Friday, March 18, 2011

Comment In Case Of Accused Child Rapist Casts Doubt

Anonymous said...
Sarah, be truthful, after all it was you who threatened to have these charges brought up if mr morrison did not break the law by returning the children that cps had taken from you because they found you unfit and addicted. and by the way mr morrison was physically in Iraq during part of the times these attacks took place in the usa. This is up to a Jury now.

March 18, 12:36 a.m.

Waco - Jurors will likely hear defense testimony contradicting at least some of the indictments against an accused child rapist who will go on trial Tuesday, March 22, in 19th District Court.

A midnight tipster left the comment cited above on “The Legendary” blogspot. It alleges that accused child rapist Benjamin Morrison was physically located in Iraq on active combat duty with the U.S. Army during some of the time the alleged 8 aggravated sexual assault offenses took place against a female child of 14 years of age or younger. Much of the prosecution case involving the alleged attacks will hinge on hearsay testimony which might be admitted to the record under new rules that allow such evidence where in the past it has been excluded.

Mr. Morrison is also indicted with an additional count of continuing sexual abuse of a child. Conviction for any of the sexual assault charges could net the defendant a prison term of 25 years to life imprisonment without the possibility of parole.

He has made a motion to have a jury panel determine his guilt or innocence on the charges and, if convicted, to assess his punishment.

The indictments allege that some of the offenses took place during the time Mr. Morrison lived in the married housing section of the Texas State Technical College near Waco while he was attending classes following his war time service in Operation Desert Storm.

During that time, according to anonymous sources, children of a former marriage and other minors related to those children from yet another marriage of Mr. Morrison's ex-wife lived with him at the college.

TSTC police officers conducted an investigation into the allegations and arrested Mr. Morrison as he completed a doctor's appointment at the Waco VA Medical Center. At that time, he was living in Bruceville-Eddy and working at the Acer Computer company in Temple.

When the McLennan County District Attorney's office failed to obtain an indictment within 90 days, Mr. Morrison's co-counsel, Darren Obenoskey, obtained his released on a Writ of Habeas Corpus under the provisions of the Texas Code of Criminal Procedure. Mr. Obenoskey is engaged in the practice of family law. He handles divorce cases as well as serving as a member of the local defense bar and practicing before the criminal statel district and county courts of McLennan County.

According to court papers on file, Mr. Morrison has filed a grievance against Mr. Obenoskey with the State Bar of Texas, alleging that he has provided ineffective legal counsel since being originally appointed to defend him. He made a motion for the provision of a new lawyer and 19th Criminal District Court Judge Ralph T. Strother appointed John M. Hurley as co-counsel.

At that time, the Court released Mr. Morrison on a personal recognizance bond, an instrument that calls for forfeit of a $100,000 penalty placed against real property chattel if the accused fails to appear when summoned to court. No bond fee is required in such cases.

In August, Mr. Morrison was again arrested after a Grand Jury returned the 9-count indictment against him.

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