My friend Mike Odom, a fellow biker, has been keeping a close watch on the Billy Lane Case on his Blog which you can find by clicking here.
You can find some of his recent articles on the case by clicking here.
It appears that Billy Lane has hired two criminal defense lawyers to represent him in his drunk driving manslaughter case.
Some members of my blog and others visitors have asked me to comment on the fact that Billy Lane has hired two criminal defense attorneys, and whether it is allowed.
In California and in Federal Court where I am licensed to practice law, it is not uncommon for there to be two or more attorneys of record. I myself have associated in Counsel (a 2nd lawyer) in cases that I have done.
It is much easier to put on a case when you have other lawyers helping, especially at trial. The lead lawyer in a case is usually called the 1st seater, and co-counsel is usually called the 2nd seater. Two eyes and ears are in most cases better than one in complex cases.
You may remember the O.J. Simpson criminal murder case that was conducted in Los Angeles Superior Court Central. (The Stanley Mosk Justice Center) O.J. Simpson had no less than 10 lawyers on his team and he was found not guilty in the criminal case.
Everyone must always remember one thing; the United States Constitution presumes that all men or women charged of a criminal offense; are innocent until proven guilty in a Court of competent jurisdiction by a jury of their peers. Our system of justice may not be perfect, but it is the best in the world.
It is thought that it is better to let 12 guilty men go free than to convict one innocent man. That is the way our justice system works. Our forefathers came from countries that used various methods of torture to get people accused of a crime to confess to their crimes. Most people confess to anything under torture. Our founding fathers created a more fair system of justice!
The subject of this article is Billy Lane and his case; not our system of justice and its benefits or faults. This is the subject for a future article.
Getting back to the Billy Lane case; it is easy to convict the man by media reports and other out of Court evidence. However, it must be remembered that he is innocent until proven guilty in a Court of Law. It’s as simple as that. The prosecution must prove beyond a reasonable doubt, that he is guilty.
If the facts about the Billy Lane case are accurate as reported, and a Jury does convict him of killing Gerry Morelock, then I say “fry his ass.” My attitude is “Kill a Biker; Go to Jail.” We will have to wait and see.
The fact that Billy Lane has hired two lawyers does not surprise me at all. In our country if you have the money you can retain as many lawyers as you want to represent you. The Judge in the case could limit only one lawyer from presenting the case in front of the jury, or allow both lawyers to present Lane’s case. I do not presume to know Florida law; I am a California lawyer.
Billy Lane is entitled to defend himself. The U.S. Constitution guarantees it.
Therefore, I want to caution everyone; we will not know all of the facts until the case goes to trial. At that time, justice will be done one way or another. You cannot find a man guilty based upon media reports alone, because the media does not tell you everything.
There have been many innocent men whose lives were ruined by being convicted in the media Court and not a Court of Law. Do you remember that guy who was named as the suspected Olympic Bomber by the F.B.I., and had his life ruined, only to get a formal apology years later? His life is still ruined.
I will admit the facts in the Billy Lane case disturb me very much. However, I would not be much of a lawyer if I were to make a judgment about his guilt or innocence until after he is tried in a Court of Law.
By Norman Gregory Fernandez, Esq. © 2007
Welcome, my name is 
Excellent article. I wish that more people would read it and understand more about the justice system BEFORE they make comments as some have made on this case. Both cases actually.
I know a man that sat behind bars waiting for trial for 9 months. He wanted to have his day in court to prove his innocence, but the state dropped the charges just before the trial. He had lost everything he had worked for because he could not afford the high bail that had been set.
Thanks for the informative post Norm.
Mr. Fernandez,
Why would they put 2 children on the stand when I have read that the mother says she saw what happened? Is it really necesary to put those kids through that?
When you say “fry” do you actually mean the death penalty?
Is it true that the bar that served someone that has an accident can be held accountable?
Norm,
I know you do not practice in Florida, but do you have a personal opinion (not legal advice) about how long of a sentence Billy might get if convicted of the two major felonies he is charged with (mainly manslaughter)? I have seen sentences printed in the paper after convictions here in Florida with similar circumstances in the range of 7-14 years in state prison with public defenders representing the accused. Time actually served in prison here in Florida seems to range from 40-60% of time sentenced by the courts. Also, do you feel with the evidence presented by the media that it would be in Billy’s best interest to plea bargain and accept up to two years in State prison if that is offered to him? Dont get all lawyerly and weasel out on this question either lol. Thanks for your blog, I find it very interesting. I am also a notorious Sandy basher on Cyril’s blog, edited to remove bash.
