Billy Lane Trial Update – Prosecutor’s motion granted, defense motion in wings
The hospital medical records of Melbourne, Florida custom motorcycle builder Billy Lane will now be allowed to be used as evidence in the DUI Manslaughter case against him. Choppers Inc. owner Billy Lane is facing criminal charges resulting from the Labor Day weekend crash of 2006 that left Melbourne Beach resident Gerald Morelock dead. The victim, Gerald Morelock was killed when he was hit head on by the Dodge pickup that Lane was driving at the time. Witnesses claim that Lane was speeding and had crossed a double yellow line in an attempt to pass 3 vehicles on State Road A1A when the crash occurred.
Billy Lane and his passenger, Erin Derrick were both taken to Holmes Regional hospital in Melbourne after the crash with injuries, Lane and Derrick were treated and released. Prosecutors in the DUI Manslaughter trial had filed a motion with the court to obtain copies of Lane’s medical records to be examined and possibly used as evidence in the case.
Judge Meryl Allawas ruled in favor of the motion on Tuesday allowing Lane’s medical records to be used in the trial. The defense attorneys for Lane argued that the records should not be allowed and contend that they are private. Defense attorney, Greg Eisenmenger has filed a motion to suppress the blood work taken from Billy Lane after the crash. Eisenmenger’s Motion In Limine says the state failed to comply with Florida Department of Law Enforcement rule 11D-8.012(5). The motion says that he has discovered that blood was not properly handled by not being refrigerated as required by the FDLE code.
FDLE Code 11D-8.012(5) states: “Blood samples need not be refrigerated if submitted for analysis within seven (7) days of collection, or during transportation, examination or analysis. Blood samples must be otherwise refrigerated, except that refrigeration is not required subsequent to the initial analysis”.
The burden of proof will be on the State of Florida to demonstrate they have complied with the FDLE rules. The defense also filed a motion for independent blood analysis, but Judge Allawas is not happy with the independent lab being located so far away and has not ruled on the motion yet. Independent toxicologist Lawrence Masten of Largo, Florida has been retained by the defense to analyze the blood work, but the lab he uses, Rocky Mountain Instrumental Labs is located in Ft. Collins, Colorado thousands of miles away.
Custom motorcycle builder Billy Lane, shown above with defense attorney Gregory Eisenmenger has been present in court during the last few calendar calls. Eisenmenger has several motions to suppress the blood work yet to be heard by the court including the Motion To Limine (mentioned above) and another “motion to suppress the blood draw and resulting test”.
The motion to suppress the blood draw and resulting test was filed on September 28th, 2007 and states that the attending paramedic the night of the crash had detected the odor of alcoholic beverage in the cab of the vehicle and on the passenger. The same paramedic that provided that information did not detect any alcoholic beverage coming from the Defendant, Billy Lane. However, the paramedic did detect an obvious odor of alcoholic beverage from the passenger when he treated her. The female passenger in the truck on September 4, 2006 was 22 year old Erin Derrick of Rockledge, Florida.
The motion also states that registered nurse, Wayne Stewart, withdrew the blood from the Defendant as directed by Florida Highway Patrol Trooper Davis. Nurse Stewart testified that he did not detect the odor of an alcoholic beverage on Billy Lane at or before the blood draw.
the final paragraph of the motion reads: “Withdrawal of blood without consent is only permitted when an officer has knowledge of an accident involving death or serious bodily injury and some evidence that the suspect is under the influence of drugs or alcohol. Troopers Taylor and Davis, even taking into account the information known to trooper Corbett (but not communicated to Davis or Taylor) did not have any evidence of the Defendant being under the influence of alcohol at the time of the blood draw, so the draw is illegal. Because the draw was illegal, the Defendant is likewise entitled to suppression of the blood test results.”
These motions are expected to be heard before the court on November 6, 2007 at 9:00 am. The actual trial of Billy Lane is not expected to start until early 2008. Lane could face up to 15 years in jail if convicted on the non capital murder charge of DUI Manslaughter.
