By RICARDO WELLS
Tribune Staff Reporter
rwells@tribunemedia.net
THE Court of Appeal has quashed the murder conviction of a man sentenced to almost 40 years in prison for murdering a retired physician in his Long Island home.
In a ruling published to the court’s website this week, the Court of Appeal ruled that Moses Morris, 46, be retried for the murder of Dr Harry Harding.
Morris pleaded guilty to the charge of murder, but his lawyer, Damien White, later suggested his client intended to plead guilty to the lesser charge of manslaughter.
White did not appear for Morris on the date of his initial plea.
At his first appearance for Morris, Mr White informed the court that he had been in discussions with the Crown for Morris to plead guilty to manslaughter.
However, despite this indication, trial judge Justice Cheryl Grant-Thompson, denied the request for a change of plea.
Mrs Grant-Thompson refused the application on the basis that Morris still accepted guilt, ultimately indicating that she could take Morris’ position into account during sentencing.
Court of Appeal Justice Jon Isaacs, who delivered the decision in the case, said based on the evidence that would have been brought at trial, there could have been a case made for a partial excuse as presented in section 290 of the Penal Code.
The section notes that an appellant may have the benefit of having the jury consider a manslaughter by reason of provocation verdict as an alternative to the charge of murder.
According to initial reports, shortly before noon on the day in question, police in Long Island received a report that a man had been found dead at his home in Clarence Town. When they arrived, they found the lifeless body of Dr Harding with multiple stab wounds in his body.
Dr Harding, who owned a vacation home in Long Island, was pronounced dead at the scene.
In a confession to police, Morris alleged that he often sold conch pearls to Harding, which the victim in turn would sell online at inflated rates.
Morris said on the day of the murder, Dr Harding called him to collect payment for eight pearls he had sold to him.
However, payment was never made and the two got into a physical confrontation.
Morris said he became angry after Dr Harding swung at him.
Morris said during the altercation he took a knife from the kitchen and stabbed Dr Harding multiple times.
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