Billy Lane Changes Attorney In Criminal DUI Manslaughter Case
(Melbourne, Florida) - New attorney of record named in Billy Lane criminal case.
It appears as though attorney Kepler Funk will no longer be defending Billy Lane against the pending DUI Manslaughter charges held against him in Brevard County, Florida. Notice of Appearance and other new pleadings were filed earlier today by Viera attorney Gregory Eisenmenger.
Billy Lane’s new attorney of record, Gregory Eisenmenger filed a demand for trial along with a request for copy of charges while giving notice to the court of his appointment to the case.
The Plaintiff, the Sate of Florida, has also filed new pleadings in case No. 05-2006-CF-027824-AXXX-XX of Supplemental Discovery and a Subpoena Duces Tecum, which is requiring the Defendant, William D. Lane to produce a document or documents pertinent to a proceeding. The court record also show that Gregory Eisenmenger also filed a Notice of Discovery and Statement of Particulars on behalf of his client Billy Lane.
The DUI Manslaughter charges pending against Billy Lane were filed after the September 4, 2006 crash that took the life of motorcyclist Gerald Morelock, 56 of Melbourne Beach, Florida. Witnesses on the road that night have stated that Lane was speeding and had crossed the double yellow lines in an attempt to pass 3 vehicles in a 2006 Dodge pick up owned by the DaimlerChrysler Corporation. Billy Lane and DaimlerChrysler have been named in a auto negligence suit for the wrongful death of Gerald Morelock.
Billy Lane is scheduled to appear before Brevard County Judge Allawas on February 2, 2007 at 9:00 a.m. at the Viera courthouse. Neither attorney could be reached at this time for comment. This is a preliminary report, a complete follow up will be posted as documents are retrieved and more news becomes available.
Source:
Brevard Clerk of Court public record
law.com
Technorati Tags: billy lane, DUI, DWI, drunk driving, legal news, crime, court, case research, melbourne, florida, motorcycle news, brevard county, attorney, lawyer, manslaughter, vehicular homicide
January 19th, 2007 at 7:14 pm
Mike: Wonder what brought a change of attornies? I am sure Lane paid Kepler Funk a small fortune. ALL CRIMINAL attornies are paid up front. What do you personally think is going on? It is awful late to be changing lawyers? What do you personally think of the State’s witness list? Is the new lawyer asking for a delay now instead of the case starting Feb.2???
January 25th, 2007 at 7:52 pm
Well Mike???
January 25th, 2007 at 11:18 pm
Sandie,
The reason has not been confirmed. I was told by a reliable source that it was Funk that chose to withdraw from the case. This has not been confirmed.
Both attorneys have refused comment at this time.
The witness list bothers me a bit, as the two children witnesses have now been added and I wonder if that is necessary.
Lane has added yet another attorney on the civil case, I have not had time to check him out. I went to Titusville on Tuesday and not all documents were in the file…again.
The trial date still stands officially for February 2nd. at this time.
January 26th, 2007 at 9:44 am
The two children are probably the two children who were in the lead car that Lane was passing and the question the children will be asked “DID YOU SEE THE HEADLIGHTS” of the oncoming bike? The children will be asked. I hate to say it but the two children will probably be asked about what they saw. Poor kids. Most likely their Mom has talked to them and approved them being a witness. I hate to say it, but if it was my child and she was able to help the State with what she saw before the horrific crash and could help and she was willing……I would let her. Unfortunately, kids are more grown up now than we were in the 60’s and 70’s. We were much more sheltered. Mike: Why do you have to go to Titusville? Why not Viera???
January 26th, 2007 at 10:30 pm
The criminal file was sent to Titusville and I did not order it back yet. Every time that I go to order it back, something new gets filed and I figure it will cross in the mail and detain things more.
The civil file is in Titusville anyway because that is where it is to be heard.
January 27th, 2007 at 8:02 am
The date has changed to from 2-19 through the first week in march for the trial.
The date on the 2-2 is some sort of term for case review? Sorry for the brain fart.
January 27th, 2007 at 2:27 pm
Mike: What was the reason for the trail date change? The new lawyer? I thought I heard that the State is only asking for five to six hours to present their case against Lane. I heard this from a reliable source. So why is it set to be heard over a two week period. Is the extra time for Lane’s attorney to try to “DEFEND” him???
January 28th, 2007 at 10:34 pm
Don’t know if it is true or not, but I read Kepler Funk was part of Chrysler’s Civil Suit Law team & that is why he is no longer representing Billy Lane. Conflict of interest.
January 29th, 2007 at 8:51 am
Well Mike have you verified this yet? Funk could go to Chrysler’s Civil Suit team…..I guess? But he could not join Sammy’s team….that would definitely be a big NO because Lane has confided in Funk on the criminal case things that could be used against him. Attorney, client previledge. Did you find out reason for trial date change? Did you get your trial order back yet? Or still waiting? You could wait a long time. I bet things are being filed daily. You just know those lawyers. ALL of them on both sides are earning their money.
