“He knew full well that if police did not know about his consumption of marijuana — and not seeing evidence there in the boat — they would not investigate further. Therefore, no further questions about the specifics of the marijuana use, no efforts to confiscate the marijuana nor test its potency, nor to seek a warrant to test Steven Morse for the presence of the drug in his system. And that is just what happened,” Adamopoulos said.
A man who had smoked marijuana with Morse that day later told police about it, so prosecutors were allowed to use his testimony.
Morse was acquitted of six other charges, including manslaughter, and sentenced to five years in a county jail. He was freed on bail after a little over a year while he appeals his conviction.
“He’s always been remorseful about it. He’s never taken this cavalierly. He has a young son himself,” said Michael Jennings, Morse’s trial attorney.
The Supreme Judicial Court will hear arguments Feb. 3.