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A Rare Perjury Charge for Woman Claiming Domestic Abuse

BROOKSVILLE – It’s not uncommon for litigants of domestic violence cases to lie on official documents, or during a court proceeding; however, in most cases, judges rarely pursue contempt charges against the perjurer.

That isn’t the case for 33-year-old Daniela Morrical, after a near year-long investigation into allegations that she falsified reports and lied under oath, Morrical now faces a felony charge for perjury.

Investigators first opened the case last May, when a woman walked into the Sherriff’s Office and asked to make a report. The complainant, Jessica Holland, met with deputies at the front desk, where she explained that she was just served an Order of Protection for Domestic Violence. The only problem – Holland says she didn’t even know the petitioner. Turns out, contention between an ex-boyfriend resulted in another woman requesting the courts to issue a fraudulent domestic violence injunction against her.

According to reports, Holland discovered the plot through a mutual acquaintance – a woman who Holland says didn’t really like her. That woman, Tracey Brown, contacted Holland and warned her that her ex-boyfriend, Scott Kirkland, was acquiring an injunction to have Holland removed from the home they shared. That very day, May 10th 2015, Holland was served the injunction – forcing her to vacate the residence. The woman making claims of the domestic violence… Daniela Morrical.

Prior the DVI hearing that was scheduled to be held on May 22nd; a Pasco County Deputy contacted Kirkland to serve an injunction, granted to Holland, against him (reasons unknown). During a conversation with the Deputy, Kirkland stated that Holland and Morrical had an affair, and that Morrical claimed Holland was abusive. Holland denies ever having an intimate relationship with Morrical.

On the day of the hearing, Detective Jill Morrell, with the Hernando County Sheriff’s Office met with Judge Stephen Toner in his office. That morning, Toner’s office received a call from Kirkland, stating that he would not be able to attend the hearing, due to being hospitalized in Tampa. Kirkland stated that he was on the 3rd floor, in room 346, at Trinity Hospital. Toner’s secretary contacted Trinity Hospital and learned that Trinity Hospital doesn’t have a third floor and didn’t have a patient by the name of Kirkland. Kirkland later admitted that he lied about being in the hospital.

At 9:00 a.m., the scheduled time of the hearing, Morrical failed to appear, and the case against Holland was dismissed. Holland’s case against Kirkland, which was heard at the same time, was granted.

When detectives began reviewing Morrical’s petition, they noticed that she had listed Holland’s work address as her own work address – which temporarily prevented Holland from going to work. She also listed Holland’s mother’s address and claimed it was Morrical’s school – thus preventing Holland from going there either. She did the same with Holland’s mother’s work address.

Holland believes her break up with Kirkland and a dispute over a vehicle is what led to false reports.

On March 7th 2016, Detective Morrell traveled to the Hillsborough County Jail, where Morrical was incarcerated on unrelated charges, and transported back to Hernando County, where she was booked on one count of Perjury in an Official Proceeding. She remains behind bars at this time – held on a $10,000 bond. If convicted Morrical could face up to 5-years in prison and a $15,000 fine.

It’s unknown at this time if Kirkland will face charges for making false statement.

Many believe the process of acquiring a domestic violence injunction is flawed, because domestic violence cases are civil, and do not require the same burden of proof that criminal cases do. However, the consequences can be just as devastating to the respondent, even if the allegations are proven to be false.

A recent Judiciary Committee, a panel of Florida Judges, reported that up to 80% of all domestic violence injunction petitions are false, and many of those are dismissed.

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Comments
  • I had a coworker we caught stealing get terminated and a week later I was served a petition for domestic violence. They came took every firearm I had and it makes a permanent record. She sent me an online message basically admitting the entire thing was retaliation. I took it to hcso and I had an emergency motion to dismiss the injunction which wasnt granted at that point so did a petition to dismiss based on circumstance and had my firearms returned but no charges were filed against her. I was told I could actually file my own charges with the state attorney office but it was advised against bc she might do something crazier. After my experience I learned you basically need a name and location to file these papers. They get granted with out an investigation. I get the the concept behind them to add criminal prosecution to abusers but in reality they are usually used to abuse the system and when that is determined in most cases the person that lied is generally never held liable.

