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Billy Lane appears in court for first time

Billy Lane appears in court

(Melbourne, Florida) Billy Lane, the media and the court waited for the scheduled 2:30 hearing toady at the Brevard County court house in Viera, Florida. Just as the judge asked the court bailiff to have someone call the office of Lane’s attorney, Greg Eisenmenger, 10 minutes late Eisenmenger and assistant attorney Robert Berry entered the court room.

The court asked for a pretrial conference today to gain an idea on the exact status of the criminal DUI Manslaughter case that Choppers Inc. owner and custom motorcycle builder Billy Lane still faces since his arrest on September 25th of last year. After accepting apologies from  Defense attorney Gregory Eisenmenger for his being late, Judge Allawas asked both attorneys to report on the status of the case. Eisenmenger told the court that his expert witness was not able to view the blood work taken from Lane after the crash that killed Sebastian park ranger, Gerald Morelock on September 4th 2006. The blood work was sent to the Florida Department of Law Enforcement crime lab and showed a blood alcohol level of .192 for Billy Lane which lead to the charges he now faces. Attorney Eisenmenger said that he expects his expert witness to view the blood work by the 31st of this month and will know then in what form he will file new motions to suppress the evidence. Eisenmenger stated that he intends to file a motion to suppress the blood work evidence either way, but the findings of his expert witness will have an effect on how it will be filed. The court set a target date of September 28th for those motions to be filed.

State attorney Mike Brown stated that he anticipated filing motions as well depending on motions filed by the defense and asked that he be notified as to the name of the expert witness and his qualifications. Billy Lane’s attorney added that after his expert witness completes his findings he would be ready for trial within 4 to 6 weeks and said that he feels the trial should be scheduled to take 8 to 10 days to be heard.

After hearing the status of the case from both sides Judge Allawas stated that she expected the case to be set for trial near the first of next year, very close to the first she added.

Next pretrial conference is set for October 10th at 9:00 a.m. 

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  • 21 Responses to “Billy Lane appears in court for first time”

    1. morgan Says:

      Mike, I noticed in some pictures from Sturgis that Billy had a brace on his right arm that went from shoulder to wrist. Do you know what is wrong with him?
      I have read that a lot of different circumstances can effect a blood alcohol test. Having a witness look at the blood work is a good idea.
      I have heard that there is a lot more to this accident than has been reported. I understand that Billy has not drank since the accident.
      I read that a settlement was made in the civil trial. Right after the accident there were blogs that were taking donations for the Morelock family. One site even auctioned off a bike. It would be interesting to know just how much money the Morelock family has received.

    2. Mike Odom Says:

      Hi morgan,
      Yes I noticed the brace in many pictures as well. I recall that Billy had a previous injury from a accident where he had to drop his bike and injured his arm and wrist. These kind of injuries can come back to haunt you years later! I know, I walk on a broken tibia in my right ankle and some days it can give me a fit.

      As far a what happened at the accident and what people say, well all I go by is the accident report and actual witness statements. I think you and other readers of this blog appreciate the fact that everything is based on facts here.

      Thanks for reading,
      Mike

    3. Steve Says:

      Interesting, perhaps, Morgan…but none of your business.

    4. morgan Says:

      Interesting Steve but I was talking to Mike……none of your business!

    5. John D. Says:

      What would be the premise for suppressing the BAC ?

    6. Triumph Guy Says:

      What happened to the ‘locks? Has the wild child gone clean just to meet the judge?

    7. Mike Odom Says:

      Hi John D,
      There are many strict guidelines for a law enforcement official to follow for the blood work to remain accurate and be substantial evidence. The blood must be taken with a certain amount of official witnesses, it has to be inverted a certain amount of times, transported at a common temperature, initialed by all those handling it…etc.

      IF any one of these guidelines are not followed to the utmost degree and it can be proved, then there would be cause to suppress. It would appear that Eisenmenger, who is known to be a “scientific” attorney has information or a possible witness that this has happened. This is the second time that he has asked for more time revolving around the blood work. The State Attorney is aware and said that he has plans to suppress certain witnesses following Eisenmenger’s motion.

