Morgan's attorney files PCRA petition - Clearfield Progress

Morgan's attorney files PCRA petition Tuesday, July 05, 2011 Clearfield County Judge Paul E. Cherry recently conducted a hearing on an amended Post Conviction Relief Act petition filed on behalf of a former Patton woman who, while driving through Mahaffey Borough in 2007, struck and killed two pedestrians. Bobbi Jo Morgan, 26, presently incarcerated in prison, was represented by her court-appointed attorney Jeffrey DuBois during the proceedings. The amended petition was filed in May by DuBois after he was appointed by the court in 2010. Morgan was found guilty in June 2008 of two counts of homicide by vehicle while driving under the influence, two counts of aggravated assault by vehicle while DUI, two counts of homicide by vehicle, two counts of involuntary manslaughter and several summary offenses. She was ordered to serve an aggravated term of 10 years and eight months to 34 years in state prison on two counts of homicide by vehicle while DUI and two counts of homicide by vehicle. According to the affidavit of probable cause, in July of 2007 Morgan was on her way home from the methadone clinic in Clearfield when her vehicle left the roadway in Mahaffey and struck Bertha Kitchen, 63, who was pushing her granddaughter, Samantha Kitchen, 3, in a stroller. Both died as a result of their injuries. The initial point was that the DUI was improper as the meds were prescribed as Morgan was convicted for a drug conviction while DUI. The commonwealth stated that there is no exception or defense for having a prescription. The court agreed with this understanding and asked the defense to provide case law with briefs. At the jury trial, evidence was introduced to show she had a mixture of drugs including methadone, benzodiazepines, diazepam and nordiazepam in her system. The commonwealth then asked to strike the broad allegation in the PCRA that trial counsel, Brian Manchester, was ineffective. The concern of Morgan was that counsel failed to produce sufficient evidence concerning the location of the victims on the road. The commonwealth called it a farce because all of the eyewitnesses testified as well as a reconstruction expert. The Commonwealth stated that all the witnesses testified and the defense fully cross-examined them at trial. The last issue raised was that the charges should merge. The commonwealth stated the law is clear and that the homicide by vehicle while DUI does not merge with the homicide by vehicle as obviously the counts were for different victims. Morgan's attorney stated that he has not had the opportunity to review the trial transcript and fully discuss issues with the trial attorney. The defense has 10 days to comply with the statute and provide the commonwealth with more specifics. The defense shall supply the court with appropriate letter briefs no later than July 18 and the commonwealth shall file a responsive brief no later than July 25. A hearing in response to the initial PCRA is scheduled for Aug. 9.

Source: http://theprogressnews.com/default.asp?read=27411

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