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



Archive for the 'Case Research' Category

Judge accepts plea in Lane case sentencing scheduled for August

Posted in Auto Negligence, Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Motorcycle News, Motorcycles, News on June 9th, 2009

lane_sworn_in

(Viera, Florida) Billy Lane was sworn in today for the first time since his arrest almost 3 years ago for DUI Manslaughter causing the death of Melbourne Beach resident Gerald Morelock. Attorney Greg Eisenmenger entered a plea of “no contest” on behalf of Billy Lane before Judge Burger explained the governing rules of the plea. Judge Burger then began to ask Lane the standard questions regarding a plea. There was a slight hesitation of yes your honor when the Judge asked Billy about his mental state. The Judge then asked State Attorney Tom Brown to state the cause for charges filed.

listening_to_evidence

The plea today was entered against the charge of vehicular homicide which was filed late in the case by the state. After the hearing, Attorney Eisenmenger stated that they had been contesting and battling against the DUI and the mishandling of the blood work. Eisenmenger made a point to brief the court of what his plans were to bring forth mitigating circumstances to curtail Lane doing any time in prison. He suggested that Lane would instead be held accountable by means of probation or house arrest and listed other terms of a possible agreement. Some of terms mentioned were that Billy Lane’s drivers license be revoked for life, that he attend drug and alcohol abuse programs and that he would do community service as the court found fit.

no_comments_from_lane
Billy Lane left the court room as reporters asked him to comment, however Attorney Greg Eisenmenger told us that Lane would not be making any comments at this time. Lane has not commented publicly about the incident yet.

eisenmenger_interview

Outside the court room Attorney Greg Eisenmenger answered questions from reporters. When asked if he was satisfied with a 9 year prison sentence, he responded that he intends to bring forward mitigating circumstances to in hope of working out a deal in which Lane would not be incarcerated. Eisenmenger stated that ultimately the final judgement would be up to the court and could be anywhere from a amount of time probation or house arrest up to the low side of the guidelines which would call for 9 years imprisonment. He was also asked about how Billy was doing and what he was doing. Eisenmenger stated that he did not make a habit of following his clients day to day life, however he felt that Billy was still working in the motorcycle industry as he was. He went on to say that Billy has shown remorse for what happened and even at some points more remorse than what he had been advised.

Sentencing has been scheduled for August 14.

I contacted Byron Morelock, the brother of the victim Gerald Morelock after the hearing and he released the following statement:

As most of you already know, my family has been following this case from day one.
The Plea today is not a surprise.
It is true that this case has taken a long time to get to this point, however,
I have always attempted to have faith in the system.
There are many different and diverse opinions out there concerning every aspect of this case. That in itself, demonstrates how our country
Can be so diverse yet held together like timeless glue.
I have been in contact with all parties involved in an attempt to find ways
to turn this tragedy into a more positive outcome. In my heart I know that this is what my Dear Brother Gerry would have wanted. I want people to understand that I am handling this as Gerry has shown me, not necessarily as I want.
I would like to thank so many people for their prayers and good wishes and support

sincerely,
Byron & Seany Morelock

Technorati Tags: , , , , , , , ,

Free Legal Advice on Barack Obama’s Inauguration Day to Answer Consumer Questions

Posted in Announcements, Case Research, Computers, Cool Sites, Forums, Helmet Issues, Internet, Law, Links, Media, Motorcycle Laws, News, Politics, Press Release on January 19th, 2009

LegalForce Answers announces a lawyer day of service to help answer consumer legal questions for free

PALO ALTO, Calif., Jan. 19, 2009 — LegalForce , the largest community of American lawyers on the Internet, announces a day of service for lawyers across the United States to answer legal questions of Americans for free to commemorate the historic inauguration of President-elect Barack Obama. LegalForce is the largest community of American lawyers on the Internet with more than 315,000 American lawyers and legal professionals. Commemorating Barack Obama’s historic inauguration to the United States presidency tomorrow, lawyers across the country have united to volunteer their time to answer questions for free for all Americans through the LegalForce Answers forum.