Thanks again,
Hammer
Norm: Bash about Hammer edited out. The newspapers have reported that Lane faces the maximum sentence of 15 years for DUI/Manslaughter. The FHP spokeswoman has also stated the same and it has been on television. You can also goggle it on the internet. Quite frankly, a plea has not been offered to Lane. The family of Gerry Morelock apparently want him to face a jury. Mike Odom and I have discussed this case and we both think the FHP crossed their t’s and dotted their i’s. FHP made a press announcement that was aired on television and in newspapers as well that they did everything correct and that is why it took several weeks for the arrest and formal charges. The FHP also has everyone in the three cars that Lane passed on a double yellow line, speeding, drunk and without valid driving license. The cars being passed all saw Mr. Morelock’s headlight. It was still on when the emergency personel It was reported by FHP that Lane did the same thing he did in North Carolina when drunk and driving on the wrong side of the highway, speeding and not wearing the required helmet by North Carolina law, refused the implied consent to take the BAC test. Lane refused to take the BAC tests here in Florida after Mr. Morelock was killed by the truck loaned to him by Dodge. He was told that due to a death that they would obtain his blood no matter what and that was not done till 45 minutes after the accident. If I were not drunk I would do a BAC test. I am with you, we do not drink at all and ride or drive. I was trying to get to the Anna Nicole Smith article and could not get there this AM. Nobody is debating or name calling on Cyril’s site anymore so I guess Hammer has moved here. Ha!!! Have a good day Norm.
Norm, I am curious about your statement that if BL is found guilty you will raise hell. I don’t want him to be found guilty either. Why do you feel he should not be found guilty? Unfortunately everything I have read indicates he was in the wrong. It does appear that Mr. Morelock was drunk and had some problems in the past.
Billy has done so much good with his different charities as well as going on a USO tour in Germany to meet the troops. I hate that Mr. Morelock was killed. But Billy can do so many good things that can’t be done if he is in jail.
I most definitely misunderstood what you were saying. That’s why I asked the question. I am also a biker. I’ve been riding for 13 yrs. now and yes I’ve had some close calls.
I have read the statement you made “What if it was a family member of yours” plenty of times. I think “what if it was a family member or friend” of mine that was in Billy’s shoes that night. I would stand by my family or friend no matter what. I am a fan of Billy Lane and I know what he did was wrong, but I hope his life isn’t destroyed also. One biker is dead, why destroy another bikers life. Isn’t he also one of our brothers?
Oh Norm, you were so right in your most recent post. Everyone was wishing “BILLY BABY” a Happy Birthday. I wanted to puke. Mr. Morelock’s family can not wish him a Happy Birthday. Our friend Mike Odom speaks with Byron Morelock, the brother of Gerry Morelock and was told that the holidays were very difficult for them as a family with their loved one gone. Yes, we all must answer for our actions. I am looking forward to your next post on the Anna story. Fort Laudrdale has every news station in the United States as well as other countries there. My last thought of the night, Billy Lane is not one of my brothers. Yes, we will see what happens. It is going to be a ugly case and gruesome. Mr. Morelock had the right to live and Billy Lane did not have the right to drive. He should not have even been drinking. Now our new poster Iowalowrider is being nasty on Mike’s site. Seems like you have the only one worth reading now. I am done on Cyril’s site. I am shocked that his advertisers have not received complaints and said something to Cyril. It will happen. Bashing is no good. Debating is correct.
Look forward to the next article. I have more respect for you doing your blog on your own dime. Somehow that means more. Sorry that you are going to be a busy lawyer at work. I guess it is a good thing. Some lawyers have no work!! My friend said thanks for the referals. You would not believe this story. By the way anyone can google Florida Law and find out minimum and maximum sentence. Type in DUI Manslaughterin Florida. Several lawyers who specialize in DUI’s have the information on their sites. Computers are just amazing. I wish I had one when I was in college. I had to use the “World Book” and they are in antique stores now!!!
This loyalty issue confuses me. If all these brothers, sisters and fans were so loyal, the loyal thing to do would be put a stop to what so many knew to be inevitable. The loyal thing to do would have been to make it a point not to allow him to drive after the hard day of partying at the smoke out and other motorcycle events. A good point would be the recent article on this blog about letting friends drive drunk.
The loyal fans cheered Lane on as he chugged JD and drank Coors on stage. How many loyal fans asked him how he was getting home? How many were concerned that he might hurt himself, someone else or both after? Why? Because it would not be “cool” to ask him? Maybe if some of these so very loyal friends and fans had of asked, they would not have to defend his current situation.
Take this bad incident and make something out of it. Learn from it. If you see a brother, sister or friend head for his or her ride after drinking heavily… remember what happened here. They might be next and maybe, just maybe, you can stop it from happening. Do this and then you can consider yourself loyal. If you allow your friend to drive knowing they have been drinking, then you are not loyal…nor a friend.
