Court rules with prosecutor in Moreland case, defense requests jury trial - Faribault MN: Local

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Court rules with prosecutor in Moreland case, defense requests jury trial

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Posted: Wednesday, June 4, 2014 11:34 am | Updated: 10:57 pm, Fri Jun 6, 2014.

On May 23, 2014, Rice County District Court Judge Thomas Neuville issued an order denying two key motions — one for dismissal and one to suppress evidence — and denying a request for a Frye-Mack hearing in the 2012 case of a man accused of criminal negligence in the death of a Webster Township pedestrian.

Michael Moreland, 56, also of Webster Township, was indicted by a grand jury in January 2013 on criminal vehicular homicide/gross negligence charges in the death of Kimberly Motzko, a neighbor who was out walking her dogs the morning of July 26, 2012, on a rural Northfield road. Moreland told investigators on the scene that the sun was in his eyes and that he didn’t see Motzko until it was too late.

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  • Thehuntison posted at 8:58 pm on Tue, Jun 10, 2014.

    Thehuntison Posts: 500

    Oh c'mon Steak. Quit pouting and learn how to have a good argument and be a good sport at the same time.

    I still consider you my best new little buddy.


  • steakholder posted at 2:03 pm on Thu, Jun 5, 2014.

    steakholder Posts: 1761

    It's just too funny....

    When a judge rules the way you think he/she should, it's masterful..

    When they disagree with you, they're called idiots and cowards

    Sour grapes.

  • DavidGross posted at 11:24 am on Thu, Jun 5, 2014.

    DavidGross Posts: 380

    We'll have to see what the judge's opinion reads like in view of State v. Florence, and the factors he considered, the presumptions and burdens he allocated, and the weight he assigned to each. It's one of those "judgment" calls that judge's are hired to make in their sound discretion; and whether he arguably "abused" his discretion, the standard of review and, frankly, deference and respect to the court.
    How/why the matter was removed from Judge Larry Collins in Waseca is an interesting question, to me. Judge Collins did a masterful job in seeing the issues in the case as it came to him from the Grand Jury, IMHO. He was also entitled to that same respect for his judgment call in that matter. Until I see Judge Neuville's opinion, I can't tell what factors/considerations that Judge Collins raised were addressed, or not addressed.
    Notice the difference between the way that the County Attorney handled the situation with Judge Collins (his abortive appeal which was dismissed) and the way that Moreland's attorneys handled both the Judge Collins situation and this one.

  • MrsFields posted at 10:27 am on Thu, Jun 5, 2014.

    MrsFields Posts: 254

    I've always had respect for Judge Neuville, but I'd have to agree. This was a cowardly decision on his part.

  • Plowgirl posted at 8:23 am on Thu, Jun 5, 2014.

    Plowgirl Posts: 64

    Get rid of the Judge

  • MrsFields posted at 8:17 am on Thu, Jun 5, 2014.

    MrsFields Posts: 254

    One really has to wonder...

  • MrsFields posted at 8:15 am on Thu, Jun 5, 2014.

    MrsFields Posts: 254

    Another very costly trial for the citizens of Rice County. Why? The case has been thrown out twice, once by the Minnesota Court of Appeals! Any other county, I guarantee it would have been settled a long time ago. 2 years now. The evidence has all been brought out and hashed over. Moreland wasn't speeding. A text received on his phone had not been opened or read. The, ahem, "victim," was illegally walking on the wrong side of the road into a bright morning sun, likely wearing headphones. Evidence suggests she was off into the long grass with her dogs before she stepped suddenly into the roadway. We're going to the time and great expense of a trial for what?? A Careless Driving misdemeanor charge?? Moreland doesn't deserve this. Rice County doesn't deserve this. "Justice," in Rice County, seems to be whatever the whim of the county attorney is.

  • Thehuntison posted at 7:22 am on Thu, Jun 5, 2014.

    Thehuntison Posts: 500

    What goes on in your head 3 out of 10?

  • 7outof10 posted at 10:56 pm on Wed, Jun 4, 2014.

    7outof10 Posts: 331

    How about instead of going any further Moreland needs to wear a sandwich board sign for a week and every day on the anniversary of the death he caused that says " I killed a person".

  • Thehuntison posted at 10:04 pm on Wed, Jun 4, 2014.

    Thehuntison Posts: 500


    Well, there you go. The process is working the way it is supposed to, not the way we would like it to. Now let's watch and see what the jury thinks.



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