Just When Does Stalking Become Stalking?

Morgan seems to be asking why?

I sat and read a law, not my favorite pastime, but sometimes you have to in order to feel like you really know it.  When I came across the “It’s really a felony stalking case” note in my timeline, I showed it to Steve.  He did the math, and said eighty- five days… unbelievable!

So, from the Colorado Revised Statutes I have this to present and the bolding is added by me, to just the parts I thought were important.  But by all means read the whole thing if you are in Colorado:

 

CRS 

A stalker may also develop jealousy and animosity for persons who are in relationships with the victim, including family members, employers and co-workers, and friends, perceiving them as obstacles or as threats to the stalker’s own “relationship” with the victim;

(e) Because stalking involves highly inappropriate intensity, persistence, and possessiveness, it entails great unpredictability and creates great stress and fear for the victim;

(f) Stalking involves severe intrusions on the victim’s personal privacy and autonomy, with an immediate and long-lasting impact on quality of life as well as risks to security and safety of the victim and persons close to the victim, even in the absence of express threats of physical harm.

(2) The general assembly hereby recognizes the seriousness posed by stalking and adopts the provisions of this part 6 with the goal of encouraging and authorizing effective intervention before stalking can escalate into behavior that has even more serious consequences.

A person commits stalking if directly, or indirectly through another person, the person knowingly:

(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or

(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or

(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

(2) For the purposes of this part 6:

(a) Conduct “in connection with” a credible threat means acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat.

(b) “Credible threat” means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person’s safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.

(c) “Immediate family” includes the person’s spouse and the person’s parent, grandparent, sibling, or child.

(d) “Repeated” or “repeatedly” means on more than one occasion.

 

I read it three times now and I don’t see one word about waiting 1 day, let alone 85 days, if you do please let me know.  In fact on the contrary I see words like “seriousness” and “effective intervention” and then the real zinger, “escalate into behavior that has even more serious consequences”.  Morgan’s death was certainly an even more serious consequence.  How much more serious could it have been?  If the general assembly of the State of Colorado can see the connection between stalking and serious consequence, how come the Garfield Sheriff’s department can’t.  It was a “mystery” the day she was killed and it never changed.  A mystery? After 121 days of stalking?  Read it as I might I just don’t see those words in there.  I just don’t think what was allowed to happen to Morgan was what the General Assembly had in mind when they drafted this law.  So if they did not, then who did?

49 thoughts on “Just When Does Stalking Become Stalking?

  1. This absolutely breaks my heart! I am so sorry your family is going through this. In America, this should never happen! (Not that it is okay to happen anywhere.) Do the people involved not have children of their own!? Not sure if ?’s baby is K’s or not, but does ? not have a conscious?! And same with the LE involved in not doing what they took an oath to do….protect Morgan! This makes me sick! Someone needs to stand up and do the right thing! Toni, you are doing exactly what every mother should do for their child so screw all the people that say otherwise! I believe that everyone involved will have to answer to God someday, but I pray you get justice for Morgan before their day of reckoning comes. The FBI needs to take this case and not only go after the stalkers but also the LE and so called Dr. that allowed this to happen. I just find it so hard to believe that of ALL the people involved no one is big enough to stand up and admit wrongdoing and try to make things right. Maybe if these people felt they would be protected they would speak up! Shame on the LE involved!

    • I think there really are some people in this world that are sociopaths and do not have feelings for others – very sad and very scary, but people have to be aware. I agree with what you are saying and we will NEVER give up trying to get justice and help other victims. Thanks for your support!

      • Hi Toni,

        Morgan looks like she is just positively worn out in this picture. I feel so bad for her and you. It infuriates me that no one would help you and listen to you. It is a travesty of justice and something needs to be done! NO ONE should ever have to go through what Morgan and you and Steve and your family went through. I don’t understand how these people can live with themselves. You know that someone has to know who did this. They need to start telling the truth NOW! It seems like Elliot knew something and maybe was even involved in it. It seems like that with all the technology that is available today, that they could find out where Elliot is so that they could question him. And on that subject, why did they not talk to him while it was going on? Such a terrible injustice!!!

        • Both detectives, Glassmire & Alstatt, planned on speaking with him after Morgan’s murder. They were told they better talk to him quickly because he may disappear, but they put it off for a week and when they got to his house he had moved and no one knew where he and his family had gone. That is all it took for them to give up.

  2. Toni is Colorado a “death penalty” State? Because if it is then I hope all 5 of them get fried!!! And go to their eternal destination!!!