I agree one hundred percent with Mike Odom’s comment. He is so right. Mike has reported only facts that he had proof to back up and rode many miles to get copies of police accident reports and the lawsuits. He has also I believe earned a legal degree with all the research he has dug up. It is time to quit debating Lane’s upcoming trials until they begin. For sure Mike Odom and Cyndi Bear will be there so we will get accurate reports. So true. With so many Fans, wannabees and suppossed friends, it is odd that nobody said hey BROTHER, how are you getting home? Not too many good friends were surrounding Lane. I am with you…Lane is NO BROTHER OF MINE> I will always remember Gerry Morelock. It will be a story I tell when a friend should not be driving or riding after too much to drink.
Norm: How do you deal with a JERK? There has to be a right way. I want a answer for that question. I am losing sleep over how to deal with the jerk or get rid of the jerk. You are the smart one.By the way my riend in Indianapolis said to thank you for the referals you gave her for lawyers ther. She said she was going to talk to both of them. She will be going back March 15th and can’t wait to get the ball rolling. If you could see her, you would offer pro bono work because she was just botched. Board certified sometimes means nothing…just words. Skill is where one is qualified. I would check with past patients. I checked out the doctor and asked to speak to people he did work on and made my decision on which surgeon I would use. I did well. Yes, my friend you know people all over the States. I thank you again. I am sure she will drop you a line of thanks too.
Norm: Answer for me why there is so much debate and name calling since Gerry Morelock was over the limit according to the Florida Department of Law Enforcement that his family does not have the right to sue Billy Lane or Dodge nor should the State of Florida charge Lane with manslaughter. Also, explain that Morelock had the right to be on the highway with his bike, headlights on, wearing a helmet. People seem to think that Mr. Morelock did not have the right to live because he had a drink after work. It has been said what Morelock was riding was not a bike. According to FHP it had tags, registration, insurance and is street legal in the State of Florida. I do appreciate your time answering these questions. You already have but some people just do not get it…..so maybe simple language that a elementary kid can comprehend.
No, I did not mean “JERK” in that kind of a way. Thank goodness, I have NEVER had that kind of trouble with anyone like that in my life where I would have to go to court to ask a Judge to keep them away. They have the same system in Florida. I think all State’s have adopted that system because of the OJ Simpson, Nicole Brown Simpson and Ron Goldman case. I mean “JERK” like, it has to be their way or no way, they are always right and everyone else wrong. The “Jerk” knows more than anything about everything including people who have gone to college and specialized in a field to make them a expert. A “JERK” that says the wall is green even if the wall is blue and agreed it is blue by many people. A “JERK” that resorts to name calling when someone does not agreed with them on any subject. A “JERK” that gets very angry,out of control mad and very hateful.That’s the kind of a “JERK”. Being a lawyer I am sure you have run across these kind of “JERKS” on the witness stand and they have sat in your office and looked at you across your desk. There has to be a way to get the last word in and make the JERK think. MAYBE????
Let’s say that a key fact speak for itself, blood alcohol level. Now in America we have the best legal system in the world and yes it has some big flaws. IÂ’ve sat on juries and know why defense attorneys love them, enough said about that. IÂ’m a successful business owner, college graduate, biker and have always had a problem with Billy Lane. Watch any episode of biker build off with Billy Lane in it and count the number of times you see him with a beer in his hand or next to him. Let the lawyers argue their case, Billy Lane knows what he did and will use all of his resources to minimize his penalty. If he were not a celebrity he would not be getting any public support. This situation does show the raw underbelly of the world we live in.
I think Dodge and the Bar have as much to blame as anyone — they condoned, fueled, enabled, and encourgaged the actions of their celeb. It’s obvious that Billy has a drinking problem and needs help with that — like many other people we know. Dodge exploited it. The Bar profited from it too. However, the celeb is one of the few heros for local highschool kids here in town, up there with Kelly Slater, but for the kids beachside and on the mainland. On a positive note, I’m hoping that my own boys learn the downfalls attached to drinking and driving from watching this case unfold.
A few words in Billy’s defense — he’s not a jerk. He a giving, genious person who lacked good judgement on labor day. His bike designs are mechanical artwork. He has a college degree. He has many patents. One of the first things he did when he got better known was to build an auction bike for an orphanage home in Miami. He is proud that he helped those kids out, and it was not a publicity stunt. I’m sure at the time his business could have used the 50-75K that was raised for the home. The real jerks are the people at Discovery Channel, who created the riffs for publicity. He and Indian Larry split the last trophy because they disagreed with the producer’s tactics. Now Larry’s dead and Billy might have self destructed too. The only reason the press isn’t milking this is because the same sponsors pressure them not to highlight what they have created.
I wonder how many people watched others drink at bars in Daytona last week and didn’t try to stop them from getting on their bikes?
