Free Blog Listings @ Blog Annoucne

blog search directory

Save the Net

My Zimbio
KudoSurf Me!

Listed on BlogShares

Motorcycle Bloggers International

Sell Links On Your Site

Harley Davidson accessories- Genuine Harley-Davidson Parts and Accessories and Genuine Harley-Davidson MotorClothes. Search and buy from our online parts and accessories catalog. Order from Surdyke.com and be the first to know about our Free Freight Sales! Over 95,000 orders filled!



Archive for the 'Brevard County' Category

Billy Lane DUI case still on hold – Blood work being looked at

Posted in Brevard County, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycles, News on June 29th, 2007

Viera Court House

Viera, Florida - The DUI Manslaughter charges held against Melbourne custom motorcycle builder Billy Lane remain pending after his case went before Judge Allawas this morning during the 9:00 calendar call.

Attorney Robert Ralph Berry

Robert Berry of  the law firm Eisenmenger Berry & Peters, P.A, was present to represent and speak on behalf of  Defendant, William D. Lane, who was not present. Robert Berry asked the court to continue the case stating that he and assistant State Attorney, Mike Brown were working diligently on trying to clear some questions surrounding the blood work. You may recall, that the blood work Mr. Barry has mentioned was taken from Billy Lane at the hospital over 45 minutes after the crash happened that took the life of 56 year old Gerald Morelock of Melbourne Beach, Florida back on September 4, 2006.

The blood was sent to the Florida Department of Law Enforcement crime lab and it was determined that Billy Lane had a blood alcohol content of .192 at the time the blood was drawn. Lane was later charged with DUI Manslaughter and could face up to 15 years imprisonment by Florida State law. The Judge granted the continuance and set the next date for docket sounding of September 21, 2007 which will exceed a year since the date of the crash. State Attorney Mike Brown had told me that these type of cases typically take around 18 months to complete the process.

Technorati Tags: , , , , , , ,

Morelock V. Billy Lane civil trial motion heard

Posted in Auto Negligence, Brevard County, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycles, News, State, Titusville on May 17th, 2007

Titusville Courthouse

(Titusville, Florida) A calendar call was scheduled today at 1:30 pm in the civil trial filed against Billy Lane and Dodge by the Mother of Gerald Morelock for the wrongful death of her son.

The motion filed on behalf of Billy Lane and Dodge states that because evidence was found from a autopsy report showing that Gerald Morelock had alcohol in his blood, that the plaintiff should share responsibility in the crash. Lane was driving a promotional Dodge pickup loaned to him on labor day 2006 when he struck and killed Gerald Morelock. Billy Lane refused to submit to any type of alcohol test, but blood was taken 45 minutes after the September 4th crash and sent to The Florida Department of Law Enforcement crime lab.

Billy Lane’s BAC was returned by the FDLE crime lab reflecting a blood alcohol level of .192, while the autopsy report of Gerald Morelock later showed he had a blood level of .133. The attorneys for the defense of Billy Lane and DaimlerChrysler filed the motion hoping to show that the plaintiff could have had equal responsibility in the crash for this reason.

The motion was denied by the court when Attorney Sam Cacciatore pointed to case law showing that this motion would hold the “Plaintiff” at partial fault. The plaintiff in this case is Dolores Morelock, the mother of Gerald Morelock.

Mr. Cacciatore told me that the motion was suitable for a case were the plaintiff was injured. Because this is a wrongful death suit and Mrs. Morelock was the plaintiff, she could not be held responsible shared or otherwise for the crash. The civil action against Billy Lane and Dodge is scheduled to be heard in late August.

Billy Lane still faces a criminal charge of DUI Manslaughter from the same crash and could face up to 15 years in jail. No trial date has been set for the criminal case yet.

