Trial Judge Asks Governor to Grant Clemency for Death-Row Inmate Michael Morales

New Evidence Shows Prosecutions Key Witness Lied
For Immediate Release: January 27, 2006

SACRAMENTO – In what is described as “an extraordinary turn of events” in the case of death-row inmate Michael Morales, new information has emerged that the prosecution’s key witness, Bruce Samuelson, lied about Morales’s confession concerning the murder and rape of Terri Winchell. The jail house informant told the court that Morales confessed to him in Spanish that he had committed the crime. The testimony was key in making Morales eligible for the death penalty. New evidence confirms that Morales does not speak Spanish. This was revealed today in a clemency petition on behalf of Morales that was delivered to the Governor’s office. The petition was submitted by Judge Kenneth W. Starr and David A. Senior of the law firm of McBreen & Senior.

Judge Charles McGrath, the trial judge who sentenced Morales to be executed, is now asking Governor Arnold Schwarzenegger to grant Morales clemency. In a January 25 letter, which was submitted as an exhibit in Morales’s clemency petition, Judge McGrath writes, “executing Mr. Morales would frustrate the design of our sentencing laws, and would constitute a grievous and freakish injustice. I respectfully recommend that you grant clemency to Mr. Morales.”

Samuelson’s testimony describing Morales’s confession was, according to Judge McGrath “the only evidence” that made Morales eligible for the death penalty and the rape conviction. Morales’s attorneys have verified under oath that Morales does not speak Spanish.

In the clemency petition, Judge McGrath’s statement is described as “not only powerful and persuasive, it goes to the very heart of our criminal justice system and to bedrock values of fundamental fairness dear to civilized people.”

“How can their be justice when Michael’s crime partner who instigated the events of a generation ago will continue to live out his life in prison while Michael, the unwitting inebriant is sentenced to be executed in 25 days? Justice can only be served by granting Morales clemency, “said lead counsel David A. Senior, of the law firm of McBreen & Senior.

Natasha Minsker, Death Penalty Policy Director for the ACLU of Northern California added: “The testimony of the jailhouse informant was the only basis for the jury's finding that Michael should be sentenced to death. But we now know that testimony was false. The Courts are powerless to fix this mistake, only the Governor can do so by granting clemency. Michael should be sentenced to life without parole just like his co-defendant."

“There is not a day that goes by that Michael does not express profound sorrow for his part in this crime,” adds attorney David Senior. “Michael has always accepted responsibility for his offenses and has tried to live accordingly. While in prison, he has taken classes, practiced his art, and has provided emotional support for his friends and families. Michael deserves to live.”

The Attorney Generals office has until February 4 to respond the clemency petition.