Case Against Killer Of Gay Man Imperiled By Lack of NYPD Miranda Warnings

It was two years ago next week that thousands of LGBT New Yorkers poured into the streets to protest the senseless murder of Mark Carson, 32, [photo], who was shot point-blank in the head after he said "yes" when asked if he was gay. The suspected killer, Elliot Morales, then 33, was apprehended immediately and reportedly laughed and boasted about the murder to the arresting officers. In August 2014 the New York County District Attorney's office declared that they would not be offering a plea deal to Morales, who faces life imprisonment without parole.

Today we learn that Morales' confession might be thrown out. Duncan Osborne reports at Gay City News:

A number of statements made to police and a prosecutor by the accused killer of Mark Carson may be thrown out because police failed to give Elliot Morales his Miranda warnings and the assistant district attorney who took Morales’ videotaped statement ignored both his request to remain silent and his refusal to answer questions. “You’re obviously aware that there are some problems with the question and answer session,” Judge Charles H. Solomon told Shannon Lucey, the assistant district attorney who is prosecuting the case, during a May 11 hearing on the admissibility of evidence in the case. Once Morales was in police custody, law enforcement was required to inform Morales of his right to remain silent, his right to an attorney, and other Miranda rights if they wanted to use any statements he made at a later trial. His attorney, Gary Sunden, said police began questioning Morales soon after he was in handcuffs. “There were questions put to Mr. Morales, on the ground, face down,” Sunden said during the hearing. “At the time of all of these alleged statements, no Miranda warnings had been given to Mr. Morales.”

Osborne notes that the case against Morales remains strong due to his possession of the murder weapon and the statements of eyewitnesses. Hit the link for much more.

NEW YORK CITY: Prosecutors Say "No Plea Deal" For Murderer Of Gay Man

In May 2013, Elliot Morales (left) chased Mark Carson, 32, out of a West Village restaurant and shot him point-blank in the head after calling him a "faggot." Last week New York City prosecutors declared that they will never agree to a lesser sentence in return for a guilty plea.

“I can assure you there is not now or will there ever be an offer made to this gentleman regarding this case,” Assistant District Attorney Joan Iluzzi-Orbon said Wednesday at a Manhattan Supreme Court hearing for Elliot Morales, 33. Morales — who’s charged with murder as a hate crime for allegedly shouting “Look at these faggots” before shooting dead Mark Carson, 32, in Greenwich Village — has had two court appointed attorneys since his May 2013 arrest. But the alleged hatemonger claims they were all unable to do their job and even filed complaints against three defense attorneys involved in the case. Justice Charles Solomon appointed new lawyer Glenn Hardy Wednesday.

Elliot Morales faces a potential sentence of life in prison without the possibility of parole.

PREVIOUSLY ON JMG: At the time of his arrest, Morales reportedly laughed and boasted to the NYPD about shooting Carson. Despite that confession, he later pleaded not guilty and laid the groundwork for an insanity defense by claiming the he had been sexually molested as a child. In addition to the Taurus .38 revolver used to kill Carson, a search of Morales' home found what police described as a "Serbian-made Zastava assault weapon." Two days after the murder, thousands of New Yorkers poured into the streets for a massive vigil march in Carson's memory. Even hate group leaders such as Tony Perkins and Brian Brown denounced Carson's murder, although Breitbart and Matt Barber predictably claimed the murder was being "politicized" in order to promote gay rights. The shooting of Mark Carson came amidst a terrifying spree of violent anti-gay hate crimes across New York City, prompting then-Mayor Michael Bloomberg and NYPD Chief Ray Kelly to hold a joint press conference regarding stepped-up police patrols in gay neighborhoods such as the West Village.

NEW YORK CITY: Lawyer For Killer Of Mark Carson To Present Insanity Defense

The lawyer for Elliot Morales, the man who murdered Mark Carson on a West Village street corner in May, said yesterday that he intends to present an insanity defense.

Court-appointed defense lawyer Kevin Canfield served notice that he intends to present psychiatric evidence at trial. "It could be temporary insanity," Canfield told reporters, declining to describe Morales' reported mental state at the time of the alleged crime. It was not immediately known whether Morales had any known mental health problems prior to the killing. Morales, 33, did not speak during the brief court appearance but appeared somber, sporting a shaved head, gray shirt and tie and wire-rimmed glasses. He was indicted in May on charges of murder as a hate crime, criminal possession of a weapon and menacing. Morales is due back in court Sept. 13 and is being held on Rikers Island without bail.

At the time of his arrest, police and prosecutors say that Morales repeatedly boasted about the murder.

