“Following a verdict of guilt, a defendant has no state or federal constitutional right to bail,” reads a statement from McKean County President Judge John Pavlock in response to an appeal of a bail increase after the conviction of Paul Morrisroe.
Attorney James P. Miller is representing Morrisroe, 40, of Marshburg, in the bail appeal.
Morrisroe was convicted Jan. 26 by a Venango County jury of homicide by motor vehicle while driving under the influence of alcohol and marijuana, fleeing from the scene of an accident involving death and more for the June 2, 2015, hit-and-run crash that caused the death of Dakota Lee Heinaman, 20, of Cyclone.
Following the conviction, McKean County District Attorney Stephanie Vettenburg-Shaffer asked for an increase in Morrisroe’s bail, because of the severity of the sentence and the fact that Morrisroe was convicted of fleeing from the scene and of attempting to conceal his involvement in the fatal crash. Despite objections from Miller, Pavlock increased the bail from $250,000 to $400,000.
Pavlock’s statement, which is a response to the issues under appeal and which is also presented to the state Superior Court, described what was happening in the courtroom at the time as well.
“Attorney Miller was visibly very upset when the court announced its ruling to modify bail,” Pavlock indicated. He noted an exception to the bail, which Pavlock noted. The judge then asked the attorneys if there were any other issues to address. “Despite this indication by the court Attorney Miller, still very upset, immediately began restating his previous arguments regarding bail. Due to the heightened security issues in the courtroom as the verdict had been just issued and many members of the victim’s and the defendant’s families were present, the court concluded that it was necessary to discontinue the proceedings.”
And, Pavlock noted, as he was leaving the courtroom, Miller continued to express his opinion regarding bail. “In the midst of an extremely charged emotional environment, Attorney Miller was outwardly expressing total frustration with the court and refused a direct instruction to discontinue argument,” the judge wrote.
Pavlock said he was worried things would get out of control.
“Therefore, when the argument became repetitive and hostile, the court concluded there was an immediate need to diffuse the situation by recessing,” the judge wrote.
Pavlock also spelled out case law that backs his decision on the bail increase. One citation indicated that a decision on bail after conviction “is left to the discretion of the trial court.”
The factors which Pavlock considered, he wrote, were the severity of the charges Morrisroe had been convicted of; the substantial sentence he was facing; and the “now factually proven actions of fleeing the scene of a fatal accident and attempting to conceal evidence and his involvement.”
Pavlock asked the Superior Court to deny the appeal.
Morrisroe remains jailed on $400,000 bail. He is scheduled for sentencing Feb. 22 in McKean County Court in Smethport.