What Happened to Morgan’s Rights?

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Remember a post I did quite a while ago, that I hoped the men who wear the hats do their jobs?  I’m sure you all wondered what in the world I was talking about…well here it goes.  I was talking about certified, return receipt letters that had gone out to the Garfield County Coroner’s office, with cc’s to the Garfield County Commissioners, the District Attorney’s office, as well as the County Attorney’s office.  After months of trying to speak with our Coroner Trey Holt, and never so much as a call back, I wasn’t too surprised that he didn’t answer my letters, but I honestly thought at least someone in the County would pick up the phone and ask what is going on here.  That didn’t happen either.

So after months, and months of trying to get the Forensic Pathologist Dr. Kurtzman (he did Morgan’s autopsy that was done the afternoon after she was found on the morning of December 2, 2011) to redo Morgan’s death certificate (the original one said that she died from natural causes, and we knew, based upon doctors, and professors at UCLA Medical Center, as well as San Franciso’s Children’s Hospital, her local doctors, as well as the foremost Medical Examiner in Colorado, that this was not the case.  Steve and I consulted with many, many specialists as well as a very well respected Pathologist/Coroner Dr. Michael Dobersen, who had just wrapped up the Aurora theatre shootings, in order to find out the truth behind Morgan’s death.  A healthy 20 year old, with no chronic illness, that had been horribly scared, and stressed by a felony stalker for 4 months straight, does not just up and die, and then Garfield County only releases in their records that a 20 year old female dies an unattended death – what is that supposed to mean?   How is the general public and others in this valley supposed to know what happened?  I am sorry Steve and I didn’t jump into this fight sooner, but we were so shocked and debilitated from losing Morgan that it took a lot to get our power centers back – but we now have them back.  There is no doubt that Morgan died under suspicious circumstances, that is why the autopsy was ordered, due to inadequate investigation at the death scene and everything that followed, this was treated as though some girl that was just enjoying her normal life, and just passed away in her sleep…baloney!  Morgan’s stalker was there that night, and we can prove it.  We are her parents.  We lived in the same house.  We put up 24 hr. video surveillance around the house, and we should have been questioned by the Coroner’s office, and we never were!   Morgan was planning on meeting a friend in the morning for breakfast – it was her last text she ever sent.  And she was planning on going to Frisco, CO to babysit the children of our Military over the weekend, while their parents were at their retreat.  Morgan loved kids.  Morgan had her puppy, and kitty in her room with her…they were her babies, would you commit suicide with your babies lying right next to you? Morgan wouldn’t.  And if the stalker drove her to suicide or an accidental overdose (which didn’t happen) that should have prompted an investigation, but no that never happened.  Under the law, her stalker would still be guilty of murder.  Morgan was happy, and loved life, but she was also stressed, and exhausted from the constant strain of her stalker.  One of the detectives spoke with Morgan at length, on my suggestion, 2 weeks before she died to make sure she was handling the stress OK, and the detective assured me Morgan was fine – she said Morgan used her two point ballet classes per day as a release, and was actually able to talk out her feelings with her ballet teacher Miss K., as well as her friends in ballet 5 days per week, while cooling down from their extreme workout.  The detective said it was the same way she relives stress by being a runner.  Then two days before Morgan was murdered we were in Grand Junction, and on a request from me, Morgan’s doctor took all her vitals and asked Morgan how she was holding up – Morgan told her she was just stressed, and tired from lack of sleep, but also very positive, and hopeful that the stalker would be caught soon, and things would be back to normal…I had said that to her after talking to the detective just the day before, and he had indicated that he was getting the suspects hours next Tuesday, and would overlay them with my timeline.

Now before I tell you the following I would like you to know in the CRS Victims Rights of Colorado it says:

Article II, Section 16a – Rights of Crime Victims

Any person who is a victim of a criminal act, or such person’s designee, legal guardian, or surviving immediate family members if such person is deceased, shall have the right to be heard when relevant, informed, and present at all critical stages of the criminal justice process. All terminology, including the term “critical stages”, shall be defined by the General Assembly.