LegalForce includes a free legal questions-and-answers forum that provides personalized answers to consumers’ specific legal questions. “LegalForce Answers” is the largest legal Q&A website where users can find and vote on the best attorneys in their cities and states – through their LegalForce best lawyer profiles – and the quality of their answer through votes from the community of LegalForce users.
In addition, “LegalForce Answers” lets consumers answer questions so that they can share their own experiences with others who are struggling with similar legal issues.

“We’re pleased to be able to answer questions of any type on a pro-bono volunteer basis today, and help those individuals who cannot afford a lawyer through LegalForce,” comments Jason Smith, a public interest lawyer in New York. Through LegalForce, individuals from all walks of life can their questions answered by registered American lawyers working on a pro-bono basis.

“Consumers are increasingly turning to the Internet to research their legal issues in these trying times.
Bankruptcies, foreclosures, and personal financial issues are on the minds of many Americans. LegalForce Answers
today provides a fast, free and easy way for consumers to get answers to their questions, and at the same time, provides them with even more information and guidance to help them get the advice they need,” said Wendy Weinstein, LegalForce product manager. “LegalForce Answers also lets lawyers who want to do good during this historic election demonstrate their expertise and share some initial guidance with consumers in need.”

The launch of “LegalForce Answers” creates an online community focused exclusively on legal issues where consumers can ask specific, highly detailed questions – even anonymously to protect their privacy – or search a database of questions asked by others on a broad range of legal issues. Users can also be automatically notified when questions or answers are posted on specific topics of interest to them, or when a specific lawyer posts a new answer to any question. Answers can come from both lawyers and non-lawyers.

“LegalForce Answers” is also the only legal Q&A forum that recognizes those lawyers who volunteer their time during this historic time provide helpful answers as judged by the community of LegalForce users. Lawyers can achieve different “levels” based on the quantity and quality of their answers, and that level is displayed together next to each answer they provide, as well as in their LegalForce Profile.

In addition to being able to vote on the quality of an answer and view other people’s votes, consumers can assess the background of every lawyer who provides an answer by reviewing their LegalForce Rating and LegalForce Profile, which includes a lawyer’s professional experience, industry recognition, and client endorsements. To make that easy for the consumer, a link to the lawyer’s LegalForce Profile is displayed beside every answer.

LegalForce Answers is a great forum for consumers to ask questions on bankruptcy, foreclosures, legal disputes, other legal questions for free in these trying times. As Barack Obama takes on the American presidency, lawyers across the world have united to answer questions of consumers for free through LegalForce.

About LegalForce

LegalForce is a lawyer search website that rates and profiles every attorney to help consumers find the right lawyer. In addition to detailed lawyer profiles, the free site includes the LegalForce Rating, outstanding attorneys across every major city and small town in America.
LegalForce gives every attorney a free online profile and an opportunity to give and receive peer endorsements. The website currently includes profiles and ratings on licensed attorneys in all 50 United States. Founded in July 2008, LegalForce is privately held, with angel funding from private investors and venture capitalists in the Bay area.
For more information, visit http://www.legalforce.com.

Distributed by eReleases – http://www.ereleases.com

Technorati Tags: , , , , ,

Billy Lane DUI Update

Posted in Brevard County, Case Research, Chopper Builders, DUI, Florida, Law, Melbourne, Motorcycle News, Motorcycles, News on October 22nd, 2008

Lane’s blood work to be looked at by another expert, this time appointed by the state.

The hearing for Billy Lane’s pending DUI Manslaughter charge scheduled for today at 2:00 in Viera was canceled. The next date scheduled for hearing is November 17th. However, State Attorney Tom Brown says that we are getting closer to a trial date to be set.

The state had asked to see the blood work report that had been produced by Lane’s expert witness, but the defense attorney has decided not to use the testimony, results or consultation of the witness they had hired. At the same time Lane’s defense has filed a motion to suppress the blood work as evidence in the case. Because the state was not allowed to view the results of the tests ordered by Lane’s attorney, the State of Florida has now sent the blood work to another expert to be analysed. State Attorney Tom Brown said that the report will be used in conjunction with the original report from the FDLE lab. The exact results of the new tests are not known yet but there is a deposition of the Doctor that performed the test scheduled that will reveal the findings.