Technorati Tags: , , , , , , , , , , ,

Investigation continues into Melbourne Apartment Explosion

Posted in Brevard County, Florida, Journalism, Local, Melbourne, News on April 14th, 2007

Melbourne, Florida Apartment Explosion

Melbourne, Florida – The Melbourne Fire Department has completed gathering evidence on the scene of an explosion that happened early Wednesday at the Tucker Heights Apartments, 1101 Mathers St that claimed the life of two people and injured seven others. The victims of the explosion were sleeping in the apartment at the time and are listed as Joshua Leigh Jackson, 18 and 11 month old baby Ja’Miya Jackson.

The Melbourne Police department is continuing their investigation into the explosion and are asking residents who might have taken video or photographs to please contact the Department at 321-409-2200.  Anyone with information is asked to contact the Melbourne Police Department at 321-409-2200 or Crimeline at 1-800-423-TIPS. 

The investigation continues into the deaths of the residents in apartment D.  The gathering of evidence has determined that the dryer from apt C was illegally removed and found by Detectives in apt D.  The Melbourne Police Department has completed gathering all evidence and will continue with their investigation.  Police will be on scene throughout the weekend providing security to prevent tampering with any debris or resident’s belongings.

Technorati Tags: , , , , ,

Funk’s Motion to Withdraw held off until Monday

Posted in Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, News on April 13th, 2007

Viera Court House

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.

Former attorney for Billy Lane, Kepler Funk

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 Ralph Berry

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.

Attorney Gregory Eisenmenger

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.

Technorati Tags: , , , , , , , ,

Interview with Byron Morelock

Posted in Brevard County, Editorial, Florida, Global, Investigative Reports, Journalism, Media, Melbourne, Motorcycles, National, News, State on March 20th, 2007

Mike and Byron meeting on the beach

Today, I am speaking with Byron Morelock. Byron, is the brother of Gerald Morelock the motorcyclist killed on September 4th 2006 when he was hit head-on by an oncoming Dodge Ram pickup in a no passing zone on State Road A1A in Melbourne Beach, Florida. It was later discovered that the driver of the Dodge pickup, William D. Lane, did not have a valid driver license and was driving while intoxicated. Lane and female passenger Erin Derrick were injured in the crash, but were released from the hospital later. The Florida Department of Law Enforcement crime lab reported that Mr. Lane’s blood alcohol level was at .192 which is higher than the legal Florida limit of .08. Mr. Lane’s driver license was under current suspension for refusing to submit to a breathalyser test in June of 2006 after he was pulled over by State Police in Rowan County, North Carolina for driving on the wrong side of the road and not wearing a helmet.

 

There has been quite a bit of local news coverage on the crash of September 4th in Brevard County, Florida that took the life of Gerald Morelock because as fate would have it William Lane, known as Billy Lane of Choppers Inc. is a motorcycle builder based in Melbourne Florida and he is popular in the motorcycle industry. It was later discovered that Billy Lane did not own the Dodge pickup that he was driving when the crash occurred. The Dodge Ram pickup was one of 3 promotional vehicles owned by
DaimlerChrysler Corporation and had been loaned to Lane to promote Dodge products. All 3 vehicles had custom paint that prominently displayed the Dodge name, Choppers Inc., Billy Lane and the Dodge ram trademark.

Sean Morelock looking at ocean

One of the most important issues in this tragedy has lacked news coverage and that is what are the thoughts, the feelings of the family that has lost a loved one. That is what I want to discus with Byron Morelock today. I did this interview by telephone, but was invited out to meet with Byron and his son Sean on Melbourne Beach. To meet them in person and talk was very touching. Sean is very quiet and walked off while his father and I spoke. I took Cindi along and she took some pictures as we talked. The following is the interview that took place by telephone.

 Good afternoon, Byron

Byron: Mike, can I say a word or two first to clarify something??

MNO: Sure.