This did not happen.  Every time I spoke on the phone to Dr. Kurtzman about Morgan’s autopsy (because you see if he puts down natural causes, which he did, then there is absolutely no murder investigation launched – what kind of law enforcement work is this when nothing is investigated, no one asked Steve or I any pertinent questions, possible witnesses were never interviewed, cameras were never reviewed, and I could go on and on.  I would say, “How can a healthy 20 year old that is being horrifically stalked end up dead of natural causes if she had nothing wrong with her?”  He would then give me back a subtle threat, “Only because I did not find any pills, fragments of pills in her stomach, I could not classify her as a suicide or accidental overdose.” Morgan’s tox screen had come back with no alcohol, no illegal drugs, nothing on her labs except a really high level of Amitriptyline.

Steve and I knew she did not take Amitriptyline, we were never asked what prescription drugs, if any Morgan was taking – does this make any sense to you?  His flippant answer was, “the parents are always the last to know.” So after that we went to the pharmacy and had them print out all her medication records, all the way back for two years, and low and behold, no Amitriptyline in the last 1 1/2 years of her life.  We spoke with her doctors and they all concurred that Morgan did not want to take any pills.

  • They need to make it illegal to sell these drugs online.   Every date rapist in the world has easy access to this stuff.   At least make them have to find it on the streets the old fashioned way.

Today we had a reporter contact us that had heard about this website, and blog – and wanted to write an article so the community could know about what happened – he had not heard anything about a stalker or a death due to a stalker in this valley.  He contacted the Coroner’s office, and asked for Morgan’s postmortem examination report – he was told that they had revised it.  He was faxed the report at 12:12 pm this afternoon at the same time as Steve and I.  We have never received a call that they were reclassifying anything until today.  Could it be because they knew we had gone to Dr. Dobersen for a 2nd opinion, and now they had to try and cover their mistakes?  Why didn’t they call or write or email us?  This is NOT VICTIMS RIGHTS!  Morgan’s rights to due process were, and are still being completely trampled.  The suspects rights took precedence over Morgan’s rights, if he didn’t want to be questioned, and he wanted to lie, he was free to do so, it didn’t matter the Detective told us to our faces that there is nothing he could do about it.  This is starting to sound to me like what rape victims years ago (and maybe still sometimes today) have had to go though…get raped by the rapist and then raped all over again by the justice system.

Colorado Victims Rights Laws

§ 24-4.1-302 – Definitions

As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant: (1) “Crime” means any of the following offenses as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile: (cc.1) Stalking, in violation of section 18-9-111(4), C.R.S.;

(6) “Victim’s immediate family” means the spouse, any child by birth or adoption, any stepchild, the parent, the stepparent, a sibling, a legal guardian, significant other, or a lawful representative of the victim. – So Steve and I are also considered victims, and are sure not being treated as such

The last thing I would like to say is this.  If I make a mistake or my kids made mistakes I always believe in confessing to your mistake, apologizing (if you mean it) and never doing it again.  We are all human, not one of us has never made a mistake.  Why couldn’t the Sheriff’s, after realizing the protocol they were using to protect Morgan wasn’t working for 4 months admit it and change up – try something that works?  Really – the stalker came to our house many times a week, we knew where he was going to be (around our house) the only thing we didn’t know is when he would be there. So was a plan that never managed to apprehend him very good…I don’t think so.  According to the National Center for Victims of Violent Crimes: Stalking and Murder go hand in hand.  Stalking is serious, pervasive,and lethal.  Why couldn’t the Forensic Pathologist, after saying he was willing to change Morgan’s PER to reflect that she was murdered, if he was shown sufficient evidence, never opened an investigation – why were her parents the ones that were supposed to investigate?  She had a stalker and died under suspicious circumstances – is that not enough to open an investigation?  Why wouldn’t the Coroner speak with us – we are Morgan’s parents, we deserved at least that.  Is this a pattern of abuse by Garfield County?  I don’t think this only happening to our family.  We need to take back our valley, and make it the beautiful safe place it used to be.  Community involvement, along with law enforcement, and victims rights should be our main objective.