Technorati Tags: billy lane, motorcycle news, DUI, manslaughter, drunk driving, court, celebrity justice, Melbourne, Florida, choppers inc
October 31st, 2007 at 10:12 pm
so what could not detecting the odor of an alcoholic beverage on Lane end up meaning?
October 31st, 2007 at 10:40 pm
Hello Brett,
Well, according to the motion, the law requires some sort of evidence to provide probable cause in order for the cops to take blood by force for testing. If the defense can prove that they had no probable cause to believe that Lane was under the influence, than the blood work would not be admissible as evidence. I think this has to be shown without the jury present as well. This is the reason for the motion in limine. They want this to be done beforehand to keep from tainting the jury with non-usable evidence.
However, because the prosecutor now has access to Lane’s medical records they will be able to use the information contained in there as evidence.
November 1st, 2007 at 12:24 am
If the evidence is non-admissible, can they still use any blood work that is in his medical files?
If they withdrew his blood illegally, I don’t understand how they can use it.
If anyone at the hospital said he appeared to be drunk, in his medical file, I would have to ask them how they would appear if they were just in a horrible accident where their vehicle flipped several times. All things considered, I probably would have appeared in shock or looked “drunk”.
This is all around a horrible situation. Who knows how Mr. Morelock would have reacted if he hadn’t been drinking. His reaction time may have allowed him time enough to have ran off the side of the road. Even if he had ran into a tree, wall, house, etc. it may have turned out better than what actually happened.
All this time, and on other less professional sites, I have read that the paramedic said Billy smelled like alcohol while he was being treated at the scene. Now I’m reading something different. I don’t think any of us will ever know the truth. A lot of people have been trashing Billy and it might turn out that the only thing he is guilty of is crossing a double yellow line. From what I have read, that is a regular occurance on that road.
Mike, do you feel I am off base?
November 1st, 2007 at 3:34 am
So just to confirm, indications of alcohol use could be based on any sense or combination of senses, right ? Slurring of speech, an obvious lack of coordination, unusual level of perspiration, lack of attentiveness and many other possibilities come to mind.
November 1st, 2007 at 4:27 am
Hi Beagle,
The words above on my post were taken directly from Eisenmenger’s motion which states the attending paramedic testified to this. The motion is to suppress the blood work from being entered as evidence. I suspect that there may be a difference in the blood taken by force, but I may be wrong. I have not put a lot of study into evidence research just yet. I do know that blood work has a great deal of rules that have to be met where they must dot every I and cross all the Ts.
I would have to agree with you as far as actions. Anyone that had just went through that sort of a crash would be thrown for a loop. The truck he was driving spun around and flipped, hit a pole and landed on top of it. Yea, I would imagine the most sober of people would be very shaken after that. I think they would have to rely more on things that might have been said and other medical professionals that have conflicting testimony as to the odor of alcohol being detected.
Many times I have said that it comes down to breaking the law by passing in a no pass zone. Problem is that the state felt it more important to wait and go after the bigger charge. They even dropped two of the other original charges leaving only the DUI Manslaughter charge. Big difference in the recent DUI crash in Palm Bay that took the life of a rider. In that incident the driver was immediately arrested and booked on a $320,000.00 bond while in this case Lane was not arrested until the results were returned. He turned himself in and was released on a $15,000.00 bond. I guess everything happens for some type of a purpose and it can be impossible to understand why. It is a horrible situation and one that can not be undone.
On the motions, we will have to wait and see what the judge rules.
November 1st, 2007 at 4:36 am
Silver,
What happened to confound the issue was the Trooper on the scene gave instructions to the two troopers at the hospital to draw the blood by cell. The motion claims that he did not communicate anything to the other troopers other than instructions to draw the blood. It does not state what the two troopers observed which could turn the whole thing around.
