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Archive for the 'Brevard County' Category

2001 Dyna Wide Glide 4 sale

Posted in Brevard County, Florida, Melbourne, Motorcycles on March 28th, 2008

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I don’t normally advertise bikes for sale here, but I made a promise to do this one for my in law. It is a 01 Harley Davidson Dyna.

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I snapped two shots of the bike and one of the VIN for those who may want to run a car fax or what have you.

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Please call the owner, Dallas about this motorcycle at 321-698-5527 for price and information.

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More delays in the Billy Lane trial

Posted in Brevard County, Celebrity, Chopper Builders, DUI, Daytona Beach, Florida, Law, Melbourne, Motorcycle News, Motorcycles, News on March 6th, 2008

While Billy Lane is appearing live on Main street in Daytona Beach during Bike Week, he had to appear in court yesterday before Judge Allawas for a case that started back in September of 2006. Billy Lane is still facing charges for DUI Manslaughter and can get up to 15 years if he is convicted for taking the life of 56 year old Gerald Morelock. Though prosecutors did not want Lane’s blood samples to be sent out of state to Colorado, Judge Allawas allowed it and now the Lane defense team stated they are still waiting on the blood and results to be returned. A trial date has yet to be set in this case and the next scheduled hearing has been set for April 11, 2008.

Choppers Inc. Henderson Bike

Choppers Inc. the retail store that Lane owns has been closed to the public for over a year and their web site states that the store is relocating. Billy Lane has continued his work and still makes public appearances while he is waiting for a trial date to be set. Lane recently unveiled his latest project the Henderson Bike in Columbus, Ohio and is in Daytona Beach for Bike Week 2008.

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Judge allows Billy Lane’s blood work to travel

Posted in Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Law, Melbourne, Motorcycle News, Motorcycles, News on January 18th, 2008

(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 in court

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.

Eisenmenger argues motion

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.

motions heard in Lane trial

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.

Lane still waiting on trial to begin

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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Billy Lane trial drags on with new date set for testimony

Posted in Brevard County, Celebrity, Chopper Builders, DUI, Florida, Law, Melbourne, Motorcycle News, Motorcycles, News on January 8th, 2008

(Viera, Florida) Billy Lane’s attorney appeared before Judge Allawas this morning at 9:00 and asked that time be set aside for his expert witness to testify in the ongoing DUI Manslaughter case against custom motorcycle builder Billy Lane.

Gregory Eisenmenger estimated that he would need one half hour of the courts time in order for Dr. Masten, his expert toxicologist witness to testify as to why he would need to use a lab that is such a great distance from Brevard County, Florida. Dr. Masten uses a lab that is located in Colorado and State Attorney’s office has objected to the blood work being transported this distance. The motions and testimony were originally scheduled to be heard back on November 6th of last year, however attorney Eisenmenger was engaged in the trial of Florida State Representative Robert Allen who had been arrested for soliciting a male undercover officer for sex in a Titusville park restroom. Judge Allawas excused Eisenmenger’s absence and set a new date for today.

The new date for the motions and testimony has been set for January 18th at 4:00 pm. Eisenmenger will also try to suppress the blood evidence during this hearing.

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Billy Lane Trial Update – Prosecutor’s motion granted, defense motion in wings

Posted in Auto Negligence, Brevard County, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycle News, Motorcycles, News, State on October 31st, 2007

 Billy Lane arrested

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.

Dodge pickup driven by Billy Lane in fatal crash

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.

Billy Lane appears in court

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.

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Blog Action Day Post – Gopher Tortoise

Posted in Bike Week, Biketoberfest, Blogs, Brevard County, Daytona Beach, Editorial, Florida, Internet, Investigative Reports, Journalism, Local, Melbourne, Motorcycle Events, Motorcycles, National, Ormond Beach, Rides, State, Volusia County on October 15th, 2007

Today, October 15th is Blog Action day. As a blogger I am supposed to write something about the enviroment. Bloggers get to pick there own subject to write about, but the post should be geared toward the enviroment. The choice for me was easy, finding a protected Florida wildlife species to photograph for the story was not as easy.

Protected Florida Gopher Tortoise

Meet the Gopher Tortoise (Gopherus polyphemus), a protected wildlife species found mostly in northern and central Florida and some parts of southern Georgia but have been found to be declining in numbers.

Erna Nixon Brevard County Park

I took a ride over to Erna Nixon Brevard County Park to see if I could find a gopher tortoise to photograph. This county park is known to have this particular form of protected wildlife roaming the area. I asked the ranger where I might find a gopher turtle, but she told me that they are usually not out until later afternoon.

Gopher Tortoise feeding on grass

I decided to walk my way up the nature trail and see if I would get lucky even though it was just after twelve noon. I walked up the path til I reached the wetland area of the park with no luck. Then took a walk up the opposite side of the trail to the wetlands and still had not spotted a turtle. As luck would have it, as I was exiting the trail just past the main pavilion I spotted this big guy chomping on some grass.

