Billy Lane’s Civil and Criminal Cases Clash
Billy Lane’s new criminal attorney, Gregory Eisenmenger was present at the 4:15 pm hearing in the civil case filed against Billy Lane and DaimlerChrysler for the wrongful death of Gerald Morelock. Mr. Eisenmenger announced to the court that he was sitting in today because “ today’s hearing touches on advice I have given my client in the criminal case” and “I am here to help answer questions and advise”.
In fact, no questions were answered. The reason for today’s hearing was whether the questions would be answered or not. Also present today, by telephone, Sammy Cacciatore and Sam Cacciatore for plaintiff Dolores Morelock and Jefferey Vernis for Billy Lane. William McCandless, attorney for DaimlerChrysler was on the conference call as well.
Attorney Sam Cacciatore, filed a request for admissions with the court, asking Billy Lane to answer questions that could shorten the civil hearing time in court. Billy Lane’s civil and criminal attorneys agreed that it was in Billy Lane’s best interest to invoke the 5th amendment and not answer the questions because the criminal trial for DUI Manslaughter against Lane was still on-going. Questions pertaining to venue, such as time, date and place were under objection. Criminal attorney Eisenmenger stated that it was up to the State of Florida to prove that the crash happened, adding that they must also prove where and when, along with the identity of the deceadant, Gerald Morelock in the criminal case against Lane. Eisenmenger later added that answering these questions could be extremely damaging to his client with the criminal charges still pending.
Most of the objections to the questions were sustained by Judge Moxley, as they were read to the court one by one. These questions will all be presented in a later article here on this blog. Judge Moxley did overrule on a few of the objectionable questions. Cacciatore had requested that Billy Lane produce all documents pertaining to any type of lease agreement that he had with Dodge for the Dodge Ram pickup that he was driving the night of the crash. In response, civil attorney Vernis stated that there was no written agreement between Dodge and Billy Lane for the promotional vehicles that Lane had in his possession and control. Vernis called the question very broad for the plaintiffs to ask for any and all documents.
Objections were heard from both of Billy Lane’s attorneys when questions were asked about Erin Derrick, the female passenger with Billy Lane on the night of the crash. Attorney Sam Cacciatore said “ we have no idea what the relationship was” between Billy Lane and Erin Derrick. Eisenmenger, said that Ms. Derrick could be a link in the chain of evidence for the criminal case and had advised Lane not to answer. It was determined by the court that Lane would have to answer the question regarding his driving history by listing all traffic citations prior to the Labor Day crash. I asked attorney Greg Eisenmenger how he felt about the decisions. Eisenmenger stated “ I think the judge ruled appropriately in all respects.
I will elaborate as to all of the questions in a full article tomorrow.
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March 19th, 2007 at 10:02 pm
It does not surprise me at all. In California Civil Defendant’s do not have an absolute right to take the 5th like they do in Criminal cases. However, when they do invoke the 5th Amendment, they could be forced onto the stand to take the 5th in front of a jury at least in a Civil context.
Norm
March 19th, 2007 at 10:27 pm
Thanks for your input Norm. I always look forward to your lawyer’s eye on these things. I do realize that there is a difference in the laws of our states, some good some bad. Your comments are always welcome here.
I was reading your article why you should call a personal injury attorney when involved in an accident and it makes good sense not to deal with insurance companies on your own.
March 20th, 2007 at 10:59 am
Thanks for the update, Mike.
March 21st, 2007 at 2:26 pm
Well done once again Mike, keep us informed…..