I asked State Attorney Tom Brown if he thought this would go to trial and he said that he expects it to . He stated that the State is prepared to go to trial unless Lane was to plea to jail time. I asked what kind of plea would be acceptable and Brown said he would not accept anything less than 10 years jail time in order to keep this case from going to trial. You may recall that Billy Lane would be looking at at least 15 years jail time if he does go to trial and is found guilty of DUI Manslaughter.

Lane is still facing another civil suit that was filed by the passenger of the Dodge truck that he was driving on the night he passed in a no passing zone causing the death of Melbourne Beach resident Gerald Morelock. However, this civil trial that has been filed by passenger Erin Derrick against Billy Lane and Chrysler has been moved out of county and has no court date scheduled at this time.

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

Billy Lane DUI hearing cancelled, no new date set

Posted in Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Editorial, Florida, Investigative Reports, Journalism, Law, Melbourne, Motorcycle News, Motorcycles, News on June 14th, 2008

June 12th was the hearing date scheduled in the William Lane DUI Manslaughter trial that an actual trial date was expected to be set. However, the hearing was cancelled because attorneys Gregory Eisenmenger and Robert Barry were out of town on another case. Judge Allawas had ordered that all motions be filed by the defense no later than June 6th during the last hearing so that she could proceed with a trial date.
Three motions were filed by Lane’s attorneys on June 6th to meet the court’s demand. All 3 motions are to suppress the blood evidence that may be crucial to the state to uphold the charge of DUI. Lane is currently awaiting ruling by the Division of Administrative Hearings regarding the sufficiency of certain rules. One of the motions filed alleges that the State of Florida and FDLE (Florida Department of Law Enforcement) rules were not complied with and it is for this reason that the Administrative Hearing is in place and still awaiting a decision.
The motion further state that several critical errors were made in the handling and analysis of the blood evidence. First is that the blood kit was taken to the post office in Rockledge, Florida on September 5, 2006 and was sent by certified mail to the FDLE crime lab in Orlando and was not delivered until September 12th, 7 days later.
evidence delayed in Lane trial may cause problems in case
The delay, it appears, was due to the way the FHP mailed the blood kit (image above). According to the motion the FHP chose to send the evidence by certified mail rather than overnight or by courier. Florida rule does not require refrigeration of blood used as evidence if it is submitted for analysis within 7 days which apparently was very close in this case. The same motion goes on to state that the proper procedure was not used in the analysis of the blood by the FDLE examiner.
Although all of the 3 motions filed were to suppress the blood evidence in the case, none of them mentioned the expert witness or lab work completed in Colorado that had caused major time delays in the case previously.
So at this date there is no date set for the three motions to be heard, Lane still awaits decision by the state on Administrative Hearings and no date has been set for the start of the actual trial.

Update! on 6/18/2008 A new court date has been scheduled for July 10, 2008 at 11:00 am

Technorati Tags: , , , , , , ,

Passenger in Billy Lane DUI Case files civil law suit

Posted in Auto Negligence, Brevard County, Case Research, Celebrity, Chopper Builders, DUI, Florida, Law, Local, Melbourne, Motorcycle News, Motorcycles, News on May 16th, 2008

Erin Derrick, the female passenger that was with Billy Lane on the night of the crash that took the life of Gerald Morelock and injured Derrick has filed civil suit against Lane and Chrysler for Auto Negligence. Lane and Dodge reached a settlement with the family of the victim last year, but are still waiting for justice in the criminal case. This is breaking news just discovered and the actual summons has not even been returned yet.

Lane is scheduled for a hearing today at 1:30 pm in the criminal case where he is still facing charges of DUI Manslaughter.

More on this story as it unfolds.

Technorati Tags: , , , , , , , ,

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.

Technorati Tags: , , , , , , , ,

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

Technorati Tags: , , , , , ,

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

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: , , , , , , , ,

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: , , , , , , ,