Michael Morales' Clemency

The Crime

In 1981 Michael Morales and his cousin, Ricky Ortega, lured 17 year old Terri Winchell to the grape fields of Lodi. Once at the vineyard and still in the car, Morales, in the backseat, wrapped a belt around Terri's neck while she sat in the front seat. Morales pulled so hard on her neck that the belt broke.

When he failed to strangle her, he grabbed a hammer he had brought for this event, and hit her in the head twenty-three times. That didn't kill her so he dragged her out of the car and across the road. Her head wound left a long trail of blood in the road. Once in the vineyards, Morales raped Terri. After he was finished, he stabbed her in the chest four times and left her, naked in the dirt.

Victim Services Packet

The Trial

Because of the pretrial publicity, the defense got the judge to move the case from San Joaquin County to Ventura County.

There was a mountain of evidence. The bloody hammer was found in the refrigerator crisper. A kitchen knife with a broken tip was also found. A broken belt was found hidden beneath a mattress. In another room, police found Winchell's purse. The car had Terri's blood all over it.

Morales confessed to his girlfriend and his housemate, Patty Felix. On the stand, Morales admitted to the murder but claimed it was comitted in a drug induced fog.

In addition, a jail house informant, Bruce Samuelson, made a deal in his own case and testified to a confession Morales made to him. The testimony added nothing other than Morales's comment as he walked away from Terri's body, "You fucking bitch."

Opposition to Clemency (pdf) (page 9.)

In 1983, the jury voted to convict Morales of murder with the special circumstances of rape and lying-in-wait and recommended he be sentenced to death. A separate jury convicted Ricky Ortega and he received life without the possibility of parole.

The Appeals

Three execution dates have been set since Morales was sentenced to death. Morales has exhausted his appeals arguing a number of issues before state and federal courts, including the validity of the Bruce Samuelson testimony.

All appeals have been denied.

A last ditch appeal is before the federal court challenging the method of execution. San Jose Mercury News

The Clemecy

According to press reports, Kenneth Starr joined the Morales defense team on January 26th, 2006. David Senior has been Morales' main appellate attorney since 1992. San Francsico Chronicle, 1/27/06

On the 27th, the Morales defense team filed a "Petition for Executive Clemency".

In it they argued that (1) Morales was remorseful and; (2) his penalty trial was tainted by Samuelson's false testimony.

Among the exhibits they filed, they included a Declaration for Morales' roommate, Patty Felix, recanting her entire trial testimony. (Defense Exhibit 30.) Despite the fact that she accused the police and district attorney of threatening her with jail unless she testified to certain facts, the defense never argued this in the body of their "Petition for Executive Clemency".

On February 6th, the District Attorney filed their Opposition to Clemency

Contained in the People's Opposition was a Declaration Patty Felix prepared by the prosecution. In it, she claims that Defense Exhibit 30 is a fake and forgery. This interview was taped recorded and transcribed, both were submitted to the Governor. San Francisco Chronicle, 2/8/06

The Defense denies this claim.

"The declaration they provide from Patricia Felix is further evidence that they go out and muscle witnesses under oath," [Ben] Weston [a Morales attorney] said. "We have a plethora of witnesses and documents and records to establish that (Felix) did talk to us and did give us a declaration." Lodi Sentinel News, 2/7/06

The Reply

On February 7th, Defense filed their Reply to Opposition to Petition for Executive Clemency. (Reply) In it, they once again repeat the same attack on the testimony of Bruce Sameulson.

Forged Declaration of Witness Patricia Felix

In addition, the Reply argues that the Felix Declaration they submitted was genuine and submitted a Declaration from the defense investigator Kathleen Culhane, who interviewed Ms. Felix (Exhibit 56).

On February 10th, the District Attorney submitted another Declaration from Ms. Felix (2/9/06, page 15) where she stood by her claim that she had never met Kathleen Culhane, never signed a declaration for the defense. She stands by her trial testimony. This interview was also taped and transcribed. DA Press Release, 2/10/06

The defense has provided no similar taped interview.