On BL’s Myspace he says he no longer drinks. Every picture I have seen of him since the accident shows him drinking water. I saw him in Philly in January and he had a cooler of water next to him while signing autographs. Also, in the same pictures and when I saw him in Philly he seems very subdued.
He has recently cut all his hair off. It seems he has changed his life, at least I hope so.
The day after the accident that took Gerry Morelock’s life the Chopper’s Inc. website was down for maintenance for several days. The pictures of him drinking in the shop were removed. But, there are still pictures, Discovery Channel Shows, “Chop Fiction” written by Lane himself. Any lawyer worth a grain of salt would tell Lane cut the hair and work on a good image. When Lane went to court for the DUI charges in North Carolina, Rowan County, he came to court in a designer suit and had his dreadlock hair pulled back and tucked in his suit shirt. His many tatoos were covered up as well. Lawyers want their clients to look presentable and normal in court. I think it is most likely a little too late for changing his image now. It was only done after Lane caused the death of a fellow biker on a street legal bike. Has anyone thought that Mr. Morelock might not have been able to afford a larger bike. I know it took me a while to save money and I had to make payments on my Fatboy. Some people live within their means. No matter how much charity work Lane has done…..it has nothing to do with the DUI Manslaughter chages in Florida. I get angry when everyone says he beat the charges in North Carolina. He did not beat anything, Lane refused the implied sobriety tests when the NC Trooper requested them. The Judge said there was not enough evidence to convict of DUI, but indeed they suspended Lane’s drivers license. Lane refused to take the sobriety test after he caused a accident that killed Mr. Morelock. Lane’s blood was pretty much taken by force. When Lane refused the trooper told him that due to a death, they were taking his blood whether he wanted it taken or not and Lane was argumentive with the trooper till finally he was told they would cuff him to the bed and take it by force. Does not sound innocent to me. Anyway,who knows what Lane does behind closed doors and out of the public’s eyes. Mr. Morelock is dead, he had no chance with that very big dueley truck crossing the yellow line, passing three cars and speeding. Morelock did not deserve to die.
I did not say Mr. Morelock deserved to die. I feel very bad for his family and I know Billy Lane has to be punished. The size of the bike the victim was riding doesn’t have anything to do with what happened.
Could it be that BL is not a puppet and doing eveything a lawyer tells him to do? Could it be that he is changing, on his own, because of what happened?
Were you in the hospital when he was told he would be handcuffed to the bed? If not, it’s just a rumor. I have read some of the most ridiculous stuff concerning this accident (He is still riding around town, he’s having wild parties at his house, still going to bars and drinking etc.). If people have actually witnessed this stuff why haven’t they called the police?
Once again, what happened was wrong and we will see what happens in court.
I am trying to keep an open mind and not think nothing but bad things. There is already enough people doing that.
I don’t want to goof on grammar, but being a lawyer you should be careful. You write: “If the facts…Gerry Morelock, than I say “fry his ass.” It should be “then.” I believe you are using “then” as an “if something occurs, then this result” as opposed to a comparison like “Jan is taller than John.”
Thank you for the opportunity.
What, if anything is going on here??
I believe that mr Fernandez hit it right on the head. Wait till the facts are in, and let B.L. let have his day in court. If guilty, throw the book at him; if not, all you
people need to chill out. Also, as bikers we have a resposibility to look after
“our own”. If you see a brother that has had a few(no matter what he or she is
driving), TAKE THE KEYS!!! I would pose a question to his so called freinds at
the time, what the heck is wrong with you all that you let this happen? prayers to
the Morelock family, and Billy. Hope you all find peace.
Please, there are so many of you sycophants out there that it makes me sick.
Just because the guy’s “cool” with lots of tats doesn’t mean he should get a pass for killing this guy.
He’s had prior DUI and he should get nailed for screwing up that guys family.
Hi Norm I have read your article and its the same in the UK you are innocent until found quilty and I dont think we have seen all the evidence. I am a biker and have riden for over 40 years and as far as I am concerned drink and bikes dont go together, I have read today that they are saying that the guy who was killed was over the drink limit as well, surely this must have some bearing on the case, I visited billy’s store the week before last but its all closed up, there were a couple of guys working in there but the store is no longer open other than bike week or biketoberfest. It sure is a sad story whether he is a celeb or not a guy lost his life and my thoughts are with his family, I still think there is a lot more to the story that we have not heard.
