Judge allows Billy Lane’s blood work to travel
(Viera, Florida) Billy Lane listened attentively as lawyers discussed whether his blood samples used as evidence in the pending DUI Manslaughter case should be allowed to be sent out of the state of Florida for further examination.
Billy Lane was in court today for a hearing still surrounding the blood work evidence. State attorney Tom Brown stated that he is concerned as to the credentials and credibility of Rocky Mountain Labs located in Colorado. Toxicologist, Dr. Lawrence Masten was not present to explain why he wants to use the lab, but defense attorney Gregory Eisenmenger stated that he could testify by telephone if needed.
Lane’s attorney argued that the state should have no ruling over where the blood work would be sent and claimed full responsibility for the evidence once it was under his control “If we lose it, it is on us” Eisenmenger said. Eisenmenger went on to say that he had researched deeply and was not able to find any other case where the state could dictate what lab should be used for an independent study.
Another issue that the state attorney’s office was unhappy with is that Lane’s defense wants both vials of blood for the testing. Attorney Tom Brown said, again we have no issues with the blood being tested, we just want the lab to show some credibility. Even the web site for the Rocky Mountain Labs should show some credentials and it does not, Brown went on to say. Brown also stated that the lab web site has many outgoing links to DUI defense law offices and schools. Eisenmenger injected that the FDLE ( Florida Department of Law Enforcement) web site has many outgoing links to law agencies so this is true with the lab as well(*). State Attorney Samantha Barrett suggested that only one vial of the blood be sent out of state for testing at a time, to which Eisenmenger argued that this would only cause delays.
After hearing the arguments from both sides, Judge Allawas overruled the states objection to the evidence being sent out of state and said that she would allow the blood work to travel to Colorado. However, the Judge added that the state would be able to argue as to whether the study performed by the independent lab would be admissible if they feel they are not qualified.
Billy Lane still faces a trial for the criminal charges of DUI Manslaughter from the September 4th, 2006 fatal crash that caused the death of Sebastian Inlet Park ranger Gerald Morelock. Byron Morelock, the brother of Gerald Morelock was at today’s hearing. The charges could bring Billy Lane up to 15 years in prison. Next hearing date is set for pretrial confrence on March 5, 2008 at 9:00 am.
*I found this statement interesting, so I took a look at the outbound links for the two sites in comparison. The FDLE site has 10 outbound links, while the Rocky Mountain labs has 290. Using the web site SEO tools, I got the following results for the two sites mentioned.
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January 18th, 2008 at 9:26 pm
So when is the next court date for Lane?
January 18th, 2008 at 9:34 pm
Oops Jo, you are correct. I forgot to include that. I will edit the article to reflect that the next date set is for March 5, 2008 noted as a pretrial conference. Thanks for the heads up.
January 21st, 2008 at 5:30 pm
ya know, I honestly doubt Billy gets the max in prison if he gets prison time at all. I have thought from day 1, maybe 2 years & a lengthy probation & possible community service.
Just think if that were the case. By the time he would go, it would be 2 years. He could have been getting out.
I just can’t imagine trying to go through this & keep everything straight for either side.
January 28th, 2008 at 2:41 am
Hi Brett,
Yep, it looks like this will really drag out for a while yet. I have to wonder if Billy is really even happy that it is dragging on. Seems he would want to move on. But as we know, the attorneys are in control here and neither side is ready to give up without a fight. Eisenmenger has been noted for be a technical term lawyer and he is proving himself out on this case.
I don’t think either side has even attempted to come to any type of a plea bargain because there are still too many underlying facts yet. I do think that once we get passed this blood issue, the case will go to trial.
February 22nd, 2008 at 2:43 pm
[...] though Billy Lane’s blood alcohol analysis will be allowed in the trial. Next hearing is 3/5/08. Judge allows Billy Lane’s blood work to travel __________________ [...]
April 4th, 2008 at 5:17 pm
Hello, April 4th, 2008 What’s the latest with the Billy Lane Trial??? When does the actual trial Begin???? Thks! Icepick =]
April 4th, 2008 at 5:56 pm
Hi Icepick,
Currently there is no trail date set. Billy Lane is scheduled to appear in court for another calendar call next Friday the 11th at 1:30 pm
I will be there, so look for a report later that day.
