Court denies Joe Morrow's bid to toss out murder charge Court denies Joe Morrow's bid to toss out murder charge (January 11, 2006)

A Menlo Park man suspected of killing his wife 14 years ago was denied his request to have his trial thrown out January 5 by San Mateo County Superior Court Judge Craig Parsons.

Joseph Eli Morrow, 54, is accused of killing his 37-year-old wife Donna on December 19, 1991 and burying her body on their 36-acre property above Los Gatos, according to prosecutor Steve Wagstaffe.

At the time of Donna Morrow's disappearance, she and her husband lived with their four children in a house on College Avenue in Menlo Park.

Defense attorney Bob Courshon argued that, because of the amount of time it has taken to prosecute Mr. Morrow, key physical evidence has been lost and witness memories have diminished.

"My client's due process rights have been violated," Mr. Courshon said. "I don't think there is any question that there was a lengthy delay ... he has been denied the right to a fair trial."

However, Judge Parsons disagreed, stating, "the court finds that the defendant has failed to demonstrate prejudice. Because the defendant cannot provide concrete information ... he has failed."

In 1997, a $10 million arrest warrant was issued for Mr. Morrow, even though Donna Morrow's body had not yet been found, according to the prosecution.

Mr. Morrow wasn't arrested until January 2003, at which time he was reportedly living in the Philippines, according to the prosecution. Mr. Morrow was extradited on a $10 million warrant that stemmed from a theft charge in Santa Clara County, the prosecution reported.

It wasn't until September 2003 that Donna Morrow's body was found in a 9-foot grave on Mr. Morrow's old property.

Menlo Park police detectives say they were made aware of the grave for the first time by San Leandro resident Jose Maldonado, who at one point worked for Mr. Morrow at the property.

According to police investigator Randy Billingsley, Mr. Maldonado said that "Joe had asked him to do a side job for cash," later stating that he "dug a hole" as part of the job.

However, the defense argues that Mr. Morrow's neighbor, Herman Liebenberg, located the spot where the body had been buried on the property in 1992.

Mr. Liebenberg claims that he went onto Mr. Morrow's property and found a soft patch of dirt he believed could have been a grave, according to Mr. Wagstaffe. He then reportedly called police anonymously to report his findings, but there was no follow-up by the department, Mr. Wagstaffe said.

After the phone call went unheeded, Mr. Liebenberg sent a one-page map from a Thomas Guide book to the Police Department with a line drawn on the property stating, "dig here for body," Mr. Wagstaffe said.

Mr. Liebenberg reportedly sent the same map to the San Jose Mercury News reporter Sara Wykes in 1994, Mr. Wagstaffe said.

Mr. Courshon subpoenaed Ms. Wykes to testify in court because of her alleged receipt of the map from Mr. Liebenberg.

"I think it's an obligation of the court to take her into the chambers and see if she has any information that may partially exonerate Mr. Morrow," Mr. Courshon said.

However, a motion to quash the subpoena on the basis of the California Shield Law was approved by Judge Parsons.

"The court will grant the motion to quash the subpoena for the testimony of Sara Wykes," Judge Parsons said. "She never received the materials that the defense seeks to compel possession of."

Had Ms. Wykes been made to testify, the purpose would have been to prove that there was a substantial delay and prejudice throughout the case that should prompt its dismissal as a result of due process denial, Mr. Courshon said.

According to Mr. Courshon, since it took some 10 years to locate Donna Morrow's body, all DNA evidence that could have been used to exonerate his client was lost.

Mr. Courshon said he "can't support a potential defense" for his client because of the lack of DNA evidence and the general loss of memory over time by both Menlo Park police detectives and witnesses like Mr. Liebenberg.

Mr. Morrow has maintained his innocence since the day his wife was reported missing, but prosecutors allege Mr. Morrow killed her for financial gain.

Mr. Morrow, who remains in custody on a no-bail status, will return to court on January 17 at 9 a.m. for the beginning of his trial.
By Bay City News Service

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