Mark Carson's Killer Pleads Not Guilty

Even though he repeatedly boasted about the crime at the time of his arrest, today Elliot Morales (left) pleaded not guilty to the hate crime murder of Mark Carson, who was shot in the face on a West Village street last month.

"He thought he was tough, and I shot him. It's the last thing he'll remember," Elliot Morales, 33, told cops according to court documents released at his arraignment Tuesday. "Guy thought he was tough in front of his bitch so I shot him. Diagnosis is dead, doctor." The disturbed suspect shook his head as the charges of second degree murder as a hate crime, menacing a police officer and criminal possession of a weapon were read out in Manhattan criminal court. He pleaded not guilty. "This young man's tragic death serves as a reminder of the discrimination that many of our family members, coworkers and friends still face," Manhattan District Attorney Cyrus Vance said.

The above-linked report adds that no friends or family appeared in court to support Morales, who was remanded to Rikers Island.  After his May 23rd grand jury indictment, the lawyer for Morales hinted at an insanity defense, adding the claim that Morales had been sexually abused by a "male authority figure" when he was a child.  The Daily News played into that today by reporting that Morales' "insanity was evident during his interrogation" because he threatened to murder "the first bitch cop I see" if his handcuffs were to be removed.

NEW YORK CITY: Grand Jury Indicts Elliot Morales For Murder Of Mark Carson, Lawyer Claims Morales Was Sexually Abused As A Child

This afternoon a New York City grand jury formally indicted Elliot Morales (left) for the murder of Mark Carson. Multiple charges include second-degree murder as a hate crime. Morales' lawyer pleaded "not guilty" even though Morales bragged about the murder during his arrest.

The lawyer, Kevin Michael Canfield, later said Morales is not guilty of the slaying and is "devastated by the charges." "He didn't murder anybody," Canfield said, suggesting there were other factors at play. "He was sexually abused as a child by a male authority figure which led to a lifetime of alcoholism and drug abuse," Canfield told the Daily News, adding, "It's a terrible tragedy." "Look at you faggots, you look like gay wrestlers," Morales allegedly told victim Mark Carson and his friend minutes before policed say he shot Mark Carson, 32, in the head. Authorities said he callously laughed as he confessed to the random killing. His gleeful expression came as he allegedly told investigators, "I shot him in the face."

The Daily News notes that members of Carson's family were in the courtroom as the indictment was issued. Morales is being held without bail at Rikers.

NYC Prosecutors: Killer Of Mark Carson Laughed And Boasted To Cops

New York City prosecutors reported yesterday that the killer of Mark Carson laughed and boasted about his crime during his arrest.

“Yeah, I shot him in the head,” sneered Elliot Morales, 33, while “laughing on the ground” when cops were handcuffing him for shooting Mark Carson, 32, early Saturday morning. Morales today was held without bail on charges of second-degree murder as a hate crime, menacing and two counts of criminal possession of a weapon, court records show. He is accused of harassing Carson and a pal while they were walking on Sixth Avenue near West Eighth Street around midnight on Saturday. “Look at these faggots,” said Morales, who was accompanied by two friends, according to police.

The New York Times reports that Morales is now claiming to have no memory of the murder.

Mr. Morales’s sister, Edith Gutierrez, said she did not believe he could have committed a bias crime — they have relatives who are gay, she said, and Mr. Morales had shown no signs of homophobia. She also said that when Mr. Morales telephoned her from jail on Sunday, “he said he doesn’t remember anything; he was under the influence, he was drinking.” Mr. Morales, 33, said nothing at his arraignment in Manhattan Criminal Court on Sunday. Judge Robert Stolz ordered him held without bail and scheduled another hearing for Thursday.

Although only 33 years-old, Morales has already spent ten years in prison on a robbery conviction. Police are questioning Morales' two companions on the night of the murder and say that the men are "cooperating witnesses" and not suspected accomplices.

VERY RELATED: Carson was killed with a Taurus six-shot .38 revolver. On its website, Taurus notes that such guns come with a "free one year NRA membership." Dealers sell the weapon for $300. New York City detectives report finding a second gun during a search of Morales' home and described it as a "Serbian-made Zastava assault weapon."

Zastava sells numerous military-grade weapons, including machine guns, submachine guns, and "automatic grenade launchers."

Wikipedia describes the Zastava M21 assault rifle: "It has a magazine capacity of 30 rounds. The cyclic rate of fire is 680 rounds per minute, and the sustained rate of fire is 120 rounds/min."

Prior to murdering Mark Carson, Morales made a bizarre claim to a West Village bartender, telling him, "Don't you know I'm wanted? Do you know about the shooting in Sandy Hook?" The NYPD and the FBI are surely investigating what else Morales may have been planning.