Byron: Thanks.. I have always been a slightly shy kind of a guy. Not bothering anyone and expecting that in return. We all dream about being a movie star or getting in the news for doing something great…Maybe its just a human thing.. I never would have dreamed in a million years that I would have to stand up and publicly Talk about and defend my family and our situation.
I guess that it is something that I must do. Too much hurt and pain have interrupted our lives. The sword has been passed to me. Mostly , we have heard from thousands of caring souls telling us that they too have lost a loved one and that somehow sharing our problems with others might help some one else. That’s why I’m here with you Mike. I wish I wasn’t,. not that you are a bad guy or anything !! I mean that I would much rather be fishing on some beach, waiting for Gerry to come walking up and saying “Hey Bro…whats up”

Ok ..fire away !

MNO: Where do you live? Are you from Florida?

Byron: My son and I live in Indialantic ,Florida now. My daughter Chelsey also lives in Melbourne. Actually Mike, I have been coming down to Florida since I was a baby. My Dad had an Aunt that lived locally so we were drawn here by family. We grew up in Ohio.

MNO: When did you move to Florida?

Byron: I moved to Florida in 1992.

MNO: Gerald Morelock was your brother?

Byron: He sure was….

MNO: Where did Gerald live? Was he from Florida?

Byron: Gerry lived 3 miles south of us in Melbourne Beach. Gerry was from Ohio like me.

MNO: When did Gerald move to Florida?

Byron: Gerry moved down here in 1988. We were always close so I moved down a few years latter.

MNO: Was Gerald older or younger than you?

Byron: Gerry was my big brother…always my big brother. Even though I became a bit “bigger”I always looked up to him as my big brother.

MNO: What was Gerald like in his youth?

Byron: Gerry was always into music & art. We both grew up with the most beautiful Mom & Dad. Kinda like a Rockwell painting. Dad always took us out fishing & hunting. We both loved the outdoors..

MNO: Are there any other brothers or sisters in your family?

Byron: Yea, I have a little sister “Squirt”…I mean DAWN….She always wanted to hang out with us so Gerry & I started calling her Squirt.

MNO: And where does she live?

Byron: She lives up in Ohio about 10 miles from MOM.

MNO: Tell me about your parents, are they both still alive?

Byron: Mom is still kicking….that’s for sure!! Dad died in our arms in
1984 with pancreatic cancer. That was horrible…but I was glad that we were there for him… Dad brought us into to this world and we thought it was our duty to help him out…..Gerry too. Matter of fact …I thought at the time that it was the worst thing that would ever happen to me ……unfortunately ……I was wrong …………As for our Mom: (I call her “BUG” because her name is JUNE )….get it ??? “JUNE BUG”Well she is my saving grace…Always there for both Gerry & I as well as my family. She fell in love with my Dad as a teenager and stuck with him …even to this day…she never remarried. She always says: “Once you’ve had the best …you don’t want the rest!!”

MNO: And you, do you have a family of your own?

Byron: I surly do. My son Seany lives with me and I have a beautiful daughter ,Chelsey , that has her own “pad” now. My ex-wife Carmen lives locally and is always involved with her children.

MNO: So your son, Sean lives with you? Tell me about him.

Byron: Well ….Seany and I are about as close as God allows. I know that sounds strange
to some of you but that’s the truth. If he is feeling sick then I start to feel sick. if I am worried then he too, worries. We are a kindred spirit. Everyone that knows us , tell us that they have never seen such a closeness of two souls. Lately though…..I have noticed him quiet, wanting to just slam our door closed when he comes home .maybe to escape our reality….. I don’t know exactly how to put into words. We constantly get bombarded with the realization that Gerry will never be here again. For me, it‘s horrible!!
…but to see my beautiful boy struggling to figure out all this crap just kills me.

MNO: I see, so this tragedy has had a big effect on Seany, your son?

Byron: Mike…..I don’t know you very well…….but I have to tell someone and I trust you ….my brother Gerry was not just an uncle to Seany…..He also represented his Grandpa, as well as a good understanding friend. Seany always would sit with Gerry and find the answers that he needed to hear. He would call him weekly .

