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

DATE: TUESDAY, June 22, 1993                   TAG: 9306220156
SECTION: VIRGINIA                    PAGE: C5   EDITION: NEW RIVER VALLEY 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium

INDICTED PROSECUTOR SUSPENDED AGAIN

Eighteen of Morrissey's assistants filed a petition with the court seeking his suspension. The petition said they had no confidence in Morrissey because of his indictment June 4 on five felony counts.

The only two assistants who did not sign the petition were unavailable when it was drafted and circulated, the petitioners said.

Six Circuit Court judges supported the suspension, while two dissented. The action was taken under a law that allows suspension of an official who is unable to serve due to disability or other temporary circumstances.

"Our goal was to restore some trust and respect to this office," said William H. Parcell III, acting commonwealth's attorney. "We're career prosecutors. We want to restore respect that was lost."

Morrissey did not return a phone call.

Nottoway Circuit Judge Thomas V. Warren had suspended Morrissey after the prosecutor was indicted on charges that include bribery, perjury and misuse of public funds.

But the Virginia Court of Appeals ruled last Tuesday that Morrissey could return to work. The three-judge panel ruled that Warren's suspension of Morrissey "is not authorized by constitutional or statutory law."

Morrissey's assistants said in the petition that although the prosecutor had been reinstated, the appeals court imposed restrictions that "completely stymie Mr. Morrissey's ability to perform even the simplest of administrative tasks."

The appeals court ordered Morrissey not to intimidate co-workers who might testify against him, but the petitioners said the list of potential witnesses "remains in flux." State police have been interviewing potential witnesses in the prosecutor's office, "and the chilling effect on that continued state police investigation is apparent, uncomfortable and unconscionable," the assistants said.

The petitioners also said:

Trial judges have been reluctant to accept their plea agreements because of Morrissey's legal problems.

Public confidence in the integrity of the prosecutor's office would be damaged by "even the appearance of disarray and the lack of mutual trust" between Morrissey and his assistants.

Morrissey would be preoccupied with his own defense and unable to run his office.

Morrissey lost a Democratic primary to David M. Hicks four days after being indicted. He has 6 1/2 months remaining in his four-year term.