 

 

25 thoughts on “What Happened to Morgan’s Rights?”

    • Toni and I can say we expected this from the coroner but it does little to soften the new searing burn I feel from a recent wound being so cleanly sliced open again. No parent should ever have to lose their child. no parent should ever be threatened by the forensic pathologist that if they don’t back off he will have to revisit suicide. We did not back down from the truth, he did not back down from his threat. Morgan has has been murdered and now has had her manner of death revised in to a suicide. Laws called the Colorado Revised Statutes regulate what will happen next. Toni and I will simply defend our child on a different level from now on. We will also continue to tell the story of her stalking last year…All I ask is that you read it and tell us what you think. We are also planning to share every filing we make on Morgan’s behalf. The way I feel right now even if our lawyers tell us we can’t I still will. I will share everything that happens, truthfully. And as our grief counselor reminds us. We shall do it with love. Toni and I shall turn the other cheek. And we shall stand up with great pride on behalf of our daughter. And we shall ask, where are Morgan’s rights, she is dead, and her stalker/murderer runs free . . . to do it again. Steve

      • Steve, well said. My heart goes out to you and Toni. I just don’t understand the local law (Garfield County). Sounds to me that they are protecting them, possibly one of their own!!!

        • The CURRENT Garfield County Commissioners are scum. They lie to our faces and tell us everything is going to be okay when it will certainly NOT be. All of our lives in this County are at stake… And Im not trying to dramatize or be a fear monger. I was just dealing with them 2 days ago at the Solid Waste Transfer meeting. I knew at that point I was dealing with something much larger than I thought before and I was honestly scared, for my life and everyone in this Community. They are currently changing laws and regulations right under our noses in order to pass things as they please! Regardless of how it will affect the lives and health of our community. I live in Carbondale. I was warned by the owner at Konwaku when I gave him my ID for my credit card that said C I D. He told me your story and I didnt think too much of it, only how it seemed inappropriate to say that to me after a nice dinner with my boyfriend. NOW I KNOW!! And I am so sorry I doubted his warning for a moment. This is incredibly scary. Especially since I live just down the street from where this all took place. I was born in this Valley and have NEVER felt so in danger. My co-workers were talking about this last night and directed me to your blog. I had stop reading last night because I was so terrified. A few weeks ago I had an overwhelming “gut instinct” that someone was watching me at night when I was in the bathroom. Our motion lights go off all the time and I always blamed the trees swaying. This morning I found grease marks on the outside of the window where someone had pressed their nose up to it. I will be reporting this to the police. NO MATTER HOW SERIOUS IT SEEMS. It could be me being hyper-vigilant, maybe I am a NIMBY but I am here to say this MUST STOP. WE HAVE TO PROTECT OURSELVES AND OUR BACK YARDS. All of this is wayyyy tooo close to home. And after reading the comment above I FINALLY had to respond and write…It could VERY WELL BE ONE OF THEIR OWN. Until they get their acts together and catch this fu%$#* I feel unsafe.

  2. I’m confused. Did the coroner just change the cause of death. I keep re-reading this and don’t understand what just happened.

  3. The fact that so many chances to gather evidence, perform interviews, and pursue justice for Morgan (and give both of you the respect you deserve of at least putting forth the effort to do so) were brushed off by law enforcement and the coroner’s office disturbs me beyond reason. The “red tape” from this tragic story can not be defended. I understand most of the officers that interacted with you during this terrifying ordeal had their hands tied, and were probably just as frustrated by this as you, but someone in charge needed to make things happen. People whose job it is to protect the public dropped the ball. And another girl will probably pay the price, if they haven’t already. I think the CBI needs to step in here and perform a proper investigation. I hope someone reaches out to you soon, and that you find peace.

