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Lawyer furious that charged driver hasn't had court appearance

Posted at 9:52 AM, May 05, 2017
and last updated 2017-05-05 20:14:18-04

The driver charged in the crash that killed a Delray Beach police officer was supposed to have her first appearance in court on Friday. However, that won't happen.

RELATED: Key West chief speaks about arrest 

Lacy Morris, 31, was arrested Tuesday on DUI manslaughter charges in connection with the crash that killed Delray Beach Police Officer Christine Braswell.

NewsChannel 5's legal expert, Michelle Susskauer, said Morris should have been brought before a judge within 72 hours of her arrest, but that didn’t happen.

“She has an absolute right to have a hearing bond, regarding pre-trial release," Susskauer said. "She has not that opportunity.”

Morris’ lawyer, Evan Hoffman, is furious.

“I’m shocked,” Hoffman said. “That someone could be held without having been magistrated is unconscionable.”

Morris, who is facing the charges in Key West where the crash happened, was arrested Tuesday in Broward County. She was held there and then was transported Thursday, but not to Key West. Instead she was taken to a facility in Miami-Dade County.

“Miss Morris has been to two different jurisdiction, has not been magistrated and we could surrendered her this whole time in Key West," Hoffman said. 

 

Susskauer said the fact that Morris has been moved between different jurisdictions shouldn't have prevented her first appearance. 

 

"it doesn't matter what jurisdiction she's in," Susskauer said. "There are courts in every jurisdiction."

Finding Morris’ location has been difficult.

On Thursday, officials with the Key West Police Department, the State Attorney’s Office in Monroe County and Morris’ lawyer himself didn’t know where she was.

Susskauer said law enforcement officials always remain tightlipped around the transportation details of an inmate.

"Because that is a safety issue," Susskauer said.

But Susskauer said she didn't understand why Morris had been moved from Broward County to a Miami jail.

"That's unusual," Susskauer said. 

Hoffman got a confirmation on her court appearance late Thursday night.

“I spoke to the jail personally at 10:30 p.m. to confirm that she would be magistrated today, (Friday),” Hoffman said.

Hoffman was in court on Friday when he learned his client was not being brought before a judge today.

“We were told that it’s a policy now in Miami that if you don’t have a case in Miami, it’s just a warrant hold from another county, they not going to magistrate her,” Hoffman said. “So now Miss Morris has been to two different jurisdictions, has not been magistrated, and we could have surrendered her this whole time in Key West.”

Hoffman said Morris will not have her first appearance on Friday. He is not sure when she will face a judge but said it’s going to be sometime next week in Monroe County.

“Who knows at this point,” Hoffman said.