Barney Allen Morse

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Charge:	Sexual Assault (includes aggravated)
Sentence:	15 yrs with 10 yrs suspended
Years Imprisoned:	2
Year Crime:	2012
Year Convicted:	2013
Year Cleared:	2015
U.S. State or Country of Crime:	Montana
County or Region of Crime:	Anaconda-Deer Lodge
City of Crime:	Anaconda
Result:	Judicially Exonerated Released
Summary of Case:	"Barney Allen Morse was wrongly convicted on March 20, 2013 of sexual intercouse without consent in Anaconda, Montana. The charge was based on the accusation of a woman that on September 17, 2012, Morse, who was 60, sexually penetrated the woman while giving her a massage. Morse's conviction by a jury that deliberated for six hours was based on the testimony of the alleged victim, identified as H.S. Morse filed a post-verdict motion for a new trial based on insufficiency of the evidence, which the trial judge denied on May 20, 2013. Eleven days later Detective Ken Walund received a report that H.S. had claimed her husband sexually assaulted her. When Walund interviewed H.S. that same day regarding these allegations H.S. told him that that she was beginning to think that Morse didn't assault her and that the wetness on her after Morse massaged her was her urine. Morse filed an amended motion for a new trial based on the new evidence of H.S.'s post-trial statements, which after a hearing, was denied by the trial judge on October 31, 2013 based on the judge's determination that H.S.'s contradictory statements were best addressed in post-conviction proceedings. Morse was sentenced on December 3, 2013 to 15 years in prison, with 10 years suspended. The judgment was stayed and Morse was released on his own recognizance pending appeal. On February 23, 2015 the Montana Supreme Court reversed the trial court's ruling, and granted Morse a new trial. The Court's ruling stated: "We conclude the District Court abused its discretion when, in considering whether Morse was entitled to a new trial pursuant to § 46-16-702(1), MCA, it failed to apply the Clark I factors and instead determined that postconviction proceedings were best suited to address H.S.'s post-trial statements. After applying the Clark I factors to H.S.'s post-trial statements, in light of her testimony and other evidence, we are convinced that Morse should be granted a new trial. We reverse the District Court's order denying Morse a new trial." The DA's Office declined to retry Morse, and its motion to dismiss the charge was granted on October 20, 2015."
Conviction Caused By:
Innocence Proved By:	"On February 23, 2015 the Montana Supreme Court reversed the trial court's ruling, and granted Morse a new trial. The DA's Office declined to retry Morse, and its motion to dismiss the charge was granted on October 20, 2015."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	61
Age When Released:	63
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"State v. Morse, 2015 MT 51 (Mont: Supreme Court, 2-23-2015) (Reversing conviction and remanding for new trial.)"
Information Location 1:	"https://scholar.google.com/scholar_case?case=1423529450369753632&q=No.+DA+14%E2%80%930052+barney+morse&hl=en&as_sdt=6,48"
Information Source 2:	"Judge dismisses rape charge in 2013 conviction, By Kathleen J. Bryan (Staff reporter), The Montana Standard, October 20, 2015"
Information Location 2:	http://mtstandard.com/news/local/judge-dismisses-rape-charge-in-conviction/article_7a34280f-00a2-5c85-8b1c-4ff024b5eafc.html
Information Source 3:	"Anaconda jury finds man guilty of rape, By By Erin Nicholes (For the TMS), The Montana Standard, March 21, 2013"
Information Location 3:	http://mtstandard.com/news/local/anaconda-jury-finds-man-guilty-of-rape/article_08ba4c68-91e0-11e2-956f-001a4bcf887a.html
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Barney Allen Morse

Charge:

Sexual Assault (includes aggravated)

Sentence:

15 yrs with 10 yrs suspended

Years Imprisoned:

2

Year Crime:

2012

Year Convicted:

2013

Year Cleared:

2015

U.S. State or Country of Crime:

Montana

County or Region of Crime:

Anaconda-Deer Lodge

City of Crime:

Anaconda

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On February 23, 2015 the Montana Supreme Court reversed the trial court's ruling, and granted Morse a new trial. The DA's Office declined to retry Morse, and its motion to dismiss the charge was granted on October 20, 2015."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

61

Age When Released:

63

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"State v. Morse, 2015 MT 51 (Mont: Supreme Court, 2-23-2015) (Reversing conviction and remanding for new trial.)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=1423529450369753632&q=No.+DA+14%E2%80%930052+barney+morse&hl=en&as_sdt=6,48"

Information Source 2:

"Judge dismisses rape charge in 2013 conviction, By Kathleen J. Bryan (Staff reporter), The Montana Standard, October 20, 2015"

Information Location 2:

http://mtstandard.com/news/local/judge-dismisses-rape-charge-in-conviction/article_7a34280f-00a2-5c85-8b1c-4ff024b5eafc.html

Information Source 3:

"Anaconda jury finds man guilty of rape, By By Erin Nicholes (For the TMS), The Montana Standard, March 21, 2013"

Information Location 3:

http://mtstandard.com/news/local/anaconda-jury-finds-man-guilty-of-rape/article_08ba4c68-91e0-11e2-956f-001a4bcf887a.html

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