  4. As someone from the valley who has been let down by the police, and publicly doubted, my heart goes out to you. I pray that you find the answers you are seeking.

    • I’m so sorry you have had to be let down too – and I appreciate your heartfelt prayers. I have been doubted many times in my life, and maybe because I’m Italian, or maybe it’s just because I have always believed in myself, Morgan used to say I had a huge ego :), it never really seems to bother me. I trust in my feelings, and I do know Morgan did more in her 20 years (to help others) than I have done in all my 57 years, so now I have decided that I am going to do as much as I can for the rest of my life to help others. I want to make sure the voices that can’t speak out for themselves can be heard through me. I know Morgan would’ve wanted this, and I know I can make her proud.

      • You have already made Morgan proud! By never letting go and being her “voice”, please try to take comfort in the fact that you’re saving lives by telling Morgan’s story. I know I speak for many who are reading this heartbreaking story will help in any way you need us. If there is anything I can do, write to media, politicians, spread Morgan’s story far and wide, I’m here to help.

        My prayers are with you.

  5. Hoping and praying that the ball is rolling and that things are going to start changing soon. I hope your family finds the answers and closure you deserve. Something happened to Morgan and I hope this case is re-opened and SOLVED soon.

    • I doubt Garfield County will ever reopen it, because it is not in their best interest, but we will not stop here…we never give up.

      Thank you so very much for your prayers. I do believe it is because of all the prayers, and positive energy that been sent our way that so many people, from so many walks of life, have offered to help. This has been the greatest gift of all. Every time I feel (even a little) like giving up, someone else offers their help, right at the right time, and right with the exact thing I need. I feel very blessed.

  6. So shocking all unattended deaths are to be autopsied. We didnt get my uncles body back for a few months because of it and this is in Gar Co. I am so sad u have to fight tooth and nail to get justice for your daughter. I admire youre strength and I would love to help in anyway I can. Bless you and your family

    • Thanks Cecelia – sometimes fighting gets to be really exhausting, but I think when you are fighting for something you really believe in, and you know it can help others what else can you do? I would love to just take a hot bath, and cry my eyes out over the loss of my child, but I know Steve and I have to do this for Morgan, as well as for others. It is just not right what is going on in Garfield County – I know there are really good people in the Sheriff’s Department, and I really don’t want to believe that they are all doing what they are told to do, and not what they believe is right. But right now I can’t worry about their own personal journey, they will have to figure that out, and the meantime I have to do what I have to do. Thanks so much for your support!

  8. This is when you and your family have to be stronger than you ever thought possible to make this thing right! No wants to say that they did anything wrong in this “case!” How can they gather anymore evidence in this case when they never even treated it like a case at the time. Non of this makes any sense! It really hits home for everyone because at any given time we know that we can become a victim. You and your husbands still feel like victims every day. How could you ever move on and now with the new press it is opening up your wounds (like Steve said above).
    Stay strong! Remember your instincts now more than ever! We are all there for you!

    Take care of your selves!
    Melissa

  9. Found this:
    Harassment, criminal mischief: At 7:55 p.m. on Aug. 17, deputies responded to a domestic violence incident occurring in the 100 block of Corral Drive outside of Carbondale. ?, 18, of Carbondale, was issued a summons for harassment, domestic violence and criminal mischief.

    Is it possible that the “girlfriend” could have any involvement? Her FB page reveals some info about her. I would make copies of everything before it disappears. Picture of her and K with berm in background, posts about karma, cheating, drugs, etc. Could she have found out about the the stalking and become jealous. She did have a baby with K it seems. I hope this helps to keep eyes looking. Keep up your fight, you are not alone. We want closure for you and your family.

