Murder case to move forward

Dec. 3—Kimberly M. Morrison was bound over to district court for first-degree murder charges in the death of her father, Kenneth Morrison.

The 54-year-old Lewiston woman appeared Friday before Magistrate Judge Sunil Ramalingam at the Nez Perce County Courthouse for the preliminary hearing. After testimony from one witness, Lewiston police Detective Joe Stormes, Ramalingam determined there was enough evidence to have Kimberly Morrison arraigned on the charges Wednesday.

Kay Morrison, who also is charged with first-degree murder in the case, was at the courthouse for her preliminary hearing but didn't make an appearance before the judge. The 81-year-old Lewiston woman was in a wheelchair and was taken out of the courtroom before the preliminary hearing for her daughter, Kimberly Morrison, took place. Her attorneys, Greg Rauch, Lawrence Moran and Payden Ard, also were present at the courtroom during the preliminary hearing. Kay Morrison's next court date is scheduled for Friday.

According to the probable cause affidavit, an investigation allegedly showed the two played a part in drugging, suffocating and burning the body of 87-year-old Kenneth Morrison in their home. Kenneth Morrison is the father of Kimberly Morrison and the ex-husband of Kay Morrison.

The maximum penalty for the charges are life in prison or the death penalty, and/or a $50,000 fine.

During questioning by chief deputy prosecutor April Smith, Stormes testified he became involved with the case in March when Kenneth Morrison was reported missing. Stormes first contacted local airports and bus stations to see if Kenneth Morrison had left the area. However, he was unable to find him.

A search warrant was conducted Aug. 16 at Harvest Road in Lewiston, the home of Kimberly Morrison and Kay Morrison and was where Kenneth Morrison lived at the time of his disappearance.

During the search, Kay Morrison and Kimberly Morrison were taken to the Lewiston Police Department and interviewed. Stormes testified that Kimberly Morrison first stated that she didn't know where her father was and later said her boyfriend was involved in the disappearance of her father.

Stormes then confronted Kimberly Morrison about text messages between her and her mother, Kay Morrison. Stormes testified that Kimberly Morrison said the messages were incriminating, but they didn't follow through with the plan to kill Kenneth Morrison. She allegedly confessed that Kenneth Morrison was dosed with Lorazepam, a sedative, as well as liquid morphine.

When she was questioned further, Stormes testified Kimberley Morrison said that on the day of Jan. 6, Kay Morrison had Kenneth Morrison's arms taped to a wheelchair in a bedroom of the home and Kimberly Morrison confessed to taping his leg. Kay Morrison put a plastic bag, possibly a turkey roaster bag, over Kenneth Morrison's head. Stormes said that Kimberly Morrison discussed the type of bag used and determined a grocery bag was too porous and wouldn't work because she had tried it herself by putting a bag over her head.

Stormes testified that Kimberly Morrison told him that when Kenneth Morrison stopped moving, his body was left in the room for a couple hours before she took his body outside. She placed his body on a drop cloth and took it to a shop and left the body there for two to three days. She then burned the body by using a car hood as a fire pan and placed brush and tree stumps around the body. The vehicle was underneath a power line, so she used a chain to move the vehicle from underneath the power line. Stormes said that Kimberly Morrison burned the body 15 times and that she "continued to burn the same pile over and over. She just burned it."

Stormes later went to the residence as the search warrant was being conducted by the FBI and found a burned car hood in the area described by Kimberly Morrison. The dirt was examined using a shifter to search for bone material. Stormes testified that material was found that was suspected to be a burned bone fragment. Smith presented photos of the area and the possible bone fragment to Stormes, who confirmed that it was where law enforcement searched and the suspected bone fragment that was found.

Public defender Rick Cuddihy objected to the relevance of the suspected bone fragment, saying that unless it is tested and identified as being from Kenneth Morrison, the evidence is irrelevant. However, Ramalingam allowed the photos to be used as evidence based on arguments from Smith that it came from the area where the body was allegedly burned.

During cross-examination, Cuddihy asked Stormes about incidents in which Kenneth Morrison threatened violence to family members, which was allowed over the objection of Smith. Stormes testified that Kenneth Morrison had a firearm that he threatened to use against Kay Morrison or Kimberly Morrison and that he possibly had dementia.

Cuddihy also questioned if Kenneth Morrison or his body had been found.

"I'm still waiting for results on whether or not we found him," Stormes said, referring to the possible bone fragment. "Whether what we found is him."

After the testimony, Smith requested that Kimberly Morrison be bound over on first-degree murder charges based on the testimony of Stormes and evidence presented in court.

Ramalingam questioned why Kimberly Morrison was being charged for first-degree murder if it was Kay Morrison who placed the bag on Kenneth Morrison's head, which is the act that killed him. Smith cited case law to justify the first-degree murder charge for all defendants who acted in the crime.

Ramalingam also said the material found can't be confirmed as a bone fragment at this stage.

"I know you think you can, I'm telling you I can't," Ramalingam said to Smith regarding the identity of the material as bone. "Those look like bones to me, but I was a (sociology) major."

Cuddihy also took issue with those two elements of the case presented by the prosecution concerning the charge of first-degree murder for the role Kimberly Morrison allegedly had in the death of Kenneth Morrison and the identity of the material found.

"Well it seems like the court has made most of my argument," he said. "I've seen burnt bone before, judge, and that's not burnt bone."

However, Ramalingam ruled there was enough evidence to move the case forward. Although he said the prosecution met the burden of proof for the preliminary hearing, more evidence will be needed, especially evidence of the body like a confirmed bone fragment.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.