chosen to fill the opening at the 5th DCA - he did file an application for the position. VolusiaExposed.Com obtained this 5th DCA application via a public record request. We (VolusiaExposed.Com) forward the opinion - that this judicial application memorializes a probable judicial prejudice of Judge Perkins - which is affecting his decision in the Morrison case. We suspect that this particular judicial prejudice of Judge Perkins also attached itself - under similar circumstances - in the Hugh Patrick Durham prosecution - requiring the 5th DCA to reverse the defendant's conviction (5D15-732). |
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While the entire (redacted) judicial application has been provided within this article - we shall focus your attention to pages 9-11 of the application. We have provided these particular pages in the below scroll box - marking the significant parts of those pages. On page 10 of the application - it questions whether the judicial applicant could perceive him / her having any judicial biases or prejudices. Judge Perkins replied that he would have difficulties presiding over cases involving his past legal law partners (business associates). On page 9 & 11 of the application - Judge Perkins appears to note his financial involvement with high school friends in the business entity of Seaside Homes, Inc.. These Florida State financial records seems to indicate that one of Judge Perkins' current business partners is Joe M. Wooden. Joe M. Wooden is a locally well known and highly respected retired law enforcement administrator. Given Judge Perkins' self professed difficulty of handling cases "involving" his past law partners - we question whether he could overcome prejudices or biases in the Morrison case - given the particular events and facts attached to this case - and coupling his business association with his high school buddy - a retired law enforcement administrator. It's our opinion that Judge Perkins' prejudice is already apparent - given his refusal to allow Mr. Bedard - the well known police expert to testify for the defense. Further - we forward the opinion that this same judicial bias guided his unorthodox assignment to the Morrison case - when Judge Marriott recused himself. |
Page 9-11 Of Judge Terence Perkins' Application To The 5th District Court Of Appeal |
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Okay - time to decide for yourself. Should Judge Perkins recuse himself? Should Mr. Bedard be allowed to testify? Should the State Attorney be allowed to modify the standard jury instructions? Can Mr. Morrison ever obtain justice? These are important questions. Why? Because - if Mr. Morrison can not obtain justice today - what is the chance that you or a loved one will be able to obtain justice tomorrow? Stand by to stand by --- more to come ...... over and out for now.
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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.  EMAIL US |
and 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 RAPE INVESTIGATION? 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  |