Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, June 16, 1993 TAG: 9306160183
SECTION: VIRGINIA PAGE: C-5 EDITION: METRO
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
The three-judge panel ruled that Nottoway Circuit Judge Thomas V. Warren's suspension of Morrissey "is not authorized by constitutional or statutory law."
A grand jury indicted Morrissey on June 4 on five felony counts. The charges include bribery, perjury and misuse of public funds.
As a condition of Morrissey's bail, Warren last week suspended the prosecutor until after his trial. The appeals court ordered Warren to draft a new bail arrangement that allows Morrissey to resume his duties.
The appeals court said Morrissey must not fire any potential witnesses and must refrain from discussing his case with employees who may be called as witnesses against him.
The court ordered Morrissey to appoint a subordinate to work with the state police on other cases. A special prosecutor had argued Monday that state police could not seek the counsel of someone they were investigating.
The prosecutor failed to convince the court that Morrissey's suspension was proper on grounds that he might coerce or intimidate employees.
"It is clear from the record before us that the concerns . . . can be addressed by conditions of bail which are less drastic than suspension of a constitutional officer from his duties," the judges wrote.
Morrissey's lawyer, Gary Hershner, said, "I'm glad we won. I expected the win because there was no authority for having done what was done in the case."
Morrissey lost a Democratic primary to David M. Hicks four days after being indicted. He has 6 1/2 months remaining in his four-year term.
by CNB