CALIFORNIA: Death row appeal statement forged, D.A. says

San Francisco Chronicle ^ | 2/7/6 | Bob Egelko

[SmithL]

Morales' roommate says she did not withdraw testimony.

Prosecutors opposing clemency for Michael Morales, scheduled to be executed Feb. 21 for the 1981 murder of a young woman near Lodi, accused his lawyers on Monday of fabricating a statement by a witness that purported to withdraw her trial testimony against Morales.

In papers filed with Gov. Arnold Schwarzenegger, San Joaquin County Deputy District Attorney Charles Schultz called the document submitted by Morales' lawyers last month "an outright forgery" and said it showed that none of the assertions in his appeal for clemency were believable. They backed up their claim with a sworn statement that they said the witness had signed.

Prosecutors also dismissed the recent endorsement of clemency by the judge who sentenced Morales to death, saying he seems to have forgotten most of the evidence against Morales.

There was no immediate comment from Morales' lawyers. His clemency petition was filed Jan. 27 by David Senior, his longtime attorney, and Kenneth Starr, the onetime Whitewater special prosecutor who is now dean of Pepperdine University Law School.

Morales, 46, of Stockton, was convicted of raping and murdering 17-year-old Terri Winchell in January 1981. She was choked from behind as she sat in a car, then beaten on the head with a hammer and stabbed with a knife. In Monday's filing, Schultz said Morales raped her as she lay dying from the hammer blows, then stabbed her to make sure she was killed.

Morales said he was enlisted by his cousin, Ricky Ortega, who had learned that Winchell was having an affair with Ortega's male lover. Ortega, tried separately, was sentenced to life in prison.

[SmithL]

Tookie Morales and the Lying Lawyer!

[jazusamo]

Sounds like his attorneys are flirting with disbarment. If story is true, they should be.

[BenLurkin]

Forged? Ken Starr?

Wow!

[USS Alaska]

There was no immediate comment from Morales' lawyers. His clemency petition was filed Jan. 27 by David Senior, his longtime attorney, and Kenneth Starr, the onetime Whitewater special prosecutor who is now dean of Pepperdine University Law School.

I never liked the ball-less Starr. He had klintoon and could have prosecuted the beast on perjury charges, lying to the grand jury, and let them both walk. If this is true, disbar him.

[goldstategop]

There's something touching about defending a child murderer and rapist. Who has a word to say on behalf of the poor child? Its all about what the murderer wants. Hey, if he wanted to live, he simply should not have committed the crime. DUH

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

[Hound of the Baskervilles]

"He had klintoon and could have prosecuted the beast on perjury charges, lying to the grand jury, and let them both walk. If this is true, disbar him."

Pffft. Come on. This is all theater. Ken Starr is brilliant and he would never knowingly submit false papers to a judge. Use your common sense (if you have any.) And please what is with calling Clinton, klintoon. It's not funny, it's not clever. It's just lame and juvenile.

[Howlin]

Precisely.