Wife killing defendant wants case tossed

Morrow is scheduled to begin a murder trial Jan. 17 — more than 14 years after he allegedly murdered his wife, Donna, and buried her body on his Los Gatos property and fled to the Philippines. Authorities did not indict Morrow for murder until after his wife’s remains were found in Fall 2003, leaving a dozen-year gap that defense attorney Robert Courshon argues is against the speedy trial and due process afforded a criminal defendant.

On Monday morning, Courshon and Chief Deputy District Attorney Steve Wagstaffe began hashing out the intricacies of Morrow’s request to dismiss his case altogether. As Morrow watched quietly from the jury box, the attorneys argued over whether the clock for prosecution began ticking with the October 1997 arrest warrant or the November 2003 indictment. Judge Craig Parson said the two issues to be decided are if there was an overwhelming delay in prosecuting Morrow and, if so, whether it was prejudicial.

In January 2004, Morrow was formally arrested and charged with murder for financial gain, making it a special circumstance case that will send Morrow to prison for life if convicted. Prosecutors decided against seeking the death penalty. Morrow has pleaded not guilty to all charges and has been in custody on no-bail status.

Donna Morrow disappeared from the couple’s home a few days before Christmas in 1991. Joseph Morrow fled first to Colorado and eventually the Philippines from where he was eventually extradited on a $10 million arrest warrant. Authorities sought Morrow on a theft charge from Santa Clara County before his wife’s body was found and amended it to include murder after confirming her remains.

Courshon claims shoddy police work left Donna Morrow’s body undiscovered until it was too late to determine a cause of death. If officers had not failed, he hopes to prove, Morrow would have either been cleared or not been given a wide enough window of opportunity to leave the country.

Wagstaffe must prove that Menlo Park police work was not at fault and that Morrow’s disappearance did create a legitimate delay to prosecution.

Both sides plan to call multiple witnesses during the hearings and the defense is still awaiting genetic testing results, Courshon said.

The motions are expected to last at least a few days and may be stretched out until the jury trial.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.