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[laylonlor]

whats new with his case these days, hav'ent  heard any thing in a while

[SOKOOLJ]

Did a quick search, looks like no new developments, etc.

[RedFXR2]

Haven't been here in a while.  Civil suit's been settled.  Criminal case not scheduled yet.


http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20070727/BREAKINGNEWS/70727026


July 27, 2007
Settlement reached in suit vs. Billy Lane

BY KEYONNA SUMMERS
FLORIDA TODAY
 

Billy Lane. The settlement came 10 months after Morelock's mother sued Lane, 37, and DaimlerChrysler -- which provided Lane with the Dodge pickup truck he was driving -- over the fatal crash in which police said Lane crossed a double-yellow line and hit Gerald Morelock's mini-Yamaha motorcycle.


DaimlerChrysler, chopper builder Billy Lane and the family of a Sebastian Inlet park ranger killed in a Labor Day accident that police say was caused by drunk-driving have reached a confidential settlement, the deceased man’s family said today.

“We would like to personally show our gratitude and heart-filled thanks to all of the people throughout the nation that have showed us their support, love and caring,” Byron Morelock, brother of Gerald Morelock, said in a statement signed by the family.

“My family may not have made it through these hard times if it wasn't for your caring and sympathy,” he said.

The settlement came 10 months after Morelock's mother sued Lane, 37, and DaimlerChrysler -- which provided Lane with the Dodge pickup truck he was driving -- over the fatal crash in which police said Lane crossed a double-yellow line and hit Gerald Morelock's mini-Yamaha motorcycle.

The suit alleged Lane, who police say had a blood-alcohol level of .192 the night of the accident, and DaimlerChrysler, which the family said used Lane's fame to advertise its vehicles despite prior driving citations on Lane's record, were liable for auto negligence.

Byron Morelock said it took about 10 hours of “grueling” debate Monday before an agreement was reached. No details of the agreement were made public.

Lane still faces a criminal trial in which he could be sentenced to a maximum 15 years in prison if convicted of DUI manslaughter.

A trial date has not been set.
________________________________________
Read more about this story in tomorrow’s FLORIDA TODAY. Contact Summers at 242-3642 or ksummers@floridatoday.com

[laylonlor]

http://www.cyrilhuzeblog.com/2007/07/16/billy-lane-criminal-case-delayed/

[RedFXR2]

http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20070818/NEWS01/708180321/1006

August 18, 2007


Lane trial may start later than expected

Lawyers hope to exclude blood

BY KEYONNA SUMMERS
FLORIDA TODAY
In a trial not expected to start until early next year, lawyers for Billy Lane hope to exclude blood evidence that prosecutors contend will prove the motorcycle builder was at fault in the head-on Labor Day crash that left a motorcyclist dead.

Police say Lane, 37, had a blood-alcohol level of 0.19 -- more than twice the legal limit -- when his truck crossed a double yellow line on State Road A1A on Sept. 4, 2006, and struck Sebastian Inlet park ranger Gerald Morelock's motorcycle.

Prosecutors charged Lane with DUI manslaughter in connection with Morelock's death. He faces 15 years in prison if convicted.

On Friday, Lane -- sporting a khaki-colored jacket, jeans, hiking boots and a new short, cropped haircut -- made an unexpected appearance in court with his attorneys, Gregory Eisenmenger and Robert Berry.

Eisenmenger told Circuit Judge Meryl Allawas he has arranged for an expert to view blood evidence gathered last year by the Florida Highway Patrol by Aug. 31.

Regardless of his expert's opinion, he said his team has identified some "issues" with the blood samples, and he expects to submit a motion to have that evidence thrown out by Allawas' Sept. 28 filing deadline.

"Our expert has outlined two possible scenarios for us in regards to the (blood) kit," Eisenmenger said. "Until he reviews that, it is difficult to say" what kind of motion will be filed. One possibility is to request that the samples be retested.

Prosecutor Tom Brown said he also may file more motions or interview more witnesses based on Eisenmenger's conclusions.

Allawas said she anticipates the depositions and subsequent hearings to push the trial date back to about early January.

The next hearing in the case, a pretrial conference, is set for 9 a.m. Oct. 10 in Viera.

Contact Summers at 242-3642 or ksummers@floridatoday.com.

[RedFXR2]

--------------------------------------------------------------------------------

http://www.floridatoday.com/apps/pbc...D=200770817006

Billy Lane to stand trial in 2008

BY KEYONNA SUMMERS
FLORIDA TODAY
VIERA -- Motorcycle builder Billy Lane likely won’t go to trial in connection with a DUI manslaughter charge until early January, a judge said today during a status hearing.

Police say Lane, 37, had a blood-alcohol level twice the legal limit when his pickup truck crossed a double yellow line on State Road A1A and struck Sebastian Inlet park ranger Gerald Morelock’s motorcycle last Labor Day, killing him.

Prosecutors charged Lane with DUI manslaughter in connection with the death. He faces 15 years in prison if convicted.

Today, Lane made a surprise appearance in court beside his attorneys Gregory Eisenmenger and Robert Berry, who said they were still preparing to go to trial.

Eisenmenger told Circuit Judge Meryl Allawas he has arranged for an expert to view blood evidence gathered by the Florida Highway Patrol by Aug. 31.

Regardless of his expert’s opinion, he said he expects to file a motion to suppress blood evidence by Sept. 28 -- a move Allawas said will likely spark the filing of other motions and witness depositions, and push the trial date back to next year.
The next hearing in the case is set for 9 a.m. Oct. 10.
__________________

[mr_magoo]

Guess thats why you get a good attorney to tie it up,  shame for the poor family.

[SEEG Geezer]

I agree......I really feel for the family of the gentlemen that was killed. This case is going to take a long, long time to come to any conclusion. It's a sad, sad case.

[RedFXR2]

Latest in the "get Billy off the hook" project:


http://www.floridatoday.com/apps/pbcs.dll/article?AID=2007710030352

“Lawyers for motorcycle builder Billy Lane contend failure by police to refrigerate blood samples may have sparked bacterial growth that resulted in a false high blood-alcohol level reading against their client.”

[ccr]

Latest in the "get Billy off the hook" project:
...

Mike, this is getting more and more ridiculous all the time.   

[VaEagle]

Interesting argument about the blood storage but I found out by checking with a Chemestry section of a hospital lab and they state it would have the reverse effect.
Unrefrigerated blood storage in the type of tubes used for BAC testing would have the bacteria (If present) use the alcohol as a food source and in effect the BAC would go down over time NEVER increase.
So in effect at the time of blood being drawn it was over the .19 or whatever was reported if there was any bacteria to feed on the sample.

[RedFXR2]

Lane has hired good lawyers, not biologists or chemists.  IMO, his lawyers are trying to confuse the issue, who cares what's factual.  I'm sure that at the trial, they'll trot out their own "experts" to claim all sorts of things were done wrong by the authorities.

Frankly go ahead and throw the blood test out.  The fact still is that Lane was driving the truck, Lane had a suspended license at the time, Lane passed other traffic illegally on a double yellow line, and Lane hit another guy head on and killed him.  Not even Lane's lawyers are denying any of that.  If anything, doing all that (presumably, but we all know better) stone cold sober might even show worse judgement on Lane's part.  Are they going to say that doing all that while sober is better than doing all that while drunk?  I wonder if the legal penalties are lighter for sober driver manslughter than DUI manslughter?  Maybe that's their strategy.

[edit--to answer my own question]

I appears that under FL statues, vehicular manslughter/homicide, DUI or not, carries the same penalty:



Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).


DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).


Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).


Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).