Judge quashes evidentiary motion in Marie Covington abduction case

VIRGINIA BEACH, Va. (WAVY) — Gary Morton, the man accused of abducting and murdering Marie Covington in 2022 appeared in court this morning in Virginia Beach. 

Morton allegedly abducted Covington from her home in Virginia Beach on Aug. 17, taking her to Norfolk where she was shot in the head, and her body dumped. He currently faces charges and upcoming trials in both cities, with Norfolk expected to move forward first. 

Since the alleged abduction and murder took place in two different cities, the Virginia Beach prosecution submitted a motion to use all of the evidence from Morton’s upcoming murder trial in Norfolk in their own case. 

After an extensive presentation of arguments from both sides Wednesday, the Virginia Beach Circuit Court judge denied the motion to allow evidence from the Norfolk case, saying that it was too broad, and that the “prejudicial value outweighs the prohibitive value.” 

One of the key concerns was that a presentation of facts related to a crime in another jurisdiction – Covington’s murder – could confuse the jury or affect their ability to deliver a fair determination. 

The prosecution also mentioned that the Norfolk’s commonwealth’s attorney had also filed a charge of abduction against Morton in relation to the incident. If he’s tried on that charge in one city, the double jeopardy clause of the Fifth Amendment prevents him from being tried on it in another. 

The judge’s order on Wednesday does not block the prosecution from using any evidence from the Norfolk trial, only denies admitting all of it as a whole, and key testimony such as statements Morton made on video to police are expected to be presented in court. 

Both sides will reconvene in a couple weeks to set rules for the upcoming trial in Virginia Beach. 

Morton was convicted on strangulation, abduction, assault and destruction of property charges related to an unrelated 2020 incident in Norfolk.