February 1st, 2007 at 2:01 pm
Interesting Brett, but we are talking about the criminal trial where Dodge is not involved. The fact that Funk was part of Dodge’s civil suit team would only have an effect on the civil trial of which he is not part of. Kepler Funk was named Lane’s attorney in the criminal case.
You may have Funk mixed up with Jefferey Vernis. Dodge is definitely a client of Vernis & Bowling and Jefferey was named attorney for Billy Lane in the civil action.
February 2nd, 2007 at 11:46 am
[...] had reported on January 19th that Billy Lane had changed attorneys to represent him in the DUI Manslaughter case that was set for calendar call today. The report, it seems, was incorrect. It was learned earlier [...]
February 5th, 2007 at 5:11 pm
Mike -
I was a friend of Gerry’s since 1974. I was his best friend before Bill. Gerry and I were in contact just days before the accident. Ask Byron.
I thank you for all that you are doing. Most of the info about this I get is from your blog or Byron.
Again, thanks.
Neil
February 6th, 2007 at 9:26 pm
Neil,
Welcome my friend! If you need anything or have questions, feel free to email or call me personally.
February 7th, 2007 at 9:28 am
Welcome Neil. We are pulling for the Morelock family in both the criminal and civil cases. I guess we are a Morelock friendly group of people who hope and pray that justice prevails. We have no respect for BILLY LANE as LANE has no respect for other peoples life or any regard to the law.
March 1st, 2007 at 11:04 am
I guess before we post we need to be sure whaty we post is accurate. I say Dodge will settle and leave Lane out on a limb to defend himself. I am sure Dodge realizes that they had a responsibility to make sure that people driving promotional vehicles have valid drives license. I am pretty sure Billy Lane did not call Dodge and advise them he hit a car at the Smokeout and left the scene, nor that he refused the implied consent BAC test in North Carolina. If Lane would have told them they would have immediately picked up their company owned promotional vehicles. I bet somebodies head rolled for not keeping up with people who have promotional vehicles. I predict promotional vehicles will come to a screeching halt after this blunder that cost a innocent human life.
April 3rd, 2007 at 11:25 am
What ever happened with the March criminal court hearing?
Have they rescheduled the criminal court hearing again?
What is the latest news on this case?
April 3rd, 2007 at 4:45 pm
Actually, yes. I read on BrainBucket that the judge did move it back for Lane’s new lawyers. I think until June.
April 7th, 2007 at 4:25 pm
Is the reason it was pushed back because of a change of lawyers? I am thinking maybe Funk was offered a plea bargain but BL wants a trial of which BL is guaranteed by his constitutional rights as a citizen of the USA. I do think justice is different for a common or poor folk than it is for a rich person or a celebrity, although I do not consider BL a celebrity. I do think his new haircut is much better for a court appearance, since tatoos are hard to get removed in a hurry, maybe he’ll use makeup or make sure they are covered by clothing. Brainbucket did say the court date was moved back. It also appears on the case information on the Brevard Clerk of Courts site.
April 7th, 2007 at 4:40 pm
I doubt it. When the 2nd lawyer was added they made a motion to move back the trial for the new lawyer to get a chance to go over everything.
As for his hair, has a hair cut really ever helped someone out?
A shirt & tie will eaily cover his tattoos.
April 7th, 2007 at 7:10 pm
I despair. Money wins every time. Bully Lame killed my friend. He should lose his business and serve time. But he will buy his freedom.
Gerry taught me to play the guitar. We made a tape/record/CD of our music. (Well, I converted the tape from 1979 to a CD in 1999.)
Gerry and I helped each other through the trials of life….
April 9th, 2007 at 11:36 pm
Neil you are right. Okay Brett what is your guess on why the date ws moved back?? I have no idea and Mike must not know or we would be reading!
April 10th, 2007 at 6:23 am
I think Billy should be prosecuted to the fullest extent of the law just like anyone else, and he should have to pay the family a fair amount for taking their family member away forever, but I don’t think he should automatically lose his business if he can afford to keep it, he should be allowed to continue his life normally once he has paid the price for his mistake.
I have a sticker on my truck, it says “Kill a Biker – Go to Jail” I feel that should be the same for everyone who makes stupid mistakes and takes a Bikers life, or anyones life for that matter. I am getting tired of the rich people in this country getting away with everything just because they have money!
April 10th, 2007 at 7:13 am
My guess is as I said, when the 2nd lawyer came onboard, I believe they made a motion for a mistrial or something else to get this thrown out. I don’t remember for sure. After whatever they tried didn’t work out, then they asked for it to be moved back to give the new, 2nd lawyer a chance to get everything together that he needed. So my guess is the judge granted that motion.