You see, Gerry always helped both Seany and me in so many ways. He would LISTEN to us without judgment and try and understand how we felt . Sometimes a Dad & a son or daughter need Individual space , to be free to say what’s on their minds to someone that cares . Gerry always opened his heart to help us .

MNO: What other changes has all this brought to Sean’s life? School? Hobbies?

Byron: Both Seany and I were paralyzed when we were awakened at 2:59 am by 3 policemen pounding our door down last Labor Day. I didn’t sleep for 7 days…Seany finally passed out 5 days latter on the couch. My Mom flew down As fast as she could to help us. Everywhere we went , people would hug us and cry and ask us how we were doing.

 Our phones rang and rang. Emails after emails. All of these wonderful people were truly concerned about us. Seany could not make himself go to school. His school tried to fail him because of all this. He was devastated. I had to call the Governor’s office and vehemently defend my boy’s reasons. Three days latter I got a call from his school telling me that
Seany was welcome back to his school…….This was an awful thing for him. How dare anybody dictate a time for grieving !!!!!!!!!!

Especially to a beautiful boy caught up in a horrific tragedy. Both Seany and I really haven’t wanted to go out much since Gerry was killed. We use to always go to Sebastian Inlet and fish and play like we were on a deserted island. Build a campfire, and cook (hopefully) fresh fish and then Gerry would come over and eat and talk. I try to be a good example to my son Mike……

But I just can’t hide my pain and he knows it. Too many nights we both just lay in my bed….looking at the ceiling….not saying a word but knowing how much we need each other….He lost more than an uncle……that’s all I can say.….

(Cell phone rings)

Byron: Excuse me Mike.

MNO: Sure, go ahead.

Byron: Sorry, That was Seany….He calls me 5 to 8 times a day since Gerry’s death. We both always say I Love You a hundred times a day. I am not complaining at all . I truly love that boy so much ! He seems to be scared of …”WHATS NEXT ??” syndrome.
Maybe he is frightened with the possibility of loosing me ya know?….

MNO: And you? How has Gerry’s death effected your life?

Byron: (long pause)…

Gerry and I were not just brothers…we were best friends. Confidants of life. He would listen till 2 in the morning about all the crap I went thru and still not be judgmental. He studied all the religions in the world and always would come up with the perfect idea. I still almost stop by his place every day to say hi but then I remember…

Gerry didn’t like to cook , so Seany &I always did for him. If we were making killer lasagna, we would double the amount and take it over to uncle Gerry’s every week. A lot of the times Gerry would come over and bring his guitars and play the most beautiful music while Seany & I would be cooking.

Matter of fact, he played the most beautiful version of “GREENSLEVES “ in the whole world. Every time I would ask him to play that………… This Christmas did not come to Seany & Me .We both would get tears in our eyes listening to music….especially Greensleeves on the radio .14 years… we cooked for him and he always would say to me “I m so proud of you brother”…I miss that in my life now a days.

MNO: Do you think that this has been harder for you, your son and family because Gerald’s death involved a celebrity?

Byron: Of course,. So many more people know of the famous Billy lane. I mean , the first newspaper article barely mentioned my brother Gerry. They were more interested in the famous man that killed Gerry.

MNO: Did you know who Billy Lane was before this incident? Sean?

Byron: No. I really didn’t know of him. Seany and his friends new OF him.

MNO: And the rest of your family? What feelings have they expressed?

Byron: Mom has been devastated by all this !!! She doesn’t know what to think or do .She basically now hides in her home and tries to not think of this tragedy. Thank God that my little sister Squirt lives close by.

Mom doesn’t drive so Squirt picks her up and brings her to her home .Mom still just cleans around the home and worries about our families reality now that Gerry is gone. I am embarrassed to say that Mom probably worries too much for Seany & me and what we go thru here in all of this mess. I love my Mom so much and worry that this tragedy has broken her heart and the will to keep on.

MNO: Did anyone from the media try to talk to your Mom at her home in Ohio, I mean outside of Florida media?