Ormond Beach loop ride

Many bikers and motorcycle enthusiasts ride the “loop” when visiting the Volusia County area including Ormond Beach and Daytona Beach during the two big Florida Motorcycle events every year. Bike Week and Biketoberfest attract hundreds of thousands of visitors to this area and most will make plans to ride the loop during these events.

The Loop is a favorite ride during Bike Week and Biketoberfest

Many of you readers have noticed the signs “Save the Loop” posted in homes and along the 23 mile stretch of road from Daytona to Ormond Beach. The loop is a natural habitat for the gopher tortoise and like the turtle, this land is threatened by development. One such development called Plantation Oaks brings threat to this enjoyable natural Florida scenic ride as well as the lives of over 900 gopher turtles. Read Permit to Kill to see more on how this developer bought his way through a permit loop hole.

It is sad to see more and more of the natural Florida ecosystem losing out to high dollar homes and multi-million dollar golf courses. Along with the natural beauty and surroundings of this land we are also killing off our wildlife, like the gopher tortoise.

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Man arrested in fatal motorcycle crash

Posted in Brevard County, Case Research, DUI, Editorial, Florida, Investigative Reports, Law, Local, Motorcycles, News on October 12th, 2007

(Palm Bay, Florida) A man riding a motorcycle was killed Thursday night after being struck by a Honda Accord near Minton Road and Emerson Drive in Palm Bay. Police identified the victim as Nicolo Puglisi, 33, of West Melbourne. He was not wearing a helmet. Victor Puglisi, his 8-year-old son, who was riding with him was airlifted to Arnold Palmer Hospital for Children in Orlando with critical injuries. The boy was wearing a helmet. A 40-year-old man who was driving the Accord has been arrested on a charge of DUI manslaughter.
Jose Ramon Cabrera also faces charges of felony DUI, DUI with serious bodily injury and DUI with property damage.

Cabrera has a lengthy arrest history dating back to 1995, police said. He has two prior DUI arrests. If convicted, he might face a maximum term of 15 years. The accident occurred a before 8 p.m. Traffic homicide investigators continued to work at the scene late into the night. Traffic flow at the intersection was affected for hours. Those trying to go north on Minton Road near Emerson Drive were being directed to use alternative routes.

The above is a article that was published in Florida Today September 28, 2007 written by reporter Kaustuv Basu. Readers of this blog know that I rarely use re posts from other sources. However, somehow this story slipped on without my knowledge and it caught my eye yesterday in the Florida Today breaking news forums. My sincere condolences and sympathy go to the family of the victim, Nicoli Puglisi and prayers are for his son who survived the crash. From what I have read in the story chat, the child has undergone surgery and is still in ICU at the Orlando hospital he was air lifted to. There is talk of a fund being set up to help the family and when I get that information I will post it here for those who wish to contribute.

This story is disturbing in itself, and struck up some serious debate in the forum.  As in many stories of this nature where the writer makes mention of whether the rider was wearing a helmet or not, the great helmet debate ensues. Many times as in this particular case the helmet issue clouds the discussion over the greater issues. Another human life was taken of a motorcyclist by a person driving under the influence (DUI) in a automobile. Moreover, this man, Jose Ramon Cabrera has a long history of traffic infractions that include two previous arrests for DUI.

The last two posts in the story chat really caught my attention.

WHAT???!!! At first I didn’t/couldn’t believe what Nala41 posted, but it’s completely true. This piece of crap was let out of jail, committed yet ANOTHER running a light infraction and gets a friggen TICKET??? By the way, scum bags court date is November 28. Posted by: sweet_vindication on Thu Oct 11, 2007 11:19 pm

Well, I could not believe this myself. So I pulled the case to see if it could have been an error. To think that Mr. Cabrera could be out on bail and committed this careless driving offense days later was unimaginable. A Florida driver license check brought back the following information:
As of Oct 12, 2007, at 08:07 PM, driver license number C166-436-67-161-0 will soon be CANCELED, SUSPENDED, REVOKED, or DISQUALIFIED. Reason listed refuse to submit to breath/urine/blood test.

The citation that was issued in case  05-2007-TR-076556-AXXX-XX  indicated that the citation was NOT issued to Mr. Cabrera while driving days later as it appeared. It was issued as a summons request on 9/27/2007 and given to the Brevard county Sheriff office to be served. In fact as of today Jose Cabrera is still being held at the Brevard county jail under $320,000.00 bond. The record on case 05-2007-CF-061893-AXXX-XX reflects that Cabrera was arrested on the date of the crash and charged with DUI felony third or subsequent offense, DUI Manslaughter, DUI serious bodily injury and DUI with property damage. You will notice that the Case Type is Non Capital Murder for these charges. The Case Type for case number 05-2007-TR-076556-AXXX-XX is Traffic Infraction.

No dates have been set for docket soundings and the second appearance originally scheduled for 10/26/2007 has been canceled.