Still, we are not sure on the exact argument until the motion is heard and the Judge will rule after the verbal argument.
November 7th, 2007 at 3:08 pm
Mike,
I agree with your sentiment about the situation being horrible but I think that Mr.Lane could have reached some kind of an agreement with the DA unless they were simply not of a mind to make any kind of a deal. Does that seem to be the case to you ? I mean a guy like Billy has a lot of resources and contacts. Just my opinion but he could perform a major service by publicly accepting responsibility for this and working with an organizations like BADD, The Century Council, LifeRing, the Florida Department of Highway Safety and Motor Vehicles among others to help in the fight against DUI’s.
One other thought that I had is that it might not be that the DA isn’t willing to make a deal but rather that Billy is rolling the dice in hopes of walking away from all of this somewhat intact.
Thanks for your continued updates. Most informative info available.
Silver
November 7th, 2007 at 3:15 pm
Mike,
I apologize for the back-to-back posting however one thing is unclear to me. I was under the impression that a BAC test was SOP when an vehicular accident resulted in a death. Was I completely off base there ?
Silver
November 18th, 2007 at 8:15 pm
No, as I understand Fl. law on this, the “on scene” officer makes the call.
By having done such, the suspect is in custody of arresting officials and
it taken to a medical faciality to has a breath or blood test done. If
suspect refuses test they can be forced by law to provide a blood sample.
This is where it becomes a custody/gray area that many cases have been
won. In Lane’s case I do not think the State botched it in any way. They
rolled their best dice and now time for judgement day.
Thanks for updates Mike
December 1st, 2007 at 5:43 pm
Some people would say that crossing a double yellow to pass three cars would be reasonable cause to believe a person was drinking.
December 5th, 2007 at 7:37 am
“These motions are expected to be heard before the court on November 6, 2007 at 9:00 am.”
Were these postponed ?
“Some people would say that crossing a double yellow to pass three cars would be reasonable cause to believe a person was drinking.”
Well perhaps if he contests the fact that he was drunk, they can get him for willfully committing vehicular manslaughter. Wouldn’t that be Murder :Second Degree ?
http://criminal.findlaw.com/crimes/a-z/murder_second_degree.html
“Murder: Second degree
Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable “heat of passion” or 2) a killing caused by dangerous conduct and the offender’s obvious lack of concern for human life. ”
Obviously the second definition applies here.
December 8th, 2007 at 12:05 pm
lane is a well known drunk, nice guy,but a souse. let’s face it drinking and driving is just plain wrong. park the fricking bike under a palm tree and sleep it off. lane is a pussy. not man enough to stand up to his f–k up. period.
December 16th, 2007 at 11:45 am
Any word on the “These motions are expected to be heard before the court on November 6, 2007 at 9:00 am.”??
December 16th, 2007 at 12:39 pm
Ah yes, November 6th?
Well, here is what happened. I meant to do a story on this, but I have been really busy with other things…… any way.
It seems that one of our Florida State representatives had been arrested for soliciting sex from an undercover cop in Titusville back in July of 2007 and that trial was going on the same day.
Here is a little more, in detail of what I witnessed.
When I arrived at the court house in Viera that day, there were news trucks all over the place. Of course my first thought was word may have got out on some sort of a plea bargain, but that was not the case.
You may have heard, that State Representative Robert Allen had been arrested for soliciting sex from a male undercover cop in a park restroom in Titusville. Seems as though Billy Lane’s defense attorney, Greg Eisenmenger and his assistant were to busy with the trial of Allen to appear in court for Lane on November 6th. Instead they had former defense attorney Kepler Funk appear and ask for more time.
So there you have it folks, just a little extra news for the readers of this blog ; )
December 16th, 2007 at 2:39 pm
Thanks for the update Mike. I kinda thought this was the case. Just my opinion but if the wheels of justice progressed any slower they’d be running in reverse. And isn’t it weird how some fag gets more coverage than a murderer ?
