
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, June 13, 1993                   TAG: 9306140113
SECTION: VIRGINIA                    PAGE: B6   EDITION: METRO 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium

SUSPENDED PROSECUTOR VIOLATES BOND

A judge has ruled that the city's top prosecutor, who has been suspended from his duties while awaiting a trial on felony charges, violated the conditions of his bond.

But Nottoway Circuit Judge Thomas Warren did not punish Commonwealth's Attorney Joseph D. Morrissey for the violation.

Warren had suspended Morrissey from his duties effective 1 p.m. Thursday. Morrissey's visit to his office after the deadline surprised staffers, who complained to authorities.

Warren said Friday that he believed Morrissey should have understood that he was to have been out of the building at that time, but the judge acknowledged the order was not as explicit as it should have been. Neither the judge's comments nor a written order specifically required Morrissey to vacate his office.

Morrissey said he had misunderstood what Warren intended.

A grand jury indicted Morrissey on five felony counts June 4. The charges include bribery, perjury and misuse of public funds. He lost a Democratic primary to David Hicks four days later. Morrissey has 6 1/2 months left in his four-year term.

Morrissey's attorney, Raymond A. Carpenter, had argued that the indictment was tainted because one of the seven grand jurors, Sophie A. Salley, was a campaign volunteer for Hicks.

Morrissey contends that the law did not give Warren the authority to suspend him and has appealed the ruling to the Virginia Court of Appeals. A hearing is set for Monday.

Morrissey left the office at 1:15 p.m. and returned about 3 p.m. after visiting state police headquarters to review campaign documents there.

His return surprised staff members, who believed that he had been ordered out of the building.

Morrissey testified he believed he could remain in the office as long as he did not direct his staff.

Morrissey said he was surprised when a sheriff's official arrived at his office and asked whether he should be there after having been suspended. The official suggested that he discuss the matter with Chief Circuit Judge Robert L. Harris Sr., Morrissey testified.

Morrissey said he gathered up his personal belongings and left the building after Harris suggested that it might be better if he were not there.

by CNB