I have said other places that if I was in Billy’s situation, I’d think I’d want think done & over with as quick as possible. Then I could get whatever sentence I was going to get & then move on with my life.
Others have said, no, what is going on should be what most people would hope for. Time has a way of making people, like witnesses, cops who filled out reports, etc. forget things. There have been many other accidents just like this in Florida since. While this is HUGE for the Morelocks & Lanes, to most in society, it isn’t. If it wasn’t for the internet, just about no one would know about this. So the longer it takes, presumably the better for Lane.
I disgaree with the person who says Billy should lose his business. That is the simple fact, Billy Lane faces 15 years max. I highly doubt he will get it, but no matter what, he will be out in the free world again at a point after his sentence is over. That is where most people do not offer up any ideas how to deal with people. There are a ton of people who are against the death penalty. Well that is why prisons are over populated. There is no program to get these guys jobs that can support them. So there are people who committ 1 crime. They find out after that 1 crime, there is nothing for them anymore & they committ another one & go back & it is just an endless cycle. If people really want to rehabilitate people in jail, 1st, felonies need to quit being tossed at people for every little thing. A bar fight is a felony if you don’t get the right lawyer. Then they also need to set up a program to get jobs for these people. Yes, people who do a crime, should do their time. However, if that time handed out isn’t a life sentence, then they shouldn’t have to pay the rest of their life for it.
That again is where Billy has an advantage. He went to school. He has skills to do many things. I am sure he will be ok when everything is said & done. Whether it’s his own business or not.
Oh well, I could go on & on for hours about everything I find wrong with our entire court system.
April 10th, 2007 at 5:04 pm
Brett: I think BL will get time in the state pen. I believe the court will consider the No. Car. case, Lane’s suspended drivers license and I doubt if any witnesses in those three cars BL tried to pass will ever forget what they saw that night Mr. Morelock died. I am with Rick, money can afford you the better than average lawyer. Gerry Spence probably the best trial lawyer in our time said in one of his books that justice is different for the poor and lost. Mr. Spence is 100% correct. I think the evidence will speak in this case and I fully expect the State of Florida to get a conviction. Florida has minimum and maximum sentencing guidelines that must be followed by the Judge. Mike said that there is so much paper in this case that it is unbelievable, he should know because he has had to pay for a lot of copies. One could write several books on our criminal court system. The courts are sad.
April 10th, 2007 at 8:52 pm
It’s fine you believe the state will get a conviction. The problem is, I think you believe a conviction means he spends the rest of his life in prison. What if a conviction is 1 year in jail with good time, so he spends 6 months in jail??
The fact remains no matter where he spends the time, he isn’t going to prison for the rest of his life. The max in this case is 15 years. If he gets that max, which I doubt he will, then he is still in his 50’s. That means he has to do something with the rest of his life. My point was, all the people that think he needs to lose everything, then what do you do with him after he gets out???
Problems also arose with his “suspended” license. North Carolina didn’t report things to Florida. There wasn’t proper communication between the 2, so that could all work out oddly in this case.
That is where the problem lies because no one ever wants to asnwer that. There are alot of people who spend their lives going in & out of jail. The reason is because there is nothing for them once they get out.
Not only do I have a problem with the court system, I also have a problem with anyone being able to pay to have copies of any case they want. I have a problem with ther being internet sites that let you type in people’s names & find out if they are a felon or got a speeding ticket or filed for bankrupsy.
April 11th, 2007 at 8:56 am
I agree with you Brett, most likely BL will not get the maximum…..but I do believe he will get some prison time. There is also a little questionnaire form that the Judge figures out points on past crimes, driving records etc. There are sentencing guidelines in the State of Florida and therefore it is in black and white. We do live in a world where you can find out everything about anybody. The sites you have problems with people finding out personal information are public information. Nothing is private and personal anymore. The things you mentioned finding online is published in the newspaper as well. Maybe the State of Florida was not notified about BL’s suspended license but Billy Lane knew they were suspended. Most likely there was not communication between State’s but Lane did not have physical possession of his Fl. drivers license and he knew he did not submit to implied consent sobriety test. BL knew he had to go to court in North Carolina. No way will anyone convince me BL did not know his drivers license were suspended. Like DJ Chopper God said this accident could have happened if both BL and Mr. Morelock were sober. BL should not have been driving and nobody would be discussing this accident because it would not have happened if Lane called a limo. It is sad and everyone loses. It is too bad for all involved. Lane is a very smart guy as far as college degree and imagination for the choppers he builds and designs. As far as regard for the law………he had none.
June 18th, 2007 at 2:32 pm
What is going on with this case, has anyone heard anything?