  11. I just wish I could hug you guys. As a 21 year old girl, this is absolutely frightening. Im sick that more hasn’t been done by the police. My thoughts and prayers are with you.. always.

  12. Hi. I used to live in the valley (graduated from Basalt in ’07) and am now a graduate student at CSU. I just heard about this case from a friend of mine from Glenwood. I decided to start reading your blog from the beginning of the stalking, and let me first say that I am so sorry for your loss and this horror you and your family have had to endure. As I was reading this post (I don’t know if you talk about the Amitriptyline in later posts or not so I decided to comment here) I found it very odd that the “very high levels of Amitriptyline” in Morgans blood did not raise a flag. I decided to look up Amitriptyline on the NIH (National Institute of Health) website http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0000666/
    On the page for this drug, it states that a possible side effect rage from drowsiness to irregular heartbeats and tachycardia (rapid heart rate- too rapid of a heart rate can be a heart attack).
    Given the communication that you and your daughter had (I do not know of ANY 20 year old’s that give constant updates to their parents about where they are and what they are doing), I can say that I believe she would have told you she was taking Amitriptyline for depression. It is very easy for someone to get their hands on anti-depressants, whether that is by illegal purchase (buying them on the street or stealing them from someone you know), or even going to the doctor and stating all the things they need to hear to diagnose depression and write a prescription.
    When I read what you posted about the autopsy all my mind was telling me was: “this girl was clearly under stress from this stalking. Her heart rate would have been raised every night. Even if she checked out fine at the doctor during the day, that does not indicate what her heart rate would be at night when she was scared to go to bed because of the stalker. An already high heart rate from fear, mixed with very high doses of a drug that has a common side effect of tachycardia, creates the perfect recipe for a heart attack in a 20 year old woman with perfect health. And unfortunately this dumb a$$ coroner could not piece together this and instead sees it as natural death.”
    This may not have been the intended outcome for the stalker. He may have just wanted to knock her out with the drugs, but murder is murder whether it was intended or not. Personally, I would like to see if any of the suspects had been prescribed Amitriptyline at any point in time before the stalking and murder, or if anyone close to them had. I understand that this would be very difficult information to come by, but I would at least confirm (or rule out) that the stalker obtained the drug with their own prescription.

    • Thanks so much – I just wanted to clarify that the only reason Morgan (our 20 year old) was giving constant updates as to where she was and when she would be home is because she had a dangerous stalker and agreed with us that it would be safer to do that such thing. And yes, not only would she have told us but she would have told her doctor that saw her Wednesday afternoon (she died Thursday night) and at that time her doctor asked her if she could prescribe any medication to help her sleep or feel better because she knew of the stressful situation of the stalker. The doctor told me Morgan said she didn’t like to take pills and she was feeling very positive that the following Tuesday, when the detective got the stalkers hours and he overlaid them with my timeline he would have the final thing he needed to arrest him. Morgan had never in her life been diagnosed with depression, none of her doctors thought she was suicidal. When the first Coroner’s Report came out and said Natural Causes and Steve and I looked into it we were told by numerous specialists that it was not Natural Causes. Then 8 months later after trying to get an investigation open into her death the Coroner changes it to Suicide – I wasn’t shocked because Dr. Dobersen gave us his 2nd opinion and said she did not die from natural causes it was because of this drug in an extremely high liquid level, along with another drug (both on the sexual date rape panel the labs run) and her death needs to be investigated. That has always what we have asked for – an investigation! How do you know none of the suspects took Amitriptyline? i am not an investigator but I did find out that amitriptyline does come in liquid and transdermal form for horses and the horse ranch was right behind our house – considering the dosage would be for a 1200 lb horse and Morgan was only 115 lbs that could contribute to the extremely high liquid dose in her, as well as the other drug is used for horses too. You might be right and they didn’t want to murder her – just get her out of the house, but you are right murder is murder and someone needs to investigate and get all the evidence. You make a good point.

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