Kindest rgds
Dave harrison Kettring UK
WOW im in shock to say the least. I did not know Billy was in trouble again. I find this very very sad. My thoughts and prayers go out TO Gerrys family. I hate to see another GOOD MANS life wasted when it does not have to be. Billy is a really great guy with so much talent. He is a very smart and highly intelligent.But i find it very sad that a man with all that could make such bad choices.Not to long ago, i guess he got caught at the airport with a gun he forgot he had. Not sure what came of that.Well i hope he comes out ok on this and he really takes some time to figure out just what is important and what is not. Well nothing can be done for Gerry, just alot of support for his family and alot of prayers for them. But for Billy there is alot that can be done and there is always hope that he gets all the help he needs and turns his life around and does not keep making the same mistakes again and he truly learns from all of this.At the end of the day he has to be the one to make the changes and be able to look his self in mirror and love or like what he sees. Norm, sorry if im ranting. We were just talking about Billy the other day,as to say we had not heard anything about him in awhile. So i thought i would look or goolge him and see what has been going on with him. So i came about your site by accident actually, but im glad i did. this is june 08 anything new on this case that you know of. Im from Lousisana and never heard about this and im just speechless. thanks so much for keeping us all up to date.
How stupid can one be to go to the airport and forget that they have a gun? This got past the blog writers and newspapers as well. Heard it first here on Bikerlawblog.com.
Unfortunatly I think this neanderthal half wit Lane will probably get off easy.
People like him are just plain Oxygen theives.
I agree.
after reading all the comments above, i can’t seem to understand what you people are thinking. (not you norm) innocent until proven guilty is the presumption. but i was there that night and was forced to leave my bike at a beach access and walk within 10 feet of gerry’s dead body.(or turn around and ride to wabasso.. an extra hour i might add) this is a small community and everyone knew what happened within minutes of the collision. come on…is this guy trying to deny he is guilty?? is that what attorney’s are for? his attorney’s should be trying to get him the least sentence possible….but that man is guilty and should suffer the consequences. celebrity or not, biker or not, lane (apparently) killed a human being and thought that by cutting off his dreads he would look more innocent. he should be given the FULL extent of the law and if somehow, someway he is able to convince 12 of his peers that he is NOT guilty, then i’m sorry but we surely don’t live in the country norm speaks about being the best in the world. and as for oj… no one thinks he is innocent either…but money can almost surely buy you anything. (except a clear conscience) sorry for the grammer.. on dinner break and in a hurry.
I just wonder when the heck this dude will get his day in court!!! The judge who is over this case is up for re-election. I can’t believe it has been nearly two years. I agree with the person who said Lane’s haircut is not enough. Guess Lane has quit the AA meetings and church. If a court date is ever set and the trial starts it will take a act of God.
The judge is up for re-election. Will this make a reason for another delay if this judge does not get voted back in office???
I agree with your words mike, by reading all these i understood about justice,always good person will definitely be saved,like wise your friend also, i understood that with out knowing all the facts we can’t tell person as accused, what we hear are not true, no one can be guilt based on media reports, and need not feel guilty for such things and feel bad.
………………………………………………..
Johnson Mathew
Dui In California
Any update ? I thought he was supposed to be brought up before the judge this week.
Billy, You have done exactly what I would do, drag this out as long as possible! Make every chance possible for evidence loss or mis-handling. FHP actually did their job on your investigation, so it will be tough to find legal mistakes in proceedure. The problem is your alcohol related history, good news is Florida had noth suspended your license and you could argue all day about “not-knowing” your license was suspended. In all likelyhood you will be found guilty if held in Central Florida, ask for a change of venue right away…such as Ocala. I would file this motion 30 days prior to the next court date, further elongating the process, time extended is on your side. Continuance is a friend when you want to stay out of jail! If convicted, appeals could be a friend as well, you could still remain on bond and argue that the circut court accepted tainted evidence. The more the blood eveidence is tampered with, analyzed, and darn right messed with, the better an argument on appeals. The longer you can wait and hold out, the more likely a jury will have forgotten about what happened and lead to a hung jury. Use your “bike experience” to plead with the jury as a man that is compassionate and truly sorry, relate to all the times you have nearly been killed on a bike. Talk about your battle with the bottle and how you have changed. After all, this was an accident and the deceased had a beer in him too, argue this until you’re blue in the face. We all drink and drive, those who deny it are liars, I should be you as I have driven and ridden just plowed. I donÂ’t do it so much anymore because I am scared to death of getting caught, but keep up the stalling and legal arguments. Nobody wants to go to jail, it sucks for “normal” people to be jailed. I went crazy after 28 hours after my DUI! Just get out of it any way you can, right? For as much advice I have offered you can’t hide from it and I will tell you this. You will get 10 years, 3 will be suspended, and 90 days off for being a model citizen. But I will tell you what, I have absolutely no right to judge you…I quit drinking and driving after my brother was sentanced to 22 years in California for killing a man in Huntington Beach, only .09 in his blood stream…but enough to wreck his life. One of those “normal” guys that has served 4 years now and has become the worst person I know.
