Funk’s Motion to Withdraw held off until Monday
Viera, Florida – Attorney for chopper builder Billy Lane was to appear in court today and present his “Motion To Withdraw” to Judge Allawas, but Mr. Funk was not present at today’s 9:00 am calendar call at the Moore Justice Center in Viera.
Melbourne based attorney Kepler Funk has been one of the attorneys handling the defense in the criminal case against Choppers Inc. owner Billy Lane. Lane originally faced three felony charges stemming from a labor day crash that left Gerald Morelock, 56 of Melbourne Beach dead. Lane and female passenger, Erin Derrick were hospitalized, but treated for injuries and later released.
Lane was driving a 2006 Dodge pickup promotional vehicle loaned to him by the DaimlerChrysler Corporation while attempting to pass three vehicles in a no pass zone and hit Morelock head on killing him instantly. It was later determined that had been drinking and had a blood alcohol content of .192 and he was charged with DUI Manslaughter. The other two original charges were dropped by the State of Florida back in November of 2006. Mr. Morelock autopsy report revealed that he had a BAC of .133, but witnesses have stated that he was driving correctly when Lane hit him.
Mr. Funk was expected to make his motion to withdraw today because of a conflict of interest, however Judge Allawas stated that there was also a calendar call scheduled for Monday, April 16 and she would hear all motions then.
Attorney Robert Barry from the newly appointed law firm of Eisenmenger, Barry and Peters stated that he was only present as an observer today. Billy Lane added Attorney Gregory Eisenmenger back in January of this year. I contacted Mr. Funk in January and he stated that both he and Mr. Eisenmenger were handling Mr. Lane’s Criminal case at that time.
Mr. Eisenmenger was not present in court today, however you may recall that he recently appeared for a hearing in the ongoing civil case filed by the mother of Gerald Morelock against Dodge and Lane for the wrongful death of her son. The civil trial is currently seeing a lot of document traffic, but no court appearance has been scheduled at this time. Judge Moxley had set a date for August for the trial to be heard.
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