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American Morning

Attorney for Jose Morales Speaks Out

Aired July 25, 2001 - 10:10   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: We want to get back to our top story that we were with at the top of the hour: the story of Jose Morales, the young man who has been released from prison in New York state after a priest stepped forward and revealed a confession that was given to him some years ago, a confession by a man who said that Jose Morales was not, indeed, involved in a murder for which he has been serving time for 12 years.

With more on the story, we're going to get some more insight now from his attorney, who's been joining us, Jeffrey Pittell, who is in our New York bureau. Mr. Pittell, good morning. Thanks for joining us.

JEFFREY PITTELL, MORALES' ATTORNEY: Good morning, Daryn.

KAGAN: What can you tell us about what Jose Morales is doing with his first full day of freedom?

PITTELL: Well, he's spending his first full day with his 12- year-old son, who he's never visited outside the prison walls. He's with his mother, his sister and his family. They're just enjoying being out in the sunshine.

KAGAN: So yesterday was the first time he actually got to see his son in person without any bars involved?

PITTELL: Right.

KAGAN: Because this boy was born when he was in prison?

PITTELL: He was either born right before he was incarcerated or shortly afterwards.

KAGAN: Let's talk about what went wrong with this case before we talk about what went right this time. This Jose Fornes, the man who allegedly gave the confession, this confession took place years ago, didn't it? Why did it take so long for this to work its way through the courts?

PITTELL: Well, you really have to fault the courts and you have to fault the Bronx district attorney. He came forward with his statement. He made these statements to Mr. Morales' attorney before Mr. Morales was sentenced to 15 years to life. These statements were disclosed to the district attorney and to the court which presided over the trial. But they didn't want to give him a new trial and they didn't want the jury to hear those statements.

KAGAN: And yet Mr. Fornes also talked to his priest, who I think we saw in the piece, who has come forward and revealed what was said in this confession. Isn't that controversial, for a priest to reveal what is said in the privacy of confession?

PITTELL: Well, if it was made in the privacy of confession and it was revealed, yes, it would be highly controversial. But in this particular case it's not even close. It was not made in the context of a confessional in any sense of the word. What happened was Mr. Fornes, who committed the murder, felt terrible about the fact that Mr. Morales and Mr. Montalvo were going to jail for a crime that he committed. He told this to his priest who he had known throughout his childhood and went to his priest not in the context of confessing before god, but seeking how to correct the situation with the courts. And from that point, the priest told him well, if he has the courage, you should go public with it, which is what Mr. Fornes did.

KAGAN: So the system didn't quite work, but meanwhile didn't your client, Mr. Morales, he had a plea bargain put before him. He could have been out of prison in one to three years. He didn't have to serve 12 years.

PITTELL: Well, that's true, but a part of any plea bargain is you have to go before a judge, you have to raise your right hand, you have to swear under oath that you committed the crime and he did not commit the crime so there was no way he could have pleaded guilty.

KAGAN: Meanwhile, I understand he has made good use of his time behind bars.

PITTELL: Yes, he has. I mean he's taken college courses. He has an associate's degree. He's working towards getting a bachelor's degree. He has done as best as he could behind bars.

KAGAN: And his future plans that you know of?

PITTELL: Well, right now the immediate plans is just to be with his family. That's what he wants to do right now.

KAGAN: Does he plan to finish school?

PITTELL: Well, I think he would like to go on with his schooling.

KAGAN: And any plans to file a lawsuit against the State of New York on how this was handled?

PITTELL: Well, it's kind of premature to have those discussions right now. The case is still technically open. We're hoping that the Bronx district attorney looks at this case the way everybody else has looked at it, especially a United States district court judge, and just outright dismisses this case as well as the one against Mr. Montalvo.

KAGAN: Jeffrey Pittell, thank you for joining us. Congratulations to your client.

PITTELL: Thank you.

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