Watch the 25th Hour and you’ll want to flea to Europe, Mexico, go anywhere but to jail.
Steve, Daytona Beach. Watch
The last I heard, the Prosecution and Defence were in plea negotiations. Prior to that the Prosecutor had stated he would not accept any plea for less than 10 years in jail.
If both statements are true, Billy will probably receive 10 years or something real close to it in exchange for his guilty plea.
I feel sorry for Billy, but I am even sorrier for his (alledged) victim.
Like they say, don’t do the crime……..
hello,,,,
This post has 1 feedback awaiting moderation…
Every other alcoholic person should really take Billy Lanes experienced to limit their being alcoholic and just be guided.
Thanks for your comments Mike. I have heard many horror stories about innocent men being convicted of crimes. Hell, they are on the news, i.e., man gets released after DNA proves his innocence after spending 20 years in jail!!
In the Billy Lane case we will have to see what happens.
Norm
When I say “fry” I mean to punish a person to the full extent that the law allows for a given offense.
In some cases there may be mitigating circumstances for not frying a person! By mitigating, I mean reasons not to impose the maximum punishment for a certain offense.
In a case where someone gets behind the wheel of a truck drunk, without a valid drivers license, and kills a biker, they should be fried if convicted!! There are no mitigating circumstances to excuse the conduct!
As far as putting children on the stand; in California there are rules pertaining to children testifying. I am not going to go into those rules on this comment; there is way to much to discuss on this issue.
I am not aware of children being witnesses in the Lane case. You just gave me a good idea for a future article.
Update on the Bar issue:
Yes, a bar could also be held liable at least in California under negligence theory for serving drinks to a patron that they know is drunk, and then allowing that person to drive. These types of laws are called Dramshop Acts. You gave me another idea for a future article!
Thanks,
Norm
Hammer,
I removed the Bash from your post. On this Blog I won’t allow bashing. But I will allow civil disagreement and debate!
By the way, I have used to have a club brother named Hammer a few years back. Have you ever ridden in California?
To be frank, I have no clue what Lane is facing with respect to jail time in Florida. I will ask a few of my Florida lawyer friends if they have an opinion on this question.
With respect to evidence presented in the media; it is possible that the potential jury pool could have been biased or influenced by the media reports in this case. But then again, O.J., and Robert Blake faced much worse media attention and they were found innocent!
I would advise a client to accept a plea bargain based upon the prosecution evidence and the quality of evidence for a defense. I do not know what the D.A has as far as evidence in this case, nor do I know what the Defense has as far as evidence in this case.
I would say this, a plea bargain is a guaranteed sentence, rather than taking a chance at trial of being found guilty, and then facing the Judge for sentencing which would most certainly be more harsh!
At least in California sentences tend to be less if you plead guilty or no contest, than if you plead not guilty and are then found guilty by a Jury.
If Lane does cop a plea bargain, he would then be a convicted felon and face probation after doing his time. If he screws up during the probation that would cause him even more troubles.
We will have to wait and see what happens in this case.
In closing I will say this; don’t drink and drive or you could be facing a nightmare like this. Imagine the nightmare that the victim’s family is going through as well. I am not saying anything about guilt or innocence only the ramifications of what has been reported in the media.
Norm
Sandie, Hammer, and everyone else. On my Blog I will not allow personal attacks on posters or members. I will only allow civil discussions of the issues. It is OK to disagree on a topic but not do post personal comments about posters.
Now Sandie is a member of the Blog, Hammer is a visitor. I tend to give members more credence because they take the time to register as members and post comments.
Everyone can have a voice hear so long as they do not resort to personal attacks on each other.
Sandie with respect to your post, it will all come out at trial one way or another. A plead deal is up to the People (DA) and not the family. If the DA does not offer a Plea Deal then so be it!
We have all read the facts in the press. In the end Lane will have his day in Court, a Jury will decide his guilt or innocence, and if he is found guilty a Judge will sentence him. I am going to reserve judgement until the jury makes it’s decision. If it comes back guilty than I will raise hell. If it comes back innocent than I will take a look at the evidence that was presented at trial before I comment.
In the end, I feel for Gerry and the Morelock family for their loss. If Lane is found guilty then you can bet you ass that I will be amongst the many in the biker community that will speak our mind. Until then we have to wait.
With respect to your posting problems on the Anna Nicole Smith article, I think that maybe there was a temporary problem with the server I hope. It should be working now.
By the way, I had an ex parte hearing on 2/20/07 in department 2 LA central in the same department that they were doing an ex parte hearing on the Anna Nicole Smith case. I talked to the reporters. I will do another story soon!
