Jury selection starts in DUI case

Kim Smith

Monday, Feb. 26, 2001 | 10:53 a.m.

Jury selection was set to begin this morning in the trial of a Las Vegas man charged with drunken driving in an accident that paralyzed Megabucks winner Cynthia Jay-Brennan and killed her sister, Lela Anne Jay.

Clark Morse faces two counts each of driving under the influence causing death or serious bodily injury, two counts of reckless driving and seven counts of leaving the scene of the accident. He also faces one manslaughter charge and one count of driving with a suspended license.

According to police, Morse, 57, rear-ended Jay-Brennan's 1999 Chevrolet Camaro as the 37-year-old woman was stopped at a red light behind three other cars at Boulder Highway and Indios Avenue on March 11.

Jay-Brennan's vehicle was propelled into the other cars, and the impact killed Jay, 45.

Jay-Brennan, a former cocktail waitress who just weeks before had won $35 million playing the Megabucks jackpot, suffered debilitating spinal cord injuries. The five people in the other vehicles received minor injuries.

Blood tests taken within 90 minutes of the accident showed Morse had a blood alcohol content of 0.18 and 0.15, according to court records.

Morse's defense attorney, John Moran Jr., said he plans to give Morse the best defense he can, although he resents the position he is in.

Moran said the Clark County district attorney's office is going to trial only because of public pressure and the wishes of the victims' family.

The case should have been resolved through a plea agreement, but because of the public outcry, his client is going to trial and faces a maximum of 166 years in prison, Moran said.

The accident was unintentional, he said.

"We are representing someone who is mentally retarded, suffers from a diabetic condition, can't read or write, can't hear real good and who, since childhood, has been real slow," Moran said.

Morse has said during previous court proceedings he has a third-grade education.

The trial is a waste of taxpayer's money, Moran said.

"And I'm not so certain it's in the best interest of the family and the victims to put them through something like this," Moran said.

Moran said other drivers involved in fatal accidents have received favorable plea agreements.

Chief Deputy District Attorney Gary Booker said he offered Morse a 30-year prison sentence with parole possible after 12 years, but he wouldn't take it.

Booker said he offered Morse a deal despite his past DUI arrests.

According to court records, Morse had been arrested at least 16 times before the accident on DUI charges.

In fact, Morse had just finished two years of probation on a DUI charge two months before the crash.

Jurors selected in the Morse case will not know about his past arrests or convictions, but if convicted, a judge will most likely take them into consideration during his sentencing, prosecutors said.

The trial is expected to last two weeks.