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A narcotics organization out of Detroit ran narcotics couriers to New York City. During one of these runs, couriers were caught and arrested. Upon being released, both couriers were taken to a defense attorney's office. 'Harold' Morton, head of the organization, showed up to quiz the couriers (both female) to see if they would resist efforts to "turn" and testify for the government. One of the girls evidenced a reluctance to "do time" and she and Morton got into a violent argument. The girl fled and went to Los Angeles. She was talking to authorities and had tentatively agreed to cooperated when she was killed. 'Harold' Morton hired ''McKnight to fill a contract hit on the girl for $2,500. McKnight traced the girl to Los Angeles, grabbed her at her brother's house and took her out and shot her. An industriousL.A.P.D. Homicide Detective and his wife, working nights and weekends in his off-hours, linked the killing to McKnight. McKnight facing Murder 1 charges, cooperated and fingered Morton. Morton has been charged federally with a cival rights conspiracy violation. This case is good because it points out weaknesses in federal jurisdiction in murder-for-hire cases. There is no federal murder statute. Moreover, state rules of evidence which preclude uncorroborated testimony of accomplices inhibits these cases from being tried in state court where the major testimony will be that of a co-conspirator. Also, the cival rights statute is an akward tool to use. First of all, the penalties may not be appropriate. Second, you must prove a specific cival right was denied to a person under 18 U.S.C. 241, such as the right to vote or to be a witness. In this case, the victim had not formalized her agreement to be a witness and federal jurisdiction is threatened. Morton was recently convicted and sentenced to life but has appealed his conviction. AUSA Perry and USA Ordin think that a federal murder-for-hire statute, which would include solicitation to murder, would be an appropriate solution. |