    8. John D. Says:

      Thanks for the follow-up Mike. Sounds like quite a game on behalf of the defense attorneys. If the evidence was marginal then I could understand questioning procedure however I can’t see something so obvious being second guessed. A confirmation of the details certainly. I’ve had bloodwork lost inside a hospital but I doubt the FHP would have dropped the ball on such a serious and dramatic case.

    9. Oso1g Says:

      Thanks for the update Mike, all public safety personnel on scene were fully aware of BL being involved….the truck of course being a giveaway for those that were close enough….moderate/poor lighting / darkness. Of course “rumor” on the street is the bloodwork is going to be suppressed. Time will tell. Keep up the good work btw.

    10. Brett Says:

      I will answer the Billy’s arm question. It has nothing to do with his previous injury. He has torn his bicep. That brace is to keep it stabalized until it is fully healed. I was in Sturgis & stopped by the Grease Monkey Mayhem set up by Indian Larry’s guys. I have had many things done for me by Paul Cox, so I try to talk to them any chance I can. Choppers, Inc. was part of it with Indian Larry Legacy, Bling’s, Evil Spirit, Bill Wall, Paramount Custom Cycles, & Terra.

      Time will only tell how changed Billy is, but he has been in rehab ever since the wreck & the hardest thing he drank in Sturgis was Gatorade. I can also say, there are more Haters of Jesse James then anyone. Jesse was at Full Throttle & it is ridiculous the stuff people yell at him. I guess making your self a success & marrying a powerful Hollywood actress & producer makes other jealous.

    11. Brett Says:

      Hey Triumph guy
      If Thugs like Micheal Vick & Pacman Jones get all “cleaned up” & cut of their dreds for the judge, then it is understandable Billy would also. No way to ever know if his sentence would be different if he looked the way he did a year ago.

    12. Mike Odom Says:

      Hi Brett…thanks for the updates. You are right though. Even the smallest amount of fame can bring on that type of public effect. I guess, some just learn to deal with it better than others.

      Actually, I remember seeing a video of Billy on stage during the biker build-off against Mitchell and I noticed he was drinking water. Seems the bad misfortunes in his recent life started with the gas tank fire and has snowballed on from there. There are visible changes in Billy even in attitude. Most appear to be sincere, but as you say time will tell.

    13. Brett Says:

      Hey Mike

      as for Billy’s attitude, I don’t have any idea. I have only seen him in person twice. Once in 2005 at the Smoke Out & I didn’t try to talk to him or anything.

      Then this year at Sturgis. I obviously didn’t bring up his wreck or anything dealing with it, but I asked him about his arm & bikes & some of the people we both know.

      2 things I can say from that meeting. He seems very very humble. He is very appreciative of people who I guess you could say are friendly to him. I mean, he like what I said about Jesse James, has always had people who disliked him because before it seemed they were jealous. Now is a much different reason for people’s dislike. He can really only walk away from things being said.

      He also spent alot of time on his phone in what look like very serious conversation. My guess is it was his lawyer.

      Now before anyone thinks I just tried to follow Billy around like a lost puppy, no. However, this is a Blog about Billy. I don’t think people care about My talks with Keino, Chica, Bill Dodge or Tay Terrera.

      On a side not though, Tay Terrera is awsome & does incredible engraving work. Indian Larry Legacy just built a bike for Brad Pitt & it was at their trailer. Tay showed me all the engraving he did on just about every piece of metal on the thing. Man, I just wish I had a few million I could spend. There are alot of guys doing some great work.

    14. morgan Says:

      Maybe being sober has changed the way he feels about himself and he decided to change his looks to go along with his new attitude.
      I was talking to him in Myrtle Beach when some guy said “What did you do, sell out?” referring to his haircut. BL was quick to respond that he had not sold out.
      I saw him in Philly in January and Myrtle Beach in May and the crowds that gather around him have not changed since the accident. He still draws large crowds that stand in line for his autograph. I never heard anyone say anything bad about him or to him. I guess it’s easier for some people to say bad things about him on a blog.
      I bought quite a few six shooter parts from him in May. I still support and respect him just like I would if this had happened to a friend or family member of mine.