UPDATE 10/14: for the next 10 days donations can be sent to

Ronald MCdonald House Room #4

Arnold Palmer Medical Center

Att. Vincent Puglisi

1630 Kuhl Ave.

Orlando, Florida 32806

Source: http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20070928/BREAKINGNEWS/309280005

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Billy Lane update – more on blood work to be heard at later date

Posted in Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycles, News on October 10th, 2007

Viera Court House 

(Viera, Florida)Famed custom motorcycle builder Billy Lane was present in court today as his attorney Gregory Eisenmenger argued his motion revolving around the blood work that has remained an issue for the past few months. Eisenmenger has asked that Lane’s blood work be looked at by his expert witness Lawrence Masten. So far the only thing that Masten has appeared to have done was view the blood work and from this viewing he has determined that there may have been a problem with the seal. The blood work was taken from Billy Lane over 45 minutes after the September 4, 2006 crash that left Melbourne Beach resident 56 year old Gerald Morelock dead. Lane was charged with 3 charges after it was determined that he has a blood alcohol content of .192 more than twice the legal limit of .08 allowed by Florida Law. The original charges that were filed against Billy Lane were DUI MANSLAUGHTER, DWLS RVKD OR CNCLD WITH SERIOUS INJURY OR DEATH, DUI SERIOUS BODILY INJURY. The State dismissed two of the charges back on 10/19/2006 leaving only the DUI Manslaughter charges pending. The DUI Manslaughter charges as of today are still pending with two new 1 hour hearings to be announced.

Attorney Gregory Eisenmenger told the court that his expert witness has determined that there may have been some leakage from the vial holding Lane’s blood not being properly sealed. Toxicologist Lawrence Masten says he suspects this because the blood volume appears to be low in the vial. Eisenmenger is asking that his expert be allowed to examine the blood in a lab to see if it may have been contaminated. However, Masten does not have a lab of his own and the lab he uses is in Colorado. The state objected Lane’s blood work being sent to Colorado when it could be easily tested at a closer lab in Brevard County. The court agreed with the states objection and questioned as to why it would be necessary to send the blood to another state. State Attorney Samantha Barrett suggested a closer lab used at Wuesthoff rather than sending the blood work such a great distance. Attorney Eisenmenger immediately interrupted stating ” We don’t like Wuesthoff”. Judge Allawas said that it appeared that it would be necessary to hear more about the blood work and reasons for the lab work, especially noting the objection to the DUI evidence having to be transported so far away. No date was set for this hearing today and will be announced at a later date. There is also a date to be announced in which a motion will be heard on the use of Lane’s medical records as evidence in the case.

Billy Lane is facing up to 15 years in prison if convicted on the criminal DUI Manslaughter charges that are still pending.

Next docket sounding for this case is currently scheduled for November 6, 2007

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Billy Lane appears in court for first time

Posted in Brevard County, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycles, News on August 17th, 2007

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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Settlement reached in Billy Lane Civil Case with Morelock Family

Posted in Auto Negligence, Brevard County, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycles, News on July 27th, 2007

(Melbourne, Florida)  After hours of mediation between the family of Gerald Morelock with Billy Lane and attorneys for DaimlerChrysler, an out of court settlement has been negotiated. The civil action was filed in October of 2006 by June Morelock, the mother of Gerald Morelock against William D. Lane and Daimler Chrysler for the wrongful death of her son. Attorneys for all parties met with a mediator for hours on Monday with Billy Lane and the Morelock family all present. The case is now closed and a settlement has been reached between the parties for a undisclosed amount .

 Billy Lane is still facing criminal charges for DUI Manslaughter, but the civil action against him and Dodge has ended in agreement. Lane’s criminal charges for DUI Manslaughter are still pending with the next scheduled hearing date of August 17 at the Brevard county court house in Viera Florida.

Byron Morelock, the brother of Gerald Morelock, the man killed by Billy Lane in the September 4, 2006 crash has released the following statement:

The Morelock family and Billy Lane / Daimler have come to an agreement. We would like to personally show our gratitude and heartfilled thanks to all of the people thru-out the nation that have showed us their support , love and caring. My family may not have made it through these hard times if it wasn’t for your caring and sympathy. Our tragedy has opened up a ground swell of emotions to say the least. We are just one, of too many families that have been forced into a regrettable situation. I once said that everyone loses in these situations……..although we lost Gerry, who was my best friend and big brother, It seems that I have found so many other ” brothers.” Men and woman that have taken time out of their lives to help us in many ways. They never have met us but opened up their hearts and souls to us .Gerry always said that I looked at the cup half “full”. With all the love shown to us by so many……our cup is slowly but surely filling up !! Please stay in touch with us. Let’s try and turn our tragedy into something good.

With true sincerity, Byron , Seany, June,Dawn & Chelsey Morelock

 More to come as I get the facts with more pictures and interviews coming.

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