Another Criminal Defense Attorney Withdraws From The Michael Morrison Case

Judge Frank Marriott Expresses His Frustrations

September 14, 2015
"The minute you read something that you can't understand, you can almost be sure that it was drawn up by a lawyer." - Will Rogers

Yet Another One Bites The Dust !

Any avid reader of VolusiaExposed.Com will be knowledgeable of our series of articles on the trials and tribulations of Michael Morrison's trek through the local judicial system.

If you are new to VolusiaExposed.Com - then we invite you to read our earlier articles regarding Morrison - see below web links.

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

A Quick Overview

During the very early morning hours of October 22, 2012 - the police surrounded Morrison's Holly Hill home in an attempt to secure a cat.
Michael Morrison's August 27, 2015 Hearing
Judge Frank Marriott

The police have also stated, that they were there to arrest Morrison for domestic violence against a female acquaintance, Leah Mays.

Official reports support that the police allowed Ms. Mays to break a window of Morrison's home in an attempt to gain access.

This breaking of the window, lead to allegations that Morrison pointed a handgun at the police and Mays, which eventually culminated in Morrison being shot in the back by an Holly Hill police officer. (Please see our earlier articles for particulars)

Our Suspicions

For the last three years, the local State Attorney has been prosecuting Morrison under the charge of aggravated battery (pointing a handgun at police). Morrison has unsuccessfully been attempting to get an attorney to prepare him for trial against this charge. However, several attorneys have opted to request that the Court allow them to withdraw as Morrison's attorney - Allison Thero being the most recent attorney to jump ship.

Recently (last 4-6 months), officials (the judge, the State Attorney, and Morrison's own attorneys) have been attempting to persuade Morrison to take a plea bargain, instead of taking the matter to trial. (See our earlier articles for supportive videos)

The plea bargain is a VERY sweet deal. In short, the charge will be dropped to a misdemeanor, adjudication will be withheld, with no further jail time or fines for Morrison. However, one wonders why the State Attorney would offer such a sweet deal to a man that they believe pointed a loaded handgun at two police officers and a civilian (Mays)?

VolusiaExposed.Com suspects that the State Attorney is very much aware of Morrison's innocence - thus their willingness to offer him the plea bargain.

We further suspect that the shooting of Morrison was an accidental discharge. Our suspicions and rationale are discussed in detail within our earlier articles.

VolusiaExposed.Com holds the belief that officials are using the leverage of the criminal justice system, to prepare for the probable civil lawsuit anticipated being filed by Morrison, for being shot in the back. That their criminal prosecution of Morrison has nothing to do with his guilt or innocence, but has much to do with providing governmental officials an advantage regarding any future civil matters filed by Morrison.

Past & Present Practices Of Officials

Does it sound somewhat unbelievable that officials would leverage the criminal justice system to assist in resolving a pending civil lawsuit?

We invite you to review a recent VolusiaExposed article that questions whether a jail inmate received a rather sweet resolution to her criminal case, in a possible QUID PRO QUO exchange, regarding her testimony about the in-custody death of her cellmate at the Volusia County jail.

If our recent article is not enough, might we suggest that you review the allegations others have made against Assistant State Attorney J. Ryan Will. (see right of screen ->)

According to a news release by the Florida Bar - they are conducting an investigation into Assistant State Attorney J. Ryan Will's alleged conduct during a murder prosecution (Booth). In short, did ASA Will use the criminal justice system as leverage to gain the compliance of a witness to provide false testimony against the murder defendant?

Further details of the allegations attached within the Booth murder trial can be found within an earlier VolusiaExposed.Com article. Our earlier article also covers another murder trial (Crew), whereas additional allegations against ASA Will were apparently sustained - causing a criminal defendant to be awarded a new trial.

Scroll Down To View Entire Documents
Sworn Statements Against ASA J. Ryan Will

Attorney Allison Thero's Exit - Was There Another Unspoken Reason?

In Attorney Thero's recent motion to withdraw, she cites "irreconcilable differences" as one of her rationales for requesting her removal as Morrison's defense attorney. She also states that she has concerns that Morrison does not qualify for a public defender due to his alleged financial resources. In the end, Judge Marriott did reluctantly grant Thero's motion. (See above video)

Ironically, Morrison did hire a private attorney in early 2014. However, in June of this year (2015), Judge Marriott allowed Attorney David Damore to withdraw from the case, after Damore had received a $10,000 payment from Morrison. Damore's motion to withdraw was also for alleged irreconcilable differences. However, during the motion's hearing, Damore also advised Judge Marriott that he had concerns that Morrison would file what is commonly referred to as a 3850 motion against him. In short, Damore had concerns that Morrison would allege ineffective counsel in a post conviction appeal. Judge Marriott voiced agreement with Damore's concerns, and allowed Damore to withdrawal, effectively separating Morrison from his criminal defense funds.

VolusiaExposed.Com must question whether Damore's departure was a ploy by officials to place Morrison in the position of not having an attorney, or funds to hire another - with the goal of pressuring him into accepting their plea bargain? Sounds crazy? Well, before you decide that its too crazy to believe - watch the videos attached to our other articles. Why would officials, to include the judge, work so hard in their attempt to persuade Morrison to take the plea bargain?

Does "irreconcilable differences" equate to the fact that Morrison does not want to accept a plea bargain?

It is interesting that when Damore was requesting to withdraw for irreconcilable differences - Damore expressed a concern that Morrison would file a 3850 motion against him. When Morrison requested clarification of what a 3850 motion was - Judge Marriott was kind enough to advise him that Damore meant that Morrsion would alleged that Damore had been ineffective counsel. (Click here to review April 20, 2015 court video)

Could it be - that Attorney Thero also had concerns that Morrison may file an "ineffective counsel" motion against her? After all - on-line court records seem to indicate that Thero never responded to the State's request for reciprocal discovery - rather she filed her motion to withdraw.

Final thought - based on Judge Marriott's decision to allow Damore to withdraw - citing the fear of a 3850 motion being filed - has Marriott chilled Morrison's prospects of being able to secure another attorney, that would be willing to prepare him for trial?

Only time will tell - word has been received that another attorney has been assigned to the Morrison case - let's see how long this one lasts.

Stand by to stand by - there is certainly more to come as this case continues to unfold. As it does, VolusiaExposed.Com will surely be on top of it.

We look forward to your comments on this situation.
Drop us a line to let us know what you think.