Byron: No , I don’t think so Mike but then again , I am afraid to talk with her like I always use to. I don’t want to take a chance of getting her more upset.

MNO: And you? What was the media attention like when this all first happened?

Byron: From the day after Billy lane killed my Bro all hell broke loose in our lives: .Reporters, photographers, journalists , policemen, coroners, lawyers, prosecutors, Florists, funeral homes, Doctors, …Ya get it ???

Reporters at Seany’s school, waiting for us at home,…a nightmare

MNO: Now?

Byron: Still get hundreds of emails from all over the USA everyday, and phone calls and letters and blogs …. Mostly supporting our cause.

MNO: I’d like to hear more about Gerald. Can you tell me what kind of a person was he?as a Brother?

Byron: He was my friend, my best friend as Seany let me know. You see , I have been a single Dad with my kids for along time. I happen to believe that my kids came 1st.

Therefore I didn’t go out a lot . I stayed at home and mostly spent time with Gerry. Yea, he was my big brother…and I mean big too. Every single time I saw him , he would give me a big Viking hug and say :”I’m so proud of you !!”

I was lucky I guess to have a bro and a friend in one .Gerry always tried to help. I mean help anyone. I really don’t believe that he knew just how much he helped so many others. To be truthful…I even didn’t know until he was gone myself how I depended on him just to be there.…We have gotten thousands and thousands of people around this great country telling us how Gerry and all this has helped them some way , some how. Many have told me that they have lost a loved one in a traffic tragedy like us. I only hope and pray that my sweet brother can see how much good he had done.

MNO: Did Gerald have a wife? Kids?

Byron: He was married at one time. His only kid you might say is my boy Seany. They had a wonderful relationship !!!!!!!!

MNO: And Gerald was a park ranger?

Byron: He worked at Sebastian Inlet Park and loved it ! Our Dad took us there as kids all the time when we vacationed from Ohio. I guess that’s like a big circle.

MNO: We know that Gerald had a Yamaha motor scooter. Did he have any other bikes?

Byron: He had a big ol BMW.

MNO: When did Gerald first start riding?

Byron: Not long I guess. Maybe a few years. He liked the wind in his face. But ya know what he really loved about bikes and bikers? He loved the idea of being a part of a group. A comrade. He would always tell me how great it felt when a bunch of Harleys would go by and WAVE to him……And now so many more are waving and supporting him and us……he was right,………..bikers are more than cool !!!

MNO: Gerald wore a helmet when riding?

Byron: The 1st day he got his bike I came over. We both went out
and found a killer helmet! He looked really cool in it too.

MNO: So, Gerry enjoyed riding motorcycles. Other articles I had read said that Gerald was thinking about selling his scooter?

Byron: Well , I was always trying to talk him into getting a sports car with some more METAL around him. He loved the feeling of a bike though.

MNO: I think I read somewhere that before this incident, you and Sean did not know much about the biker community?

Byron: I grew up with a lot of bikers but for some reason I was afraid to
ride myself. I always liked most of the bikers I met, kinda like fishermen….

MNO: And these days, what are your feelings towards bikers?

Byron: Both Seany and I as well as my Mom And Squirt now have only love and good feelings towards bikers all over this great country !!

MNO: Byron, you have a computer, correct? How long have you been “on line”?

Byron: Yes , got 2 of them. I’ve been on line for several years now. why??

MNO: I was wondering if you have been reading these forums, blogs and on line articles about what happened?

Byron: That’s a 2 bladed answer my friend.

MNO: Okay, have you become active in any of these?

Byron: Some….mostly to defend my brother!!!

MNO: Some of the threads seem to get out of control and it appears that you might have been hurt by some of the things said. Is there anything you might want to say about that?

Byron: What has happened to me and my family has happened to way to many others before us. Trying to get thru day by day is bad enough. But to get emails from all over with comments to look at a blog because of a hurtful remark is heartbreaking all over again…

I am at awe with the maybe millions that seem to be supporting our cause in this tragedy. From all our locals here on the beach, friends, M.A.D.D. and B.A.D.D. members from Germany to Japan!!! At the same time it only takes a few bad remarks or false statements said to bring this big Ohioan to tears. Maybe some do not understand the whole situation.

