ROANOKE TIMES

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

DATE: SUNDAY, November 21, 1993                   TAG: 9311210099
SECTION: VIRGINIA                    PAGE: C-6   EDITION: METRO 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium


COMMONWEALTH'S ATTORNEY WON'T FACE TRIAL FOR PERJURY

A special prosecutor has dropped a perjury charge against Commonwealth's Attorney Joseph D. Morrissey relating to unreported cash campaign contributions.

The trial was scheduled to begin Monday, but special prosecutor James C. Clark of Alexandria called Morrissey's attorneys Friday and told them he is dropping the charge.

"I have my reasons for doing it, but I'm not going to get into my reasons," Clark said.

"There's no sense of relief in this whatsoever," Morrissey said. "There's a real feeling on my part that an injustice was done."

Morrissey was indicted June 4 on the perjury charge, a charge of misusing public funds and three counts of bribery. Four days later, he lost the Democratic primary to David M. Hicks, a former assistant in his office. Hicks was unopposed in the November election.

A jury acquitted Morrissey of bribery in August. Clark said he is "definitely going to go forward" with the misuse of public funds charge, scheduled for trial Dec. 20.

Morrissey also faces a proceeding Dec. 7 before the Virginia State Bar that could result in the revocation of his license to practice law.

He said he expects to be exonerated.

The perjury charge stemmed from $4,500 in cash donations between March 4 and April 25.

At a hearing in June, Morrissey said he had made a "not report" notation beside some of those donations on a list of contributions, because he intended to use the cash to pay poll workers June 8. He said he did not report the contributions May 1 or June 1 because he planned to pay the poll workers June 8.

He said he intended to report the contributions and the expenditures in his final July 15 report and, in fact, did report them.

State law requires candidates to report contributions of $100 or more "as of the date of the report" and contributions of $500 or more within 72 hours of receipt.



 by CNB