Wednesday, September 02, 2009

TILL DEATH DO US PART

LOVE BIRDS MAY GO TO PRISON TOGETHER
By Bob Walsh

PacoVilla’s Corrections blog
September 1, 2009

We all knew it would happen some time. It may be happening soon. Jorge Morgan and Robert Morgan are both accused of murder in San Joaquin County. That in an of itself may not be that interesting. However, they are not brothers or cousins, they are a legally married couple on trial together.

The initial question is one of seating in court. They have requested to sit next to each other in court, in order to coordinate their defense. The prosecution has objected. They are currently separated by two empty chairs.

They two men, age 24 and 39, are accused of the murder and robbery of Cynthia Ramos, age 58, who was murdered in her residence at the Green Oaks Mobile Home Park in Tracy on August 6.

The prosecution is also objecting to housing the two men together in jail, citing the federal Prison Rape Elimination Act of 2003. This federal law prohibits inmates at risk of having sex from being housed together. The law did not consider the possibility of legally married homosexual couples at the time it was passed and does not speak to them in any fashion.

One way or the other, this case will make some law. Might just as well be now as later I suppose.

2 comments:

Centurion said...
This comment has been removed by the author.
Centurion said...

This does pose a thorny problem. California does not, as a rule, assign crime partners to the same institution. Having said that, I have witnessed more than one father/son reunion behind the walls, and I can also recall a set of twins who were celled together.