October 26th, 2008 at 3:54 pm
Hope Billy gets through it all ok. Whats done is done, there aint no turning back. I’m sure Billy feels very regretfull of that day, dragging it on will only make it worse. Let the pour guy move on. We all make mistakes, some worse than others, but none the less, they are accidental, so let the guy move on. More biker build off billy, please.
Gaz Hayes
Steeltown Choppers UK
steeltownchoppers@googlemail.com
January 22nd, 2009 at 3:58 pm
Billy, You have done exactly what I would do, drag this out as long as possible! Make every chance possible for evidence loss or mis-handling. On appeals after conviction you could still remain on bond and argue that the circut court accepted tainted evidence. The longer you can wait and hold out, the more likely a jury will have forgotten about what happened and find you innocent. Use your “bike experience” to plead with the jury as a man that is compassionate and truly sorry, relate to all the times you have nearly been killed on a bike. This was an accident and the deceased had a beer in him too, argue this until your blue in the face. We all drink and drive, those who deny it are liars, I should be you as I have driven and ridden just plowed. I don’t do it so much anymore because I am scared to death of getting caught, but keep up the stalling and legal arguments. Nobody wants to go to jail, it sucks for “normal” people to be jailed. I went crazy after 28 hours after my DUI! Just get out of it any way you can.
Steve, Daytona Beach.
June 9th, 2009 at 10:23 am
See ya Billy. One more win for FHP and for the safety of the people of Brevard County. Hope your prison cell is small and hot like the one is for the person that you sent up for life.
And for all you people pleading for Billy, where was the trail for Mr. Morelock? As you slam him for having a drink and driving. Did he get to defend himself? Did he get to hire an expensive attorney? Did Mr. Morelock get his day in court. Oh yeah, that was road side justice by Mr. Lane. Mr. Lane the the cop, judge and jury. Keep defending Bily, I just hope that next time Mr. Lane drives drunk or recklessly he doesn’t kill your brother, sister, aunt, uncle, mom dad, grandfather, grandmother, or friend. Then maybe you will fully understand that this was not a isolated incident, Mr. Lane has a history. Just FYI, take away the drinking that Mr. Lane did that day/night and he still drove recklessly and killed another human being, by passing 3 vehicles in a no passing zone and hit Mr. Morelock head on. Enjoy your cell Billy. Hey maybe they will let him design the new license plate?
September 28th, 2009 at 9:30 pm
Mr.Hildreth
I feel deeply sorry for mr.Morlock life (RIP maybe if You would not drink you would be alive) but more I feel sorry for people with chicken size brain who don’t understand that coin have sometimes more than two sides to look at………..sounds familiar to you ???????
I hate people who would be for years excited about the great bike builder who don’t walk around like celebrity and is partying with regular crowd who at the very moment when shit like this happened,without knowing really the circumstances are all the sudden the biggest judges jealous of his success and money and would crucify him on first corner without court.
I don’t need to loose son, mother or brother in accident to know how it feels ….I lost my leg ( and before 16 surgeries almost my life ) in motorcycle accident to reckless driver but forgive him – accident happen – it takes sometimes just few bad circumstances and one second not paying attention.Yes Billy is guilty but nobody can give that guy life back and the real punishment is inside human being brain..Do you think I wish that the guy who run 30m/h through stop sign and crippled me would spend 10 years behind the bars?????? .,..NO .Does the punishment which would share with him his wife kids mother and friends give me my leg and health back??????? Again NO !!!!!
That was comment to all the a-holes who are crying on many chat blocks and biker web sites: I ride drunk but if I get caught I would get 15 years …shut the fuck up and don’t drink and drive or work hard and become famous and rich so if shit like this happend to you you can afford to pay good lawyer !!!!And as last comment to this subject:PLEASE DO NOT call mr. Morlock biker because I’m riding 35 years and too many times in my life going through the night in the country sober on my Harley ALMOST KILL ONE OF THESE REDNECKS WHO SIT DRUNK IN MIDDLE OF THE NIGHT ON BICYCLE OR MOPED AND CIG CAG-ing there way home from bar!!!
Hang there Billy!
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