Published: September 11, 2007 11:14 pm         

Baby sitter conviction reversed

Megan Morris’ confession ruled inadmissible

A baby sitter sentenced to 40 years in prison last year for the death of an 8-month-old may get another chance at a trial as the Indiana Court of Appeals recently overturned her conviction.

Megan Morris’ confession in which she admitted she hit Romeo Randolph in the head with her closed fist, which aided in her conviction last year, was ruled inadmissible by the Indiana Court of Appeals, prompting a possible retrial.

A jury in Howard Circuit Court convicted Morris of Class A felony battery and child neglect and a C felony involuntary manslaughter in the March 12, 2005, death. She was sentenced to 40 years in prison.

Morris was baby-sitting Romeo in the 600 block of East Walnut Street, when the infant died of head injuries, according to testimony in the four-day trial.

Testimony in the trial centered around Morris’ changing statements to Kokomo police and her taped confession, which defense attorney Stephanie Doran tried unsuccessfully to have excluded as evidence since Morris was not read her Miranda rights prior to her statement.

During the trial, Judge Lynn Murray denied Doran’s motion to suppress the confession.

The appellate court ruled Murray improperly admitted the confession into evidence in overturning the conviction.

Murray declined to comment on the case since she will have to preside over the second trial.

During questioning, then Capt. Greg Davis told Morris she was free to leave at any time. But, when she tried to leave, she was approached two other times by other officers and told it was in her best interest to talk to them.

In a third interview with then Sgt. Health Haalck, Morris confessed to hitting the infant in the head with her fist.

“This was a direct violation of Capt. Davis’ earlier promise to her,” the Court of Appeals said in its recent ruling.

“Given the totality of the circumstances, this is the final straw that leads us to the conclusion that a reasonable person in Morris’ position would not have felt free to resist the entreaties of the police at that time and that she was in custody when she gave her statements to Sgt. Haalck.

“Morris should have been advised of her Miranda rights when Sgt. Haalck began his interview of her, but she was not.”

Haalck read Morris her Miranda rights and recorded the confession after the interview.

After the sentencing, Doran filed the appealed on the grounds that Morris confession should not have been allowed as evidence during the trial since she wasn’t read her rights.

“I’m pleased with the Court of Appeals decision,” Doran said. “Her rights should have been read to her. She was in custody and her statements should not be used against her.”

The case now is in the hands of the Indiana Attorney General’s Office, which could file a transfer to appeal the case to the Indiana Supreme Court or uphold the appellate court’s decision.

If the reversal is upheld, the case will be sent back to Circuit Court to be retried.

The attorney general’s office has 30 days from the Aug. 16 to file the transfer.

Doran expects the case to be retried.

Morris will remain jailed pending a possible new trial.

Chief Deputy Prosecutor Mark McCann said he is hoping the Indiana Supreme Court will review the case and overturn the Court of Appeals ruling.

“Obviously, I’m disappointed,” McCann said Tuesday. “I thought the ruling of the trial court was correct, but I respect their decision. I’ve spoken with the deputy attorney general, who said he was going to petition a transfer to the Supreme asking them to accept jurisdiction and review the case. If they uphold the Court of Appeals decision, I fully plan on retrying this.”

Mike Fletcher may be reached at (765) 454-8565 or via e-mail at mike.fletcher@kokomotribune.com

     

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