Jury hears opening statements, but sees none of neo-Nazi tattoos in robbery trial
None of Bayzle Morgan’s neo-Nazi head and neck tattoos was visible to jurors Thursday, as lawyers gave opening statements in his robbery trial.
Covered in makeup from the neck to the top of his head because of a judge’s order, Morgan’s head and face were completely shaved, except for a small, fuzzy patch of blond hair on his chin. He sat quietly in court, wearing a light-blue button-down shirt, navy-blue tie and black slacks.
The victim, Robert Barger, pointed out the defendant in court, but said nothing about a swastika within a clover tattooed below Morgan’s left eye or the words “Baby Nazi” etched on his neck that might have been visible the May 2013 night Morgan is accused of stealing a black and yellow 2008 Suzuki 600 GSX-R.
Deputy District Attorney Rachel O’Halloran told jurors Thursday that the motorcycle was found inside a garage where Morgan was staying when he was arrested later that month. Fingerprints on the motorcycle matched Morgan, she said, and his DNA also was found on a handgun believed to have been used in the robbery.
Defense lawyer Dayvid Figler questioned the credibility of Barger, saying no other witnesses saw the robbery as he described it.
In an effort from prosecutors, defense lawyers and District Judge Richard Scotti to ensure Morgan receives a fair trial, each morning before the proceedings start, a makeup artist is called to court to perform a roughly hourlong makeover on Morgan. Occasionally, the artist will be called back to court for a touch-up.
The makeup is to be scrubbed off before he is returned to the Clark County Detention Center each evening.
County officials said $1,200 has been set aside for the makeover, though more could be allotted if the trial extends past the middle of next week.
The judge handed down the makeup order after members of a previous jury panel said they would not be able to decide the case fairly because of Morgan’s appearance.
By law, jurors are supposed to consider only the facts of the case, not a defendant’s appearance.
The case has since drawn international media attention, mostly because of a courtroom image that showed Morgan in an orange prison jumpsuit covered in tattoos side-by-side with one of the prison etchings concealed.
Jurors also are not allowed to know that Morgan faces a murder charge in connection with the fatal shooting of 75-year-old Jean Main just days before the robbery.
Prosecutors said Morgan broke into the victim’s home in the 8000 block of Green Pasture Avenue, pistol-whipped her over the head so hard that the trigger guard broke into pieces, and then shot her in the back of the head.
If prosecutors secure a robbery conviction, they can use that as an aggravating factor in pursuing the death penalty against Morgan.
Morgan’s capital murder trial is scheduled for next month, when another judge may have to decide whether the tattoos should be covered again. The robbery trial is expected to wrap up next week.
Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Follow @randompoker on Twitter.