MNO: What about the way some have chose to turn certain threads into a mob scene and hateful remarks against Gerald, you or your family?

Byron: There are several reasons that I will respond to a few hate mails towards my Bro or my family.

One being that I promised my Son, Seany, that Labor Day night that I would never give up , NEVER

The other reason is to try and turn this tragedy into something positive to help others…Gerry would want that. But I guess the single and most important reason that I will fight for our cause is very simple and plain…..

” A BROTHER”S LOVE>>>IS A BROTHER”S LOVE”

MNO: And those who do so against Billy Lane?

Byron: I think that it is wrong. The man that killed my Brother has to go thru our legal and civil system. I once said this statement but not many picked up on it except you Mike..: “ No matter what happens …..Everyone looses in this tragedy “

MNO: I know you can not answer many questions about the civil action filed against Billy Lane and DaimlerChrysler, but I want to just point out some things. Would that be okay? If I ask something that you can not answer, just tell me so.

Byron: Okay.

MNO: Your mother has filed an auto negligence suit against Dodge and Billy Lane for the wrongful death of your brother Gerald, correct? Ur, well I should say DaimlerChrysler I guess.

Byron: Yes. Against Billy Lane because he was driving and broke the law, Dodge because they owned the pickup that he was driving when Gerry was killed.

MNO: So Dodge is involved because it was their pickup that Lane was driving?

Byron: Yes, but that is all I can say for now.

MNO: Byron, thanks for giving me the opportunity to speak with you about all this, I know it is a hard thing for you to talk about.

I did a post on Gerald Morelock back in November of 2006 that includes many pictures of Gerry and his family. You can see that post by clicking here.

Technorati Tags: , , , , , , , ,

Billy Lane’s Civil and Criminal Cases Clash

Posted in Auto Negligence, Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycles, News, State, Titusville on March 19th, 2007

Billy Lane sported a new look during Bike Week 2007 

Billy Lane’s new criminal attorney, Gregory Eisenmenger was present at the 4:15 pm hearing in the civil case filed against Billy Lane and DaimlerChrysler for the wrongful death of Gerald Morelock. Mr. Eisenmenger announced to the court that he was sitting in today because “ today’s hearing touches on advice I have given my client in the criminal case” and “I am here to help answer questions and advise”.

 

In fact, no questions were answered. The reason for today’s hearing was whether the questions would be answered or not. Also present today, by telephone, Sammy Cacciatore and Sam Cacciatore for plaintiff Dolores Morelock and Jefferey Vernis for Billy Lane. William McCandless, attorney for DaimlerChrysler was on the conference call as well.

 

Attorney Sam Cacciatore, filed a request for admissions with the court, asking Billy Lane to answer questions that could shorten the civil hearing time in court. Billy Lane’s civil and criminal attorneys agreed that it was in Billy Lane’s best interest to invoke the 5th amendment and not answer the questions because the criminal trial for DUI Manslaughter against Lane was still on-going. Questions pertaining to venue, such as time, date and place were under objection. Criminal attorney Eisenmenger stated that it was up to the State of Florida to prove that the crash happened, adding that they must also prove where and when, along with the identity of the deceadant, Gerald Morelock in the criminal case against Lane. Eisenmenger later added that answering these questions could be extremely damaging to his client with the criminal charges still pending.

 

Most of the objections to the questions were sustained by Judge Moxley, as they were read to the court one by one. These questions will all be presented in a later article here on this blog. Judge Moxley did overrule on a few of the objectionable questions. Cacciatore had requested that Billy Lane produce all documents pertaining to any type of lease agreement that he had with Dodge for the Dodge Ram pickup that he was driving the night of the crash. In response, civil attorney Vernis stated that there was no written agreement between Dodge and Billy Lane for the promotional vehicles that Lane had in his possession and control. Vernis called the question very broad for the plaintiffs to ask for any and all documents.

