Officer takes witness stand at uncle’s DUI crash trial

Kim Smith

Thursday, March 1, 2001 | 11:21 a.m.

A Metro officer who is the nephew of a man charged with causing a deadly car crash last March took the stand Wednesday in the trial of Clark Morse.

Bryan Morse told jurors that he received a phone call from his grandmother, Vera Morse, late in the evening of March 11 asking him to come to her house.

When he arrived, Bryan Morse said, two fellow officers told him his grandmother's Ford Explorer had been stolen and involved in a fatal car crash.

Bryan Morse said he immediately asked his grandmother where his uncle Clark was, suspecting he may have been involved in the crash. After discovering him asleep in a bedroom, Bryan Morse notified one of the officers he thought his uncle may have been driving the vehicle.

He spoke to his uncle, whom he described as "slow," as he was being handcuffed.

"The only thing I told him, as his nephew, was to keep his mouth shut," Bryan Morse said.

Wednesday was the second day of testimony in Clark Morse's trial.

Prosecutors maintain that Morse, 57, rear-ended Cynthia Jay-Brennan's 1999 Camaro as it sat waiting behind three other vehicles at a red light on Boulder Highway.

Jay-Brennan's sister, Lela Ann Jay, 45, was killed and Jay-Brennan, who had just won $35 million weeks before from a Megabucks slot machine, was rendered a quadriplegic.

The five people in the other cars received less serious injuries.

Bryan Morse admitted his grandmother lied about her vehicle being stolen to protect her son.

Blood tests taken within three hours of the accident showed Morse had a blood alcohol level of 0.18 and 0.15. A level of 0.10 in Nevada is considered under the influence.

Morse's attorneys, John Moran Jr. and Lew Brandon, said they will present evidence that Morse has the mental capacity of a third-grader and suffers from diabetes.

Prosecutors Gary Booker and Bruce Nelson filed a motion Wednesday morning asking District Judge Valorie Vega to limit how far the defense attorneys can go with the mental retardation issue.

While prosecutors in many cases are required to show the suspect intended a specific outcome, that is not the case with drunken driving accidents.

Therefore, the prosecutors argue that Morse's mental capacity isn't an issue.

Vega is scheduled to hear arguments on the issue Friday.

Also testifying Wednesday were the arresting officer, an officer who supervised the drawing of blood and a registered nurse.

Officers Phillip Black and Joseph Simmons testified that Morse had red, watery eyes and smelled of alcohol. Black said Morse also appeared unsteady on his feet.

Under cross-examination, Black said he did not give Morse a breath test at the scene or field sobriety tests. He said that was because Morse was originally taken into custody merely for leaving the scene of an accident.

Black also conceded that diabetics' breath can sometimes smell like alcohol and there are several reasons someone may stagger aside from being intoxicated.

Simmons testified he gave the Miranda warnings to Morse twice, because Morse said he was "hard of hearing." Morse also told him he was retarded, but Simmons said he thought Morse was being sarcastic.

Simmons said Morse failed an eye exam that is often given to suspected drunken drivers, but he did not give him other field sobriety tests, because Morse told him his legs hurt. The officer also said he didn't believe they were necessary since Morse failed the first test.

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.

If convicted, Morse, who has been arrested for DUI at least 16 times, faces a maximum sentence of 166 years in prison.

Jay-Brennan, 38, is expected to testify late today or Friday.