Norm
You have misinterpreted my comments. If he is found guilty I will do everything in my power to push for the maximum punishment possible! Kill a biker go to Jail!! Gerry Morelock was a biker the day he was killed riding a street legal scooter.
That is what I mean by raising hell.
I want whoever is responsible for Gerry Morelock’s death to be held to account. If it is Billy Lane than so be it! If it is the pope than so be it. Gerry Morelock may have been drinking but he was not responsible for a cager crossing a double yellow line and killing him.
I ride my motorcycle on the streets. It could have been me that was killed that day or any one of a thousand bikers. We are being slaughtered on the streets by cagers who flat out do not respect our rights to share the same road. I get daily reports about motorcyclist being killed by idiots who are not paying attention.
If any man or woman chooses to get drunk and get into a truck without a license and kills someone he or she must face justice. What would you think if it was your husband, boyfriend, brother, father, or a friend that was killed instantly because some idiot decided to get drunk and get the same treatment Gerry Morelock received? Think about it. How would you feel then?
I am sure that Billy Lane has done charities, I am sure that he is a cool guy. If he is guilty of what he is being charged with that he is not cool in my mind. A cool dude does not get drunk and kill someone; especially a biker. Gerry Morelock did not even have a chance. He is dead due to no fault of his own. I am a biker and face the same risk’s that other bikers do on the roads on a daily basis.
Everyone in this life has choices. If you choose to pull a trigger on a gun then you must face the ramifications of your actions. If you choose to drink and drive and then kill someone than you must face the ramifications.
This is how an organized society exists. We are a nation of laws.
Norm
To be frank I have not thought about the family of Lane at all, only the family of the decedent Gerry Morelock. I am quite sure that Lane’s family is suffering too but at least they still get to see him.
At this point right now I think everyone needs to wait and see what evidence comes out at trial, and what determination is made as to his guilt or innocence. We can debate all day back and forth but it will not make a difference until a Jury makes a determination after hearing the evidence.
I have said somewhere on one of my comments, in one of my articles about the Lane case, that if he were my friend or brother, that I would defend him to the best of my ability, but I would never think about him the same if he were found guilty of killing a biker in a cage. This is not something that I can personally ignore because I relate to the biker who was maimed or killed. Billy Lane happens to be a biker; but he was a cager on the day of the accident.
Being loyal to a friend or brother is not the subject of any of my articles. That comes from within your own heart. There is nothing wrong with being loyal to a friend, brother, or fan. I see it all the time in Court. One side always loses. Both sides usually always have friends or family supporting them. Loyalty to friends, family, or even fans is a human condition. There is nothing wrong with loyalty.
You say one biker is dead, why destroy another bikers life? Would you say the same thing if Lane or anyone else killed the biker with a gun by willfully and wantonly shooting it at a crowd? What is the difference between shooting a gun in a wreckless manner in the direction of a crowd, or driving a multi-ton truck over the double yellow lines drunk? In both cases you either know or should know that you could kill someone by doing so, and it is reasonably foreseeable that you could kill someone by doing so. That is why Lane is on trial. A car or truck can also be a deadly weapon if not used properly, just like a gun, knife or other instrument.
In the end we will have to see what happens.
No Billy Lane is not one of my brothers.
Norm
I know one of Gerry’s relatives has posted comments on my blog as well. I am one of my extreme work periods right now. My calendar for March is a nightmare. I will attempt to write a new article very soon. Obviously work comes first.
I appreciate your support of my Blog.
As far as Lane and his supporters and fans; even Charles Manson has fans! Again, I will not judge him until he has his day in Court.
With respect to advertisers; I have had offers from a bunch of major motorcycle vendors to advertise on my Blog. I for now have decided that I will not cater to advertisers. I will cater to the public on my own dime. That way I can write what I want without any outside influence or interference.
My view on advertisers may change in the future. But I will still write what I want no matter what.
Norm
Your comment says it all Mike!
Norm
It is simple, he was in violation of the law too. However, at least in California the fact that Morelock was drunk would not matter, because it did not contribute to the accident.
I had a case where a drunk lady, (my client)had 4 kids in the car, and was rear ended by a guy on the freeway. She obviously did not die. The Police took her to jail for drunk driving, and her relatives came and picked up the kids.
She paid the piper for being drunk, but her being drunk was not a factor in her being rear ended. I obtained a substantial settlement for her against the guy who rear ended her!
The issue is that Gerry Morelock did not contribute to the accident, that is why his family can sue.
In wrongful death cases, the victim and the plaintiff (family) are always attacked as a part of the defense. There is no one else to attack and the dead cannot speak for themselves. It happened in the OJ case, it happened in the Robert Blake case, and it happens in 100’s of wrongful death cases everyday throughout the nation.
In this case I would expect the defense (Lane and Dodge) to attack the victim because that is their only viable defense. They will attack liability and damages. I do not purport to know Florida law but I am sure it is the same.