Forged Juror Declarations

Also included in the Reply submitted by Starr and Senior are six juror declarations. Five of the declaration were witnessed by defense investigator Kathleen Culhane. In these five declarations, all say that 1) Samuelson was key in their decision for death and 2) they support Morales' bid for clemency.

In reading the Juror Declarations submitted by the People on February 10th, it's clear that declarations submitted by Starr and Senior are forged.

Juror Number 1 was on John and Ken Show the afternoon of February 9th. She was on the show to voice her opposition for Morales' clemency. She said that she stood by her verdict and that the jail house informant was barely considered in the decision for death.

Also on the show was Ben Weston, a Morales' attorney. He read a juror declaration to contest Juror #1's recollection of the jury deliberations; that declaration turns out to be forged.

It was only after the show, that Juror #1 found out she was supposed to be one of the jurors who submitted a declaration for clemency.

Juror Number 2 was interviewed by phone. He hasn't lived in California for twenty years. The Defense declaration misspelled his name.

Juror Number 3 called the District Attorney's office after she read newspaper accounts of the other jurors request for clemency. It appears that this juror is the one that clued the D.A. into the fact that the declarations are forgeries. Her name on the defense declaration is also incorrect.

Juror Number 4's name on the defense declaration is also incorrect. She hasn't used that name for 15 years and it's still misspelled.

Juror Number 6's name on the defense declaration is also incorrect.

All five jurors state that they never met defense investigator Kathleen Culhane, that they never gave a declaration for the defense, and that they support the execution of Mr. Morales.

Also, they deny that Samuelson's testimony was "key"; a claim advanced by the defense because it supports their legal argument.

The only legitimate declaration was witnessed by someone other than Kathleen Culhane and merely states she supports the decision of the Governor no matter what it is.

D.A. Press Release

Another Appeal

On February 10th, Mr. Starr and Mr. Senior filed a third
Writ of Habeas Corpus. (The first two were denied in 1992 and 1993)

In it, they reiterate the already litigated claim of Samuelson's testimony. In addition, they argue that the police and district attorney in coerced Patricia Felix to testify falsely during the trials of Mr. Morales (and by extension, Mr. Ortega.) They also accuse the prosecutors of now coercing Ms. Felix during the two separate interviews where she stood by her trial testimony and her insistence that the Defense Declaration is a fabrication.

The Writ of Habeas Corpus was filed before Starr and Senior learned of the discovery of forged juror documents. Now that Kathleen Culhane's credibilty is in issue, Starr and Senior, despite their accusations of prosecutorial misconduct of witness intimidation, have withdrawn all declarations involving Culhane including the five forged juror declarations.

"In a letter to Attorney General Bill Lockyer, attorney David Senior said he and Starr were “withdrawing any and all reliance on any exhibits generated” by one of their investigators.

Another statement purportedly taken from Morales' former Stockton roommate [Patrica Felix] and submitted to the California Supreme Court, requires “further investigation,” Senior wrote.

“The disparity between the signatures on those declarations and the declarations presented to us by our investigator raises substantial issues that we are continuing to investigate,” Senior wrote the governor.

Associated Press, 2/13/06

Who is Responsible for the Forgies?

It appears that Kathleen Culhane, who submitted her own declaration about the false Felix declaration, is the most likely suspect.

Ben Weston, a Morales attorney and vocal with the press, also appears to have some responsibility. Why didn't he say something when he was on the show with a juror who was contradicting a declaration that he had in his possession? He read one declaration on the air so he must have had access to them?

"Ben Weston, one of Morales’ attorneys, said the defense team spoke to nine of the 10 living jurors. Three refused to be interviewed, he said, and another could not be located." Associated Press, 2/8/06

Whether Ken Starr or David Senior knew anything about the forgeries is not known. Nevertheless, they bear some responsibility.

"Deputy District Attorney Robert Himelblau said Starr and Senior, the lawyers who prepared the clemency papers, may not have known of the alleged fabrications but were responsible for the documents they filed.

"The buck stops here,'' Himelblau said. After accusing the prosecutors of dishonesty in the exchange over Felix, he said, the lawyers now "owe an explanation to the district attorney's office, to the governor, to the jurors who (they) lied about, to the witnesses who (they) lied about, and finally to the people.''" San Francisco Chronicle, 2/11/06