Morse defense attorney receives new evidence in Atwater slaying case

California prosecutors on Wednesday said they provided crime-scene diagrams and gunshot residue test results to the attorney representing the Merced County district attorney’s son in a murder case.

Ethan B. Morse, son of Merced District Attorney Larry Morse II, has pleaded not guilty to murder and gang charges in connection with the death of 18-year-old Bernabed Hernandez-Canela, who was one of three people shot and killed March 30, 2013, at a house party in the 9200 block of Westside Boulevard outside Atwater.

The California attorney general’s office is prosecuting the case because of the alleged role of the district attorney’s son.

Morse’s attorney, Kirk McAllister, on Wednesday told Judge Ronald W. Hansen that his office has received the scene diagrams and gunshot residue test results, but it is still waiting for more photographs.

Barton Bowers, the deputy attorney general prosecuting the case, told the judge he would share all case evidence with the defense, including all outstanding photographs, if any exist.

McAllister told the Sun-Star that testing found gunshot residue on Hernandez-Canela’s hand, which McAllister said was an important piece of information that further confirms evidence that Hernandez-Canela fired a gun the night he was killed.

“It confirms evidence that (Hernandez-Canela) was in a shootout that night,” McAllister said.

Forensic experts have testified in previous Merced County homicide cases that a person testing positive for gunshot residue may have fired a gun, but could also have simply been in an environment with gunshot residue and come into contact with gunshot particles.

McAllister declined to say whether any witnesses saw Hernandez-Canela fire a gun that night.

The attorney general’s office declined to comment Wednesday.

McAllister said his office needed to examine the requested items, including additional photographs, before the Nov. 10 preliminary hearing.

“The prosecution has a duty to turn over any evidence that points to the innocence of the person accused,” McAllister said. “We’re glad they produced this evidence even if we had to prepare a motion for them to do so.”

Morse is one of four defendants charged with murder and gang involvement in connection with the deadly party near Atwater.

His co-defendant, Jacob Tellez, 18, is the man authorities believe shot Hernandez-Canela. Tellez has pleaded not guilty.

Defendants Jose L. Botello and Jose M. Carballido, both 19-year-old Atwater residents, have pleaded not guilty to murder and gang charges in connection with the deaths of the other two victims, Samantha Parreira, 16, and Matthew Fisher, 19. Botello, the alleged shooter in the deaths of Parreira and Fisher, has denied involvement, saying he is a victim of a mistaken identity.

Authorities have said the deaths of Fisher and Parreira occurred separate from the death of Hernandez-Canela.

This story was originally published October 29, 2014 at 6:41 PM with the headline "Morse defense attorney receives new evidence in Atwater slaying case."