    • Luc we’re not a death penalty state and here we are in Garfield County I don’t think we are even an arrest state as seen in this case.

      • Garfield county has made an awful mess of this case, what an embarrassment to those who made bad choices and botched this so badly. You have so many supporters, and people on your side, but the good ol boy crap in this little valley doesn’t extent to far in the world outside of here. Not only should the people who stalked Morgan be arrested, but those who dropped the ball and did nothing need to be held accountable. I simply don’t understand how the felony stalking case was closed because Morgan is gone a crime was STILL committed. OK sorry I vented a little, I read on Wikipedia, Colorado does have the death penalty, we just don’t use it very often???? But they are planning to use it in the case of James Holmes, the Aurora shooter. I pray for peace and justice for you and Steve.

      • That was a good one Toni!!

        All though I have cried reading your blog more times than I can count, this is the first time I actually laughed out loud.

    • Wait, there are five suspects? I am still in the process of reading all of the blog entries, so maybe I haven’t gotten to the one which mentions there being five.

      • Did you read the post – I said we believe there are 4 or 5 suspects involved – involved meaning they had something to do with it – whether it was setting up an alibi for the main suspect, or actually helping him.

  3. Unfreaken believable. Why am I still surprised that the Barney Fifes didn’t realize there is no “timeline” in making something a felony? A felony is a felony,regardless of how many days,weeks or months go past.I am so sorry for you and Steve that you are left to deal with the incompetents that pass as Garfield County law enforcement and other legal head positions.Are you and Steve from there originally? Because you know how “they” have a bias against “outsiders”. Keep digging,keep pushing,keep screaming when you have to,and keep fighting until you get a real shot at justice for Morgan!

    • We have been around since the 70’s but not in Garfield – we were in Pitkin, and I never knew about a bias against outsiders. We will keep digging and pushing and screaming, although the screaming is usually only at ourselves for being so stupid. We are much better now though and i really feel like the next few weeks will be much more successful as well. Thank for your support and take care.

      • Toni my sweet,neither you nor Steven are stupid.Most of us are brought up to trust law enforcement and those in positions of power.We are taught to believe they are working for us and our safety.It isn’t until something horrible happens that we grow up and realize that not all of them are trustworthy,and that some of them are only working for themselves and their own glory and power.But,I do believe most of them are there to help us,and you and Steve WILL find the right ears that will listen.And,when that does happen,it will shake up the ol’boys club,and clean it up.Which in turn can only help the residents of Garfield County in the future,helping prevent other needless deaths there.

  4. Toni, have you contacted a state representative or maybe a state District Attorney about your case? I’m not sure who would be appropriate, but it certainly seems as if the laws were not applied for Morgan, and perhaps you need to go above local heads to have this looked into.

  5. Our DA won’t open it and we haven’t gone to the AG yet but our lawyer has spoken with him. That will be coming up next. We will go all the way to the White House if need by – no worries about that.

    • She was so very tired – her stalker was draining her, and us. We couldn’t even think straight without sleep – no worries we will fight and fight, for her and all others – these predators will have not only us, but all the good people in this world, as well as all others that have passed over, working overtime to catch them and keep them from doing evil to others.

  6. The death penalty was reinstated in Colorado on January 1, 1975. The previous death penalty statute was declared unconstitutional due to the United States Supreme Court Furman v. Georgia ruling in 1972, which found all states’ death penalty statutes unconstitutional. In 1976, Colorado’s new death penalty statutes were approved by the Supreme Court and Colorado was allowed to continue performing executions.

    Only one person was executed by the state of Colorado after the reintroduction of capital punishment.
    Executed person Date of execution.
    Gary Lee Davis 13 October 1997. Lethal injection Roy R. Romer

    • If more than one stalker it is referred to as gang stalking and in this case there were people helping him – you will see soon on the blog.

        • Not editing for them – obviously we can’t change what they said on official reports I’m talking about my edits with the things that were written on the reports that were incorrect that I know of – I don’t know if you have read the inconsistencies in those reports?

    • I have read part. And I can tell you that if it were not my daughters death they would be comical at points. But now they just make me cry.

    • Some of the reports contain small errors, others very large errors. The pill bottles appear full, they are empty, did you ever see a report that says the date on the bottle? Because I have not yet and every pill bottle was at least a year and a half or more old. And in one instance a Deputy asked Steve if he had a certain pill bottle Steve did and went and got it and brought it in and set it on the nightstand. Then the report says the bottle was found on the nightstand, which I suppose is correct but is it really accurately describing the crime scene?