December 16th, 2007 at 3:25 pm
Quote- “And isn’t it weird how some fag gets more coverage than a murderer?”
Wow. Now that is why the internet is so great. Brilliant insight like that.
December 16th, 2007 at 6:11 pm
Thanks Mike, I’m in Cali, I heard of Robert Allen incident but didn’t realize they had the same attorneys. Thanks again for the update. Have a good one
January 5th, 2008 at 10:05 pm
So when is the next court date? 2099?
January 7th, 2008 at 12:45 pm
EZ,
The next court date is tomorrow 01/08/2008
January 7th, 2008 at 7:46 pm
Thanks Mike //Crow
January 7th, 2008 at 7:50 pm
Thanks Mike for being professional.
January 7th, 2008 at 8:43 pm
Thanks for keeping us updated it’s appreciated!!
January 8th, 2008 at 3:02 am
I have been reading these comments for a good portion of my night trying to get a good feel for what people are really thinking. I have to be honest I do not have much faith in people after reading much of this.
first point- Many are condemning Billy for drinking and driving, was not the other driver drinking and driving? ahh but you say his BAC was not as high as billy”s. correct but still .13 is well over the legal limit. would their be such an outcry if it were reversed? or would many of the Billy Lane haters say good he deserved it due to the life he lived prior?
second point- many times through out this site i have read “he should just be a man and take responsibility” to you i ask have you ever broken the law? if so why have you no turned yourself in to receive your due punishment. If more people would adhere to their own wisdom of taking responsibility, their would be no need for lawyers. The guilty would own up and the innocent would have nothing to worry about.
all I am trying to say is the circumstances being what they are both parties were breaking the law, yes one may have broken more than the other, But both were driving illegally, both payed with their lives. Mr. Morelock with the breath that he breathed, as for Billy Lane’s his life as he knew it is over. both took each other’s lives. had either of them had made the decision not to drink and drive we wouldn’t be having this conversation.
if i had to choose which person i would rather be i would have to pick Mr. Morelock, because living a life after taking a life due to poor decisions is not a life worth living. i would rather be dead.
I in no way shape or form am trying to disgrace the dead or show any disrespect to the family’s involved. if i have offended anyone i am truly sorry, that was not my intention.
Thank you Mike for all the information and giving us a place to voice our opinion.
January 8th, 2008 at 5:10 pm
Mic, if Mr.Morelock had killed someone then he too would be on tiral. Granted the trial would not have such attentions as Billy’s however it would have been an open-and-shut case and he would have been in jail a year ago. Also Mr.Morelock didn’t earn his income from a vehicular related job. In that vein I believe Billy should have been tried as would any truck driver. And finally, as I stated earlier, his conduct actually leaves the door open for murder
2nd degree.
February 15th, 2008 at 9:50 am
When doe’s Billy’s trial actually start?, It’s 2/15/2008 and just wondering when he’ll have his day in court???
February 15th, 2008 at 9:56 am
Hi icepick,
The next scheduled date is on March 5, but I will be in Daytona. This will not be the start of the trial, but yet another calendar call.
November 18th, 2008 at 12:31 pm
Well what ever the out come i will always remember Billy’ him and my doughter had a great time at the expo in Cincinnati hes’ a great guy and a great bike bilder. I wish him the best of luck. Keep up your sprits and hopes’ im’ sorry about what happen it could happen to any boddy i no it wasent intentionally caused. GOOD LUCK BILLY.
November 20th, 2008 at 8:18 pm
May have not been intentional Lee, but it was not accidental either. Then we have to ask ourselves, how much good will erase bad. I was on the very same road two days ago and I saw a guy passing on the double yellow. He may or may not have been drinking. Fact is, if he had of hit someone, he would have been at fault. It would have been a wreck, not an accident.
Just some food for thought. Thanks for visiting and posting.
November 20th, 2008 at 9:20 pm
Well said Mike ! There is absolutely nothing accidental about DWI !!!