Trial date extended in waterboarding case

The trial of a man accused of using waterboarding to discipline his 11-year-old daughter will be delayed, according to court documents.

Melvin Morse pleaded not guilty to felony charges of first-degree reckless endangerment, Nov. 7.  His new trial date has not yet been set.

Morse’s attorney, Joe Hurley, filed a motion asking the court to reschedule Morse's Monday, Feb. 11 trial.  Hurley said the proceedings should begin no sooner than Thursday, April 4, to give him adequate time to sift through discovery materials and to allow time for negative feelings about Morse to wane before jurors are selected.

Hurley said the Bradley Syndrome, a term he claims to have coined himself, would make it difficult to find jurors who do not already hold a negative view of Morse.  Hurley explains the Bradley Syndrome refers to rage directed towards individuals believed to have committed particularly heinous acts, such as Lewes pedophile Earl Bradley, a former pediatrician convicted of rape and exploitation of young patients.

“The first reason offered by the defendant seeking a delayed scheduling of the trial is an attempt to attenuate the emotional eruption that attaches to an event at the time of its occurrence and, hopefully, diminishes with the passage of time,” Hurley wrote.

“To suggest that jurors will be available at this point, a mere three months after the release and rupture of intensely negative publicity, would not have or hold a negative view of Dr. Morse is as likely as find the proverbial needle in the haystack,” he wrote.

Hurley also says the chance of being granted a change of venue in Delaware is virtually nonexistent.

Morse’s attorney also said the state has provided between 15 and 20 hours of digital interviews with witnesses.  “Each and every one of those must be carefully analyzed by counsel multiple times, and counsel must summarize the same as well.  This process will take on estimate no less than 50 hours of counsel’s time,” Hurley wrote.

Hurley said after all materials have been reviewed, he plans to schedule a forensic psychiatric evaluation of Morse.  “It should be noted that the evaluation is not being sought with an eye toward considering in any way, shape or form that a mental illness defense would be presented,” Hurley wrote.

The Superior Court granted Hurley's motion Dec. 6.

Hurley is also representing Georgetown resident Eric Bodenweiser, a former Republican Senate candidate accused of raping a young boy more than 20 years ago.

Morse, a former Milton pediatrician, and his wife, Pauline Morse, who police said witnessed the abuse and failed to stop her husband, were arrested at their home Aug. 7. Both face felony counts of endangering the welfare of a child, felony conspiracy and other charges.

State police say an investigation of the Morses began after detectives learned about a July 12 incident when police say Morse, 58, grabbed his 11-year-old child by the ankle and began dragging her across a gravel driveway at their residence on Lewes-Georgetown Highway.

Police say when the victim was interviewed, she told detectives that in four instances over a two-year period she was disciplined using what Morse had called “waterboarding.”  The victim said Morse held her face under a running faucet, causing water to go up her nose and all over her face.

Both Melvin Morse and Pauline Morse were out on bail just days after their arrest. As a condition of their release, neither parent is allowed to contact either of their daughters, ages 11 and 5, who are in foster care.

Melvin and Pauline Morse’s attorneys waived a preliminary hearing in Court of Common Pleas Aug. 16, moving the case to Superior Court.  Pauline Morse, who is represented by public defender Dean Johnson, pleaded not guilty to the charges against her Oct. 18.  Her trial date is also currently set for Monday, Feb. 11.