    Tuesday, 15 March 2016, 7:11 pm
  • Rare is right. That hardly ever happens. It’s good to see.

    Monday, 14 March 2016, 7:34 pm
  • Now I would like to see a judge file perjury charges against cops who lie on the witness stand. They are allowed to lie to criminals when interviewing them but lieing on the witness stand is perjury regardless of who you are. I know that has nothing to do with this story however perjury is perjury.

    Monday, 14 March 2016, 1:55 pm
  • But yet after numerous calls to complain about drug dealing nothing gets done…tell someone you got smacked….all hell breaks loose…DVI….civil court not criminal???…

    Monday, 14 March 2016, 9:22 am
  • WoW… you can’t make up this crap… is this some sort of TV reality show I missed?

    Sunday, 13 March 2016, 8:41 pm
  • @Sandy K., that’s EXACTLY what happened to my son only down in Hillsborough Co. and he’said a Hernando resident. All based on a bogus restraining order issued on pure lies. The petitioner even provided a fake photograph of a car ‘similar’ to my son’s to ‘prove’ that he was there. Only it wasn’t the same make or model. It was just another black car. He drove a Grand Am, the one I the fake pic was a black Honda. And the pic even depicted the tag #. IF the Hillsborough Co. Clerk of the Court had simply run the damn plate in that pic…they could have proved the lie right then and there. But with NO investigations, no questions asked, he was p/u and arrested at his work (lost his job too), and put into custody. He made bail, and I drove him back down to court in Hillsborough only to watch the instigator of all of this violate their OWN restraining order at the damn courthouse! They came after him…but turned it around on him so that he got re-arrested in the damn courtroom! I was a witness to ALL of this. But the stupid Judge would not let me speak. The baliff’s made me leave the court room.
    It was ALL a set up….based on total lies.

    There HAS to be something done soon to hold not only the lying perps committing the fraud responsible, but some one needs to hold the Judges responsible for making SURE the facts are indeed TRUE as stated on these petitions. The Judges should NOT be allowed to just sign off on anything because they’re in a hurry, or don’t want to be bothered. A person’s livelihood, their integrity, their families, and their freedom is at stake. Judges should be punished when they fail to protect the rights of innocent people.

    Sunday, 13 March 2016, 6:18 pm
  • The judge should throw the book at Morrical “AND” Kirkland. Give them the maximum
    time that the law allows in jail, AND the maximum fine the law allows as well..

    This is OUTRAGEOUS that ANYONE CAN GO INTO COURT AND CAUSE AN
    INNOCENT PERSON TO LOSE OR POSSIBLY LOSE THEIR LIVELIHOOD
    TEMPORARILY OR PERMANENTLY, AS WELL AS BEING FORCED OUT OF
    THEIR OWN HOME, ALL BECAUSE TWO PEOPLE GO TO THE COURTS
    AND LIE !!!!

    Sunday, 13 March 2016, 10:51 am
  • lock them all up. they all lied to the courts or police. AND they should have to pay restitution to the courts for wasting the time of the court, police, and anybody else connected to this mess. or go back to jail.

    Sunday, 13 March 2016, 9:49 am
  • Morrical looks like Pee-Wee Herman’s ugly sister!

    Sunday, 13 March 2016, 8:12 am
  • I totally agree with Jayne D Meyer, and I know this woman has an evil twin living in N. Tampa who keeps doing the exact same thing! There SHOULD be dire consequences for people telling such blatant lies to file fraudulent legal documents. And when it comes to light…the state atty. should be MADE to follow through with a full scale investigation. Lies of this magnitude should NEVER go unpunished….

    Sunday, 13 March 2016, 4:45 am
  • Are you kidding me????
    This BIMBO knows the system and using it to her advantage. She went to alot of trouble to stir trouble!!##
    Max sentence & NO EARLY OUT!!!!!
    This is a PERFECT example that things need to change.

    Saturday, 12 March 2016, 10:41 pm

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