Morrow murder trial delayed again Morrow murder trial delayed again (August 24, 2005)

** Defense attorney's health problem is the latest reason for delay in a case that spans 14 years.

By Andrea Gemmet

Almanac Staff Writer

It took 12 years for investigators to find the body of Menlo Park resident Donna Morrow, and 10 years to capture her husband, who is charged with killing her, so it may come as no surprise that the road to the trial of Joseph Morrow for first-degree murder has also been a long and bumpy one.

The latest in a series of postponements has pushed the trial date to January 17, 2006, said Chief Deputy District Attorney Steve Wagstaffe.

Mr. Wagstaffe has taken over the case following former prosecutor Jack Grandsaert's appointment as San Mateo County Superior Court judge in December.

Mr. Morrow's defense attorney, Robert Courshon, was granted the latest postponement after suffering a serious health problem in June, Mr. Wagstaffe said.

"It was continued on the understanding that this is it. On January 17, it is going to go to trial, absolutely," he said.

The trial was originally scheduled to begin in April 2004.

Mr. Morrow, who told police his wife walked out of the house on the evening of December 19, 1991, following an argument, is accused of killing her at their College Avenue home and burying her body on undeveloped property he owned in Los Gatos.

In 1993, before he could be charged with his wife's death, he fled the country. He was discovered living under an assumed name in the Philippines 10 years later. He was arrested on passport fraud charges in January 2003 and extradited to the United States.

Mrs. Morrow's skeletal remains were discovered in September 2003 in the spot where a handyman for Mr. Morrow said he'd been instructed to dig a deep hole shortly before Christmas in 1991.

Investigators also found a metal plate in the ground above Mrs. Morrow's burial site, with the words "DIG FOR CORPSE" and "LOOK FOR CORPSE" stamped on the metal that had been placed there by a tipster.

"They had a witness who found the gravesite in January of 1992, and for some reason or another, they never followed up until the fall of 2003," defense attorney Courshon told the Almanac last week. "Based on the extreme negligence of the government, we should be entitled to a dismissal."

Mr. Courshon said he intends to file a motion to dismiss the case. Investigators' long delay in finding Mrs. Morrow's body deprived his client of important evidence, such as the cause of death, and has prejudiced the case against Mr. Morrow, Mr. Courshon said.

He said he is also waiting for the district attorney's office to release Mrs. Morrow's clothes for DNA testing.

"The district attorney has a witness who says Mrs. Morrow called him the night of December 19 and he said no, he had a headache and didn't want her to come over. We suspect that's not true, that she actually did," Mr. Courshon said. "We don't know if sexual activity took place, or if drugs or alcohol were involved. Because of the delay, we cannot tell."

A hearing on the motion for dismissal is scheduled for October 17, Mr. Wagstaffe said.

"It has been a little slow bringing this case to trial, but there's been 13 years of investigation. I'm only taking two years," Mr. Courshon said.

E-mail a friend a link to this story.