 

Objections were heard from both of Billy Lane’s attorneys when questions were asked about Erin Derrick, the female passenger with Billy Lane on the night of the crash. Attorney Sam Cacciatore said “ we have no idea what the relationship was” between Billy Lane and Erin Derrick. Eisenmenger, said that Ms. Derrick could be a link in the chain of evidence for the criminal case and had advised Lane not to answer. It was determined by the court that Lane would have to answer the question regarding his driving history by listing all traffic citations prior to the Labor Day crash. I asked attorney Greg Eisenmenger how he felt about the decisions. Eisenmenger stated “ I think the judge ruled appropriately in all respects.

 

I will elaborate as to all of the questions in a full article tomorrow.

Technorati Tags: , , , , , , ,

Weather threatens first days of bike week

Posted in Bike Week, Brevard County, Daytona Beach, Florida, Local, Melbourne, Motorcycle Events, Motorcycles, News, Ormond Beach, Safety, Volusia County, Weather on March 2nd, 2007

Daytona Weather

As we make our final preparations to leave for Daytona Beach the winds here in Melbourne Florida are kicking up and the sky is threatening. The image above is from my web site Ride Weather and it stays current updating the Daytona Beach weather hourly.

Looks like Bike Week will be getting off to a windy and cloudy start with chances of scattered thunder storms today and tomorrow. As of yet, we have not seen any rain, but be very careful riding in this wind. Wind gusts of up to 35 mph have been recorded as a front moves along the Florida peninsula.

Daytona Beach Sky Cam Capture March 2, 2007 for Bike Week

This is a screen capture of the sky cam located in Daytona Beach on the WESH Channel 2 tower. The picture shows the cloud coverage, but no rain.

Daytona Beach Web Cam

This picture was captured form the web cam located on the Daytona Beach Pier looking down the Florida coastline, you can see the cloud build up. Here is the extended Daytona Beach weather outlook:

Friday…Mostly cloudy with numerous showers and thunderstorms. Breezy. Highs in the upper 70s. Southwest winds 15 to 20 mph. Chance of rain 60 percent.

Saturday…Mostly cloudy with scattered showers and isolated thunderstorms. Cooler. Highs in the mid 60s. North winds 5 to 10 mph. Chance of rain 50 percent.

Sunday…Considerable cloudiness with a chance of showers. Highs in the mid 60s. Northwest winds 5 to 10 mph. Chance of rain 30 percent.

Monday…Mostly sunny. Highs in the mid 60s.

Tuesday…Mostly sunny. Highs around 70.

Wednesday…Partly sunny. Highs in the mid 70s.

Thursday…Partly sunny. Highs in the mid 70s.

Source:

http://www.wesh.com

http://www.daytonavisit.com

http://www.rideweather.com

Technorati Tags: , , ,

Habitual DUI offender kills motorcyclist

Posted in Auto Negligence, Brevard County, DUI, Florida, Law, Local, Motorcycles, News, Titusville on February 26th, 2007

 (Titusville, Florida) James E. Bremmer, 53, of Titusville has had his driver licensed revoked for more than 5 years for arrests on 3 DUIs back in 1998. The charges were enough to mark him as a habitual offender, yet he was driving a borrowed pick up truck on Sunday night and veered into the path of 52 year old motorcyclist Dennis Bestwick. The pick up truck that Bremmer was driving side swiped Bestwick while riding his motorcycle northbound on US 1 killing him.

Bremmer has been charged with DUI manslaughter, driving with a suspended license, violation of right of way and DUI with property damage. Trooper Kim Miller also noted that if someone lent Bremmer the truck on a revoked license, that person could face fines for allowing an unauthorized driver access.

Because, Trooper Kim Miller, the public information officer for the FHP does not recognize me as a news source, I have to refer to a story just released to the mass media published in the Sun Sentinel for this post.