    15. John D. Says:

      Unfortunately I find it difficult to respect anyone that leads such a reckless life that they would endanger other peoples lives and then not accept the responsibilities of their actions immediately.

    16. Brett Says:

      Through this entire thing, the not accepting responsibility for his actions is one thing I don’t understand. If anyone else is in his position, they wouldn’t come out & make some big press statement & saying they were sorry. It’s been brought up here in many different cases how the system is not equal. That also includes if you have alot more to lose then some guy working 9 to 5 for a company. He is in survival mode right now & when his sentance comes down, that is when he will make a statement.

    17. John D. Says:

      I understand your point of view Brett and unfortunately this is exactly what has been wrong with America for some time. People deny all responsibility in hopes they will “survive” (meaning “thrive really) while in numerous cases such as this one, the victim didn’t survive at all.

      And agreed that “the system is not equal”. If this had happened to you, me or any other average person we’d be in jail. To the best of my meager knowledge, Billy didn’t even have to be locked up the night he killed Mr.Morelock.

    18. morgan Says:

      I know we have already been through why he was not locked up that night.
      Part of his bond agreement is he can not have any contact with the Morelock family. If he makes a public statement, wouldn’t that be considered having contact with the family?

    19. Ford Says:

      If anyone would like to contact the Morelocks, I found the brother and nephew’s myspace sites:

      http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=33287730

      http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=38481504

    20. Mike Odom Says:

      Hey Ford,
      Sorry for the delay in posting these links! The first few times I tried them the did not seem to work, but today they are there? I guess that is one of the many reasons I defer from using myspace….. I have an account there, but rarely update it or even visit.

      Nice going on finding the Morelock’s page though.

    21. Brett Says:

      Found this on-line

      “BILLY LANE EVIDENCE TAINTED– Lawyers for motorcycle builder Billy Lane contend law enforcement authorities’ failure to refrigerate blood samples may have sparked bacterial growth that led to a false high blood-alcohol level reading against their client.

      Attorney Gregory Eisenmenger has filed motions calling for the evidence to be thrown out because Lane – charged with DUI manslaughter in connection with a Sept. 4, 2006, crash that left a motorcyclist dead – did not consent to a Florida Highway Patrol blood draw at the hospital following the accident.

      “Lane declined and then they took blood samples over his objection,” Eisenmenger said. “We’re saying that’s improper.”

      Police say Lane, 37, had a blood-alcohol level of 0.19 – more than twice the legal limit – when he crossed a double yellow line on State Road A1A to pass several vehicles and struck 56-year-old Sebastian Inlet park ranger Gerald Morelock’s Yamaha mini-motorcycle head-on with his Dodge Ram pickup.

      He faces up to 15 years in prison if convicted at his trial, expected to begin in early 2008. A pretrial conference hearing is scheduled before Circuit Judge Meryl Allawas for 9 a.m. Oct. 10.

      Eisenmenger said he expects to ask for a continuance that day in order to schedule a full day for his motions to be heard.

      Prosecutor Tom Brown said today the state is “confident in our evidence.”

      Eisenmenger said FHP did not follow normal protocol when it transported Lane’s blood samples by mail to the Florida Department of Law Enforcement, leaving them unrefrigerated. The vials of blood then sat unrefrigerated in an FDLE locker until they were tested and mailed back.

      The samples have not been refrigerated since then, Eisenmenger said.

      “Normal protocol would be to take them from FHP immediately and drive them over,” he said, “(because if left unrefrigerated) they can deteriorate. And if there is some sort of contamination from outside air, you can get bacterial infection, which can essentially cause production of alcohol in the blood sample itself. Bacteria feed off the proteins and sugars in the blood and convert that to alcohol.”

      Eisenmenger is also challenging the state’s testing protocols, which he said do not regulate the procedures and types of tests that may be used for blood alcohol analysis.

      “There’s a complete absence of oversight . . . all of which goes back to the reliability of the testing process,” he said of the motion, which he said would be heard by the First District Court of Appeal in Tallahassee.

      Eisenmenger is requesting that Allawas allow his expert witness, Largo toxicologist Lawrence Masten, to independently test the samples.

      BY KEYONNA SUMMERS
      FLORIDA TODAY”

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