Update:
Bike builder Lane avoids lawsuit questions
BY KEYONNA SUMMERS
FLORIDA TODAY
A Brevard Circuit judge Monday upheld motorcycle builder Billy Lane’s refusal to answer questions in a civil case filed by the family of his alleged drunk driving victim because those answers could influence the criminal case against him.
“Our thought was that he very well could have not invoked the Fifth (Amendment) and made things easier,” said S. Sammy Cacciatore, attorney for victim Gerald Morelock’s family. “We were trying shortcut things (and) get some basic things admitted from him. But if he won’t, we’ll call witnesses and prove it up and show how bad his conduct was.”
Lane, 37, faces 15 years in prison if convicted of DUI manslaughter in connection with the Labor Day crash, in which, police said, Lane crossed a double-yellow line and hit Morelock’s mini-Yamaha motorcycle.
In the civil suit, Lane has refused to say whether the accident took place or whether anyone died as a result because those are elements that prosecutors must prove in the criminal case. He also refused to say when or where he met Erin Derrick, the 22-year-old passenger in his Dodge pickup the night of the crash, or what they were doing immediately before the crash.
“The circumstances under which they met could definitely be a link in the chain of evidence,” said Gregory Eisenmenger, Lane’s criminal lawyer.
Judge John Dean Moxley Jr. agreed, saying the state must prove any negligence by Lane in court.
Lane’s attorneys said they will disclose Lane’s prior driving citations — including one in which North Carolina authorities in June charged Lane with driving a motorcycle while intoxicated and revoked his license after he refused to take a breathalyzer test — because Lane no longer faces a revoked license charge in Florida.
Lane was cleared of the North Carolina charges in October.
Brevard prosecutors could not pursue the suspended license charge, initially filed by the Florida Highway Patrol, because North Carolina authorities never reported Lane’s refusal to take a breath test to Florida, which would have suspended his Florida license for a year, said State Attorney’s spokeswoman Lynne Bumpus-Hooper.
The FHP also charged Lane with a DUI causing serious bodily injury charge, but Bumpus-Hooper said Derrick, the passenger, declined to pursue charges against Lane for her injuries.
Florida law allows prosecutors to proceed without the woman’s consent, though it is unlikely they will do so, she said.