State to pay for P.I. for Morse

Kim Smith

Tuesday, May 2, 2000 | 10:38 a.m.

A private investigator has been appointed to aid the defense of a man charged with critically injuring Megabucks winner Cynthia Jay-Brennan and killing her sister in a drunken-driving accident in March.

District Judge Sally Loehrer ruled this morning that the state should pay for an investigator for Clark Morse, over the objections of Chief Deputy District Attorney Gary Booker.

Morse is accused of causing a chain-reaction accident March 11 that killed Lela Anne Jay, 45, and caused spinal cord injuries to Jay-Brennan, 37.

Booker complained that Morse's request for a state-paid investigator is akin to someone buying a Mercedes, then asking the state to pay for its gas, insurance and stereo system.

Booker noted that Morse's attorney, John Moran Jr., is not inexpensive.

Moran told Loehrer that although a third party has retained him, the party doesn't have enough money to pay for a private investigator. An investigator is needed for an adequate defense, Moran said.

Loehrer granted the defense motion, but said she first wants an investigation conducted into Morse's finances. She noted that Morse is a retired gardener.

The defense was also unsuccessful in another matter. Moran asked Loehrer to approve a full psychiatric evaluation of Morse. Once the results are obtained, Moran said, he could make a determination as to whether he should seek a competency hearing for Morse.

Moran said medical reports supplied to him by Morse's mother indicate Morse has some mental problems in addition to his hearing deficit and illiteracy. Morse only has a third grade education, Moran said.

Booker again objected, saying Morse clearly understands what is going on because he ran to his mother's house after the accident and invoked his right not to speak to police without his attorney being present.

Morse has been arrested 16 times for drunken driving and convicted five times, Booker said. No one questioned his mental status at the time of those incidents.

"To me that indicates the state missed the ball 16 times," Moran replied.

Loehrer declined to grant the full-blown evaluation, but did agree to allow a doctor to determine if Morse is competent to stand trial.

Morse's trial is set for July 31. He faces two counts of DUI, two counts of reckless driving, seven counts of leaving the scene of the accident, one count of voluntary manslaughter and one count of driving on a suspended license.

According to police, Morse had a 0.18 blood alcohol content shortly after the accident, which also caused minor injuries to five other people.

Kim Smith covers courts for the Sun. She can be reached at (702) 259-2321 or by e-mail at kimberly@lasvegassun.com.