Former attorney sentenced for theft
A former attorney convicted of stealing $99,000 from two Hopwood couples who used his services to conduct closings on their homes was sentenced to spend up to six years in prison.
Despite testimony from several witnesses asking for leniency on Mark F. Morrison’s behalf, Fayette County Judge Steve P. Leskinen imposed consecutive sentences of 9 to 36 months for two theft charges. He was also sentenced to four years of probation and ordered to make more than $118,000 in restitution.
Because his theft convictions make him eligible for the state’s Recidivism Risk Reduction Incentive program, Morrison will be eligible for release after 13 1/2 months in prison.
Morrison, 53, of Hopwood, conducted closings when George and Donna Dextras and Bernard and Gloria Rakoczy refinanced their homes. However, he never paid off the existing mortgage when the new mortgage company sent him the money to do so.
Several monthly payments were made on the existing mortgage, but eventually, Morrison stopped paying that.
That left the Dextrases facing foreclosure, and Bernard Rakoczy testified he delayed retirement as a coal miner so that he could make both mortgage payments.
The Clients Security Fund, developed to help people who are financially wronged by attorneys, stepped in and paid the balance of the first mortgage for both couples.
“We trusted you, Mr. Morrison, to lead us through this process, and my wife and I entered into a nightmare,” Bernard Rakoczy said in a victim impact statement.
Bernard Rakoczy said he felt Morrison “could care less” about the financial strain and stress he put on the couple by not paying their first mortgage off.
“Mercy is for those who are sorry for their actions. Justice is for those who don’t see the error of their ways. That’s why today, justice will be served,” he said.
George Dextras said the most disturbing thing that occurred to him was his wife and mother-in-law getting a knock on the door and having a deputy sheriff serve them with foreclosure papers.
He was not at home at the time.
Morrison was brought into court on a stretcher because of numerous health ailments, and did not speak on his own behalf before sentencing. However, nine people took the stand to tell Leskinen that Morrison was a generous man and a good friend, who never hesitated to help others.
John Davidson, who had a professional relationship and friendship with Morrison for more than 16 years, said he was shocked to find Morrison getting sentenced for criminal acts, and believed someone else stole the money.
“I can’t believe he’s here. He’s one of the most top-notch guys you’ll ever meet,” Davidson said. “The guilty party’s not here.”
“I’ve never known him to be unkind to anyone or any creature,” veterinarian Dr. William Sheperd said. “In all the years I’ve known him, he’d give the shirt off his back to help someone.”
Attorney Thomas W. Shaffer, who said he has known Morrison since elementary school, said he was “dumbfounded that he’s in the legal position he’s in today.”
Shaffer testified Morrison was a giving man who helped him out when he was starting his legal practice. He testified that after Morrison surrendered his law license, Shaffer took over some of his cases.
In doing so, Shaffer said he had to talk to Morrison and found that his friend’s mental capacity had diminished.
Shaffer asked Leskinen to consider a sentence of house arrest.
Morrison’s attorney, Brian Manchester, told Leskinen that jail “would be way beyond punishment” given his client’s physical and mental states.
State Deputy Attorney General L. Todd Goodwin asked Leskinen to consider the amount of money Morrison stole, and the impact it had on the victims.
“You can’t put a price on the stress both of these families underwent over the years because of his conduct,” Goodwin said. “A failure to punish Mr. Morrison would diminish the seriousness of these crimes.”
Leskinen said that he did not believe that Morrison had cognitive problems, or he would not have twice denied petitions that claimed Morrison was incompetent. The jurist also noted that Morrison did not show remorse.
“What’s clear to the court is Mr. Morrison has never accepted criminal responsibility in both of these cases,” Leskinen said.
He noted that attorneys must have the trust their clients.
“You can’t be an attorney without trust, and one breach of that trust is one too many,” Leskinen said.
He said a sentence of home confinement would be like giving Morrison “essentially no significant consequences.” Morrison is already homebound.
Because the Rakoczys made double mortgage payments over several months and had to retain another lawyer to help them deal with their problems, Leskinen ordered Morrison to make $8,020 in restitution to them.
George Dextras said he spent $2,000 in attorneys’ fees to retain someone to handle the matter. Morrison was ordered to pay that back as well.
Additionally, Morrison will have to make $100,876 in restitution to the Client Security Fund, which paid of both couples’ first mortgage.
Morrison also will have to pay $7,122 for two competency-related evaluations performed by Dr. Bruce Wright on behalf of the prosecution.
In total, Morrison is responsible for $118,017 in restitution.
Morrison, a longtime defense attorney and former county prosecutor, surrendered his law license after the charges were filed in 2006.