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

DATE: THURSDAY, June 24, 1993                   TAG: 9306240339
SECTION: VIRGINIA                    PAGE: C2   EDITION: METRO 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium

LAWYER'S ATTORNEYS FIGHT FOR HIS JOB

The attorneys also said they believe Morrissey can get a fair trial in the capital city and they will not seek to move the trial or bring in an outside jury.

"We want the case tried in Richmond," said James Sheffield, a former Circuit Court judge who is representing Morrissey.

The lawyers spoke after a brief hearing in which Nottoway County Circuit Judge Thomas V. Warren set a July 16 motions hearing. A trial date also will be set then.

Ray Carpenter, another attorney for Morrissey, said he will ask the Virginia Court of Appeals to overturn Richmond Circuit Court judges' suspension of Morrissey on Monday.

He said the judges overstepped their power when they suspended Morrissey in response to a petition from the office's 20 prosecutors.

"You don't hold a recall election through circuit court judges," Carpenter said.

He said he hoped to have the order overturned by the same three-judge appeals panel that reinstated Morrissey to his job last week after Warren suspended him June 10.

In their petition, the prosecutors said they had no confidence in Morrissey and could not work under "a cloud of criminal indictments." The Richmond office handles one of the largest criminal caseloads in Virginia.

Morrissey was indicted June 4 on five felony counts, including bribery, perjury and misuse of public funds. Four days later, he lost a Democratic Party primary for a second four-year term.