Source:

http://www.sun-sentinel.com

Technorati Tags: , , , , ,

New date set for Billy Lane Case – clerical error at fault

Posted in Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Investigative Reports, Journalism, Law, Local, Media, Melbourne, Motorcycles, News, Newspaper on February 26th, 2007

A recent article in Florida Today “breaking news” section seems to stirred up old news in the Billy Lane DUI Manslaughter case. The article entitled Lane scheduled for court appearance reports that two of the three charges Lane faced were dropped. The story seems to have spawned from an earlier report on February 23 by WFTV channel 9, Orlando reporting Two Charges Dropped Against Celebrity Motorcycle Builder. This is nothing new in the case and most that have been following the Billy Lane cases know that this happened months ago.

What caught my eye in the story was the date of March 16 being reported as scheduled for next appearance. Because I was present during the last docket sounding on February 2 and reported the next court date to be March 23, 2007, I wanted to know why the date had been changed. It appears that there was a clerical error made on all of the cases from the February 2nd docket setting them for the next date of March 23rd. When the error had been discovered in the conflicting dates, notices were sent out to all parties notifying them of the new date set to March 16th.

Aside the criminal case for DUI manslaughter Lane faces, there is a pending civil suit against Billy Lane and ChryslerDaimler for the wrongful death of victim Gerald Morelock. Billy Lane was driving a promotional vehicle owned by Dodge on the night of September 4th that struck and killed Morelock while attempting to pass 3 vehicles in a double yellow no passing zone along Highway A1A in Melbourne Beach.

Source:

http://www.wftv.com/news/11094035/detail.html

http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20070224/BREAKINGNEWS/70224004

Technorati Tags: , , , , , , , ,

Auto negligence case against Billy Lane and Dodge set for trial

Posted in Auto Negligence, Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Motorcycles, News, Titusville on February 7th, 2007

 Titusville Courthouse

(Titusville, Florida) Trial target date set for August 20, 2007 in wrongful death auto negligence case against Billy Lane and DaimlerChrysler Corporation.

Although today’s appearance in the civil case against Billy Lane and Dodge was a calendar hearing, there were some motions presented to the court. Present at the hearing today were Jeffery Vernis, Esq. and Terrance Perkins attorneys for defendant, William D. Lane. William McCandless, attorney for defendant, DaimlerChrysler, was present by telephone. Representing the plaintiff(s) Dolores J. Morelock, Estate of Gerald V Morelock, were S. Sammy Cacciatore and Sammy M. Cacciatore. The hearing was held in chambers of Honorable Judge John D. Moxley Jr. at 1:30 pm today.

Jeffrey Vernis Presented an oral argument to the court on his Motion To Dismiss, filed November 26, 2006, asking the court to dismiss the case against Lane. The Motion To Dismiss states that the plaintiff fails to set forth the required elements of negligence in the complaint filed. Vernis made oral argument before the court on the motion to dismiss while citing the Florida Law, Rules & Guidelines and case law. Cacciatore stated to the court that while he felt the complaint was sufficient, he would be willing to add the word “negligence” to paragraph 9 in an amended complaint. Judge Moxley denied the motion to dismiss and accepted the offer of the amended complaint.

Jeffrey Vernis next approached the court on the Motion For Speedy Trial that was filed by the plaintiff on November 7, 2006. Vernis stated that the motion had been ruled on without being heard and asked that the court entertain his response. Judge Moxley allowed Vernis to go on and then asked if he could be prepared for trial in four and a half months. Vernis called the motion for speedy trial “premature” and stated “your Honor, I would be very shocked if we could be ready for trial in four and a half months.” Judge Moxley upheld the motion for speedy trial and set the trial to be heard on August 20, 2007.

William McCandless, attorney for DaimlerChrysler was to speak to the court by telephone about the affirmative defenses that he had filed on November 15, 2006, but McCandless had another call and disconnected from the hearing.

Technorati Tags: , , , , , , , , , ,