June 25th, 2007 at 10:14 am
Please post any information if anyone hears anything about this case
June 25th, 2007 at 11:43 pm
Look at the Brevard County Clerk of Courts website and you will see the latest.
June 28th, 2007 at 1:01 pm
Rick,
We have a court date set for calendar call tomorrow 9:00 am in the criminal case. I plan on being present.
June 30th, 2007 at 12:59 pm
Any news on a new court date? Thanks for all your work Mike, am following this thread closely.
Jake
July 2nd, 2007 at 1:14 pm
Jake,
The new court date for the criminal trial has been set for 9/21/2007 after the June 29th calendar call. You can read more on that in the article Billy Lane DUI case still on hold – Blood work being looked at.
June 6th, 2008 at 7:10 am
somtimes life can throw big balls of XXXX at you.
i keep reading lock up the drunk throw away the key
i think billy is punished in his own head
this kind of thing dosent just go away
he has to live with it for the rest of his life
that is a long time.
things like this cause alot of hate
i have been riding for over 20 years and i lost a best buddy to another
best buddy and we were all drunk
so who am i suppose to hate?
June 6th, 2008 at 5:39 pm
Jawschopper…why hate anyone?? In the case of your best buddies, I think you need to help the living one get through it & keep the other’s memory alive. In the Billy Lane case, do you know anyone involved personally? If not, then why hate any of them?
July 20th, 2008 at 5:14 am
I was paralyzed in a drunk driving accident and I think EVERYONE needs to realize that sometimes the choices we make cause consequences are that are VERY “real”. I say “real” because getting caught by the police isn’t a real consequence. Causing death, dismemberment, permanent disability or even serious injury is “real”. Getting caught is just an opportunity to grow, and learn to make better choices that don’t put the lives of others at risk. This was no “accident”, it was a “choice”. An accident is something that just happens and can’t be helped, but a “choice” means that it DID NOT have to happen. My accident wasn’t quite like Billy’s but still could have had the same consequences. Luckily, I was the only one who suffered the consequences of my actions. I ran into 3 trees, a telephone pole, and a house doing 130mph in my new Camaro. I was thrown out of the car and onto the roof of the house. I rolled off the OTHER side of the house and fell onto the porch. I was extremely intoxicated with a BAC of .27. I made a documentary, and I now speak in schools around the country about the truly real consequences of abusing alcohol and drunk driving. I know first hand the choices we make can affect the rest of your life. I wish I would have realized that sooner but I always thought these things only happened to “other people.” Well, now I’M “other people.” If anyone would like to see that I’m not full of BS, I do have a web site, http://www.ForeverChangedLLC.com. Unfortunately, I DO know what I’m talking about, and I learned it the hard way. PLEASE don’t learn it the same way. I “lucked out” and only hurt myself without killing or maiming any innocent people. I fought in Iraq, come home without a “physical” scratch, but I was angry, and felt invincible. Well, THAT mixed with alcohol is a bad combination and I would LOVE to get into the military instillations along with the schools because I think I could help. I now realize how lucky I actually was. I drove my cars, and rode my Harley’s drunk MANY times and made it home….until the one time I didn’t make it home. I have been riding motorcycles since I was 4 and Harley’s from the time I was 20. I’m now 39 and I still ride, but I could have lost the ability to do that too. I can live without walking but not riding. I put a sidecar on my Electraglide and rigged a hand shifter. I really am lucky. I said that “I wish I would have learned sooner” but if my accident can save ONE life then it was worth it. I also believe that this is what I was “meant” to do. I FINALLY made some good come from my accident. It took losing the life of a friend of mine on his Harley, and drunk, to finally decide to do something. Although I tried, I couldn’t stop him from leaving, I’ll have to live with the fact that I just didn’t try hard enough to stop him for the rest of my life. I hope that Billy does something to make some good come from this sooner than I did. I’m kinda hard headed. I’ll stop babbling now, but I ask everyone that bothered to read my “babbling” in this lengthy “novel” to; PLEASE, make better choices than I did. Like I said, I thought these things only happened to “other people” and now I’m “other people”. I don’t want to see anyone else become “other people” too.
January 5th, 2009 at 7:37 am
What’s going on with the Billy Lane trial? Isn’t it about time to judge him?
January 11th, 2009 at 10:52 am
BossHawg -
I saw on-line last week that he is going to trial February 9, 2009. And that a second charge has been filed. I found it by going to Google, clicking News and searching for Billy Lane.
It’s about F***in’ time! I know that the wrongful death suit was settled, but those involved cannot talk about it. I’m still in touch with Gerry’s brother.
Gerry and I attended a Crosby, Stills, Nash, and Young concert on Labor Day weekend in 1974. The opening act was Santana, the second bill was The Band. Hell of a show!