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Archive for the 'DUI' 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

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Billy Lane faces new charge and Judge

Posted in Brevard County, Celebrity, Chopper Builders, DUI, Florida, Law, Melbourne, Motorcycle News, Motorcycles, News on January 11th, 2009

Only days after the long running Billy Lane DUI case had a new Judge appointed, the Florida State Attorney’s office has filed a new charge against the Melbourne motorcycle builder. For over two years Billy Lane has faced the single felony charge of DUI Manslaughter and has appeared many times in the court of Brevard County Judge Meryl Allawas. Judge Allawas was voted off the bench in last year’s election and Judge Robert Burger has now taken over her case load. One of the cases still pending to be heard is the trial of custom motorcycle builder Billy Lane. Lane had three charges filed against him in 2006 for his involvement in a crash in Melbourne Beach that caused the death of 56 year old Gerald Morelock.


The case has taken many different courses since Lane’s arrest including two of the original charges filed against Lane being dismissed and original defense attorney Kepler Funk being replaced by Gregory Eisenmenger. With a trial date now set for February 9th, the State Attorney has filed a new charge of vehicular homicide against Billy. Lane is accused of attempting to pass cars in a no passing zone on Highway A1A while driving a 2006 Dodge pick up owned by Chrysler Corporation on September 4th, 2006.  The truck Lane was driving struck Morelock head on while riding his motor scooter and caused his death. Billy Lane and female passenger Erin Derrick were both injured in the crash as well, but were both released from the hospital.

Florida State Troopers suspected Lane of driving impaired and later drew blood by force at the hospital. The blood sample came back from the Florida Department of Law Enforcement lab testing positive for an illegal amount of blood alcohol. The blood sample taken that night has been a major part of contention in the case and motions filed by the defense are trying to strike it as evidence. It was later revealed in a autopsy report that the victim also had been drinking. The victim’s family as well as the passenger in the crash have both filed civil suit against Lane and Dodge for damages. The civil case filed by the mother of Gerald Morelock has been settled, while the case filed by passenger Erin Derrick remains open and has been moved out of county.

Lane still faces 10 years in prison if convicted on the new charge.

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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.

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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

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Lane trial in holding pattern

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

Judge Allawas listens to State Attorney Tom Brown speak
(Viera, Florida) State Attorney Tom Brown said he has been in a holding pattern for months waiting on the test results and decision of Billy Lane’s defense attorney Gregory Eisenmenger. Judge Allawas told Eisenmenger that she expects all motions and decisions to be made by no later than June 6th and scheduled the next pretrial hearing for June 12th when she expects to set a trail date in the DUI Manslaughter case that Lane has been faced with for almost two years now.

Gregory Eisenmenger speaks with Florida Today reporter outside court room 

Eisenmenger told the court that he expects to have reached a decision on how he plans to use his expert witness within 30-45 days, sooner if she required it. “The results are back, I have not had a chance to look them over yet” Eisenmenger said to the court with his arm in a sling. I have an obvious injury and my assistant Mr. Barry is scheduled for surgery on Monday, hopefully we will be able to get this resolved as we both recuperate. Eisenmenger and Barry have not reached a decision on how that are planning on using the blood test results and expert witness for trial. There was an administrative hearing that had some unexpected issues resulting in their uncertainty. Based on these results we will determine if we plan on using Masten as a expert witness or just a consultant, Eisenmenger told the court. There is a 50 50 chance of us using him either way at this time.

State Attorney Tom Brown said that until Eisenmenger makes his decision, he has no choice but to wait. It will be based on the decision of Eisenmenger as to how we will proceed with the depositions in the case. We can not do the deposition of the witness without knowing what to ask and until we see the results ourselves we have to wait. After looking over some notes in the case, Judge Allawas reminded Attorney Eisenmenger of statements made by Ken Barry in previous hearings as to the expected time line.

Byron Morelock speaks with Billy Lane outside court house in Viera

Billy Lane, his Mother and Byron Morelock spoke outside the courthouse for some time. Byron was hoping to hear news of a trial date being set today, but was set back at further delays in the DUI Manslaughter trial related to the death of his brother Gerald Morelock. Byron and Billy have been talking about working out something positive toward what has happened, but no certain plans can be announced yet.

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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.

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More tests ordered on Billy Lane’s blood

Posted in Brevard County, Celebrity, Chopper Builders, DUI, Florida, Law, Melbourne, Motorcycle News, Motorcycles, News on April 11th, 2008

 Defense attorney Ken Barry in Billy Lane DUI Manslaughter case

(Viera, Florida) Billy Lane was in court today but remained seated behind the court divider as his defense attorney, Ken Barry, appeared before Judge Allawas in the ongoing DUI Manslaughter charge that Lane faces. The main questions Judge Allawas wanted answered today were if the results were back from the independent lab the defense was using and when she would be able to set the case for trial.

Barry told the court that his office had received oral results on the blood work and based on the results he has ordered more testing. Barry told the court that he hopes to receive the final written results within the next 7 days. State attorney Mike Brown said that pictures were taken of the blood work before it was released and his interest was to see the return of the evidence and the report so that his office could examine the results as well. Both sides of the case should have the results by April 30th at which time more will be known on the exact amount of time that will be needed to prepare for trial.

Judge Allawas set a new hearing date for 1:30 pm on May 16th at which time she hopes to be able to set the case for trial. The mass media turnout for the hearing today was large in anticipation of a trial date being set, however that was not the result of the hearing. You may remember that the Judge had also stated that the final reports from the lab chosen by the defense may not be acceptable to be used as evidence in the trial. All of these questions still remain unanswered even after close to two years since the crash that left Melbourne Beach resident Gerald Morelock dead.

Billy Lane’s custom motorcycle shop, Choppers Inc. closed its doors to the public last year and now the building is empty. The Choppers Inc. web site states that the shop was to be moved in 2008, but there has been no notice of the location of a new shop. Billy Lane could get up to 15 years in prison if convicted on the DUI Manslaughter charge.

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More delays in the Billy Lane trial

Posted in Brevard County, Celebrity, Chopper Builders, Daytona Beach, DUI, 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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