I hope this helps,
Norm
You need to provide more information on what context the “jerk” is messing with you. If you are in imminent fear of bodily harm, or are being threatened or harassed, I am sure your state has a method by which you can file a police report and obtain a restraining order.
In California you simply walk into Court, fill out the papers, and see a Judge the same day. A noticed hearing is later held to determine whether the restraining order should be continued for a period of time.
Tell you friend I wish her the best.
Norm
I don’t deal with Jerks unless I have to. On a professional level sometimes you have to do what you have to do.
In my personal life I don’t have time for jerks!
Norm
The problem is that we do not really know the real facts until there is a trial. Believe you me I am not condoning anything here. If Lane did what he is accused of then screw him.
But he along with everyone else in this nation is innocent until proven guilty.
You are right about the celebrity part. It seems to me that celebrities tend to get away with things that average citizen’s don’t. It is BS in my opinion.
Norm
If I was his lawyer I would be telling him to do exactly what he is doing with the charges and time that he is facing.
We will see what the outcome of the trial is. If he is found guilty of killing Morelock than whatever will be will be.
Too bad Morelock does not have a chance to change his life. He is dead.
Norm
You are right Abigail. I have no actual first hand knowledge about anything in this case whatsoever. This is why I say let’s wait until Lane has his day in Court.
I can tell you this; I am quite positive that Lane is following the advice of his lawyers.
Norm
Two lawyers for two trials (double jeopardy), both criminal and civil wrongful death. HereÂ’s some relevant points that no lawyer (except DUI specialists), cop, MADD nutter (aka cops) nor Media Mobster will ever admit. (1) BAC/BAT scores are never valid for crash victims, due to internal injuries mixing intestinal alcohol with blood alcohol, and a rising score as alcohol is digested after the crash. So the test score at the time of the crash might be 20% of the test score, even without internal injury. Dead victims can only get an accurate test when blood is drawn directly from the heart, which is never done. (2) “Alcohol” machines never test for alcohol, and are never guaranteed by the manufacturers to test for alcohol. (3) Driver licenses are voluntary civil contracts extorted at gunpoint by police state death squads, thus are invalid, thus no court has jurisdiction for traffic citations, including “driving on a revoked or suspended licensed”. Driver licenses can only be required for commercial drivers “for hire”, such as truck drivers and taxi drivers. Every person has a Constitutionally guaranteed God-given Natural right to travel by any mode of transportation, including driving cars or riding deadly horses. Scooter riders donÂ’t need driver licenses in 50 states. FAA does not require pilot licenses for ultralight pilots in 2007. (4) Insane DUI laws result in crash victims prosecuted for first degree murder, which carries the death penalty or life in prison in NC. (5) The so-called “legal limit” for so-called “blood alcohol” is 0.00% (ZERO POINT ZERO ZERO PERCENT). This is true in all 50 states, as published in govt driver license handbooks. THERE IS NO PASSING SCORE FOR BLOOD ALCOHOL. 2 airline pilots in Florida were sentenced to 5 years in prison for the “DUI crime” of drinking coffee in the airport. Likewise so-called “field sobriety tests” also have no passing score, and stone cold sober cops can never pass such a test in a court room in front of a jury. You can drink 24 beers in 24 hours and have a 0.00% BAC/BAT for all 24 hours, according to all driver license test books. (6) So-called alcohol “rehab detox” loony bins actually increase the rate of alcoholism, addiction, overdose, suicide and murder, due to rampant medical malpractice, and are mere police state death camps used to loot insurance funds. (7) Medical doctors are the leading cause of death in USA, murdering over 2.5-million US citizens every year, with immunity from arrest. How many crash victims survived the crash, to be murdered in death camps, with the deaths statistics then blamed on “drunk drivers”? (8) Illegal alien felons murdered over 40,000 US citizens in USA since 9/11/2001, often by DUI homicide, yet police sell them fake ID “driver licenses”, and refuse to arrest and deport them during traffic stops. (9) Every prisoner in jail costs taxpayers $50,000 a year, destroys the “offenders” family and business, destroys the business economy, and prevents the “offender” from paying restitution to the victim. So keep these thoughts in mind when demanding that police state death squads take all your Constitutional rights at gunpoint.
You are right Greg and thanks for catching the error! I use Dragon Dictate Version 9. It sometimes makes weird mistakes, and I do not catch them all.
Thanks,
Norm
I am on vacation Sandie. I will be back in a little over a week!
Norm
Thanks for the info Sandie!
Norm
It sometimes takes a long time for a defendant to face justice. With respect to a Judge being up for re-election it is not supposed to matter. But we all know that it does!
Norm
I have not heard anything.
Norm