    • I am adding images or links to documents that tell the opposite story. For example a suspicious substance at the crime scene and no substance at the crime lab, can’t be both

      • I haven’t read anything about a crime lab. Can you tell me what you’re referring to? Thanks!

        • I’m curious about Medico (is that the right name?)—do you think they did a good job on the day of Morgan’s death? Were they the ones who collected stuff—I’m not sure what it is that they do.

          • The technical name is Medicolegal. they are trained in medical and legal. They are death scene investigators, for example they would have special medical knowledge to collect prescriptions pills and know the questions to ask, like was this currently prescribed for the deceased? was it an on label or off label use? why is this bottle expired over a year ago? and even look at the pills comparing to a booklet that would allow them to know if it really is the pill that the bottle says it is or say common aspirin transferred from a huge Costco value size bottle into a old pill bottle for carry in a purse. All this knowledge so that the evidence they collect will be legal in court. Hence the name Medicolegal. And if we did have any of these they did a good job of hiding. We did not have inconsistencies, we had flat out contradictions. Do you know how many people have read the police reports and then challenged me on the medications Morgan was taking. I gave up trying to confuse them with the facts, their minds are all made up. Morgan’s medical history is still her private history, but I will say it bears little resemblance to what the Garfield Deputies represent it is.

  7. She looks so tired in that photo, so drained. Unlike the earlier photos of her. I’m so sorry for you loss and how all of this wore on her for the last months of her life. <3

  8. Allow me to note, that could very well have been a “tool” that was used. Pardon me if I’m wrong, but I know my generation doesn’t use those. Not to mention, have them in our possession..

    • Britt you have sent that before but I have been instructed to no longer approve any comment with a link in it – it’s in the decorum but the links can change to something different from what I saw originally when I approved it – if you just send me a tip allowing use of the image I can cut and paste it – OK? I know it seems strange but that is the legal world now that we live it. Thanks for your help!

  9. I posted earlier on here, at night, so there were plenty of typos, but what is outlined here is correct. The person who stalked me who is in jail for murder called my dad everyday. I know it was in efforts to coerce me into a relationship w him by getting my dad on his side and making up stories about what I do when out w friends. He also talked to professors about me. I never gave him any indication of my classes, so i know he followed me to class. My professors approached me. They informed me someone was coming to them asking them questions about me.They thought it was odd, and told me to take care of myself. I am also a smoker. He knew that. When I would go into buildings, i’d put my things down, and grab a smoke rq. He would be standing behind me after i was out the door and saying, “you know you can’t hide from me right?” I’m also not the woman who also identifies herself as H. I have been doing that for yrs. But anyhow, in retrospect, if i would have taken it more seriously, maybe there wouldn’t be a murder. But at the same time, the person was expelled from the university for beating someone so badly in his class that he’s never spoken to, that he required plastic surgery.

  10. It is astounding how much physical evidence you had from the beginning and how little was done to intervene. The law states “or places under surveillance”…..wow, if your state was not able to provide protection with the mounting evidence how on earth would any protection be given if you are being spied on by cameras, GPS, or listening devices! With today’s vast technogy devices so easily available on the market there’s no chance in heaven they can catch, detain, try or prove who did the “surveillance” stalking. It’s near impossible. even if you do find tapping or videotaping evidence how is one to say who did it?! Stalkers have never had it so easy. If law enforcement can’t protect citizens that clearly show physical stalking evidence, how can they help someone who suffers from the more covert stalking methods?!! And this is more common than not. I know. I have been living with it. Police just look at you like your crazy—even if you show them the tape, or others validate your experiences with their own while staying with you. FIVE adults willing to testify including a private investigator. ZERO law enforcement willing to listen or take it seriously until “more” evidence is shown—by then it’s too late. There’s got be a better way. We need to wake up! Stalking is very real and incredibly dangerous and suffocating. New laws and training needs to be provided to protect society from this evil. It doesn’t just end. It escalates.

    • Thank you Kathy for participating and giving your own personal experiences as well. I think it really will help in the long run to have all the voices, and experiences of other stalking victims tell their story, so law enforcement can see us as a unite front that is clearly showing them what needs to be done to save lives. Take care!

      • What is the picture with a magnifying glass in it? I’m sorry but I don’t understand.

        • It looks just like a “feeding tube” that we believe was used to put the drugs in Morgan’s stomach after she was already dead…almost like Brooke Harris was boasting in the picture she posted the very morning we found Morgan’s body.

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