Friday, April 20, 2012 – A few moments with Morgan’s contracted Forensic Pathologist

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Today (last year) Dr. Kurtzman called me, by now the doctors, and professors at UCLA Medical Center had come to the conclusion that Dr. Kurtzman was not receptive at all to established medical fact.  He started the conversation by stating he cannot reclassify Morgan’s death at this time to anything, but natural causes because unless he knows for sure that she didn’t have Porphyria he can’t rule that out, and it could have killed her, even if I did not want to, “admit that”.  I was never really quite sure what he mean by that statement.

I told Dr. Kurtzman facts that doctors far more qualified to talk about Morgan medically already had.  I told him Morgan was never diagnosed with it, and then he said I was forgetting that she took Amitriptyline for her Porphyria.  I told him that was completely false.  I went on to correct the history of Morgan’s medications, and offered to get pharmacy records, her doctor’s records.  I did not question why he had not requested any of this most basic medical information for Morgan before concluding her autopsy based upon completely missing and erroneous information.  My goal was to perhaps introduce one piece of evidence at a time for him, he was very touchy if questioned about anything he had done.  Dr. Kurtzman again told me that of course she was talking Amitriptyline, it was in her labs.

I openly ask the world at this point a few things.  Sheriff’s reports, hundreds and hundreds of pages, not seventy-five, include multiple medications they say Morgan was taking, that she was not, and were not found in her “labs” either.  The Sheriff’s reports also include the condition she was taking the prescription medications for, which she was not even taking, and she never took medications for the condition they are saying she took them for, she had never been diagnosed with any of those conditions, so:

  1. Why are Sheriffs trying to compile a list of the medications that Morgan was taking, they have no right under state or federal law to access any of her actual records, in fact they are completely barred from accessing her records.  Yet they write reports as to what medications Morgan was taking, and purport to know why.  And I should not have to say this because I believe they are in violation of her HIPAA rights, but they are completely wrong about what prescriptions she took, completely wrong about what conditions she might have had, and obviously not being doctors they do not have the expertise to make these statements in their report…but that didn’t stop them, they did it anyway.
  2. I do not know if their reports were used by the Coroner or his contracted pathologist to arrive at important conclusions.  But I certainly hope that is not the case.  As we all know the Coroner or his contracted pathologist will never answer any of this so what sane way do we have to deal with these people?  Especially when they refuse to treat victims with dignity and respect.  What am I left to do about Morgan’s victims rights?
  3. Why is the contacted pathologist so hung up on a condition she never had?  You would think that if we put him in touch with her doctors, who knows she never had the Condition he is stating caused her to die from natural causes, then we could move on, but no that is not possible.  Can’t let any truth seep in here.
  4. Is there any wonder why the Honorable District Attorney feels the Sheriff’s Department has so thoroughly botched the crime scene investigation that they are not sure what can be done?        

Back to the conversation with Kurtzman, I asked him what it was going to take to move on from this Porphyria endless loop.  He said if we had her blood genetically tested, of course this would have to be at our expense, to prove she did not have Porphyria then he could take that off of his report. He said he cannot take the word of a doctor or doctors in this case anymore, that he would need to get information from another pathologist, preferably from the State of Colorado.  He said unless a pathologist tells him that she could have died from death by fright he can’t put that down on her death certificate.  He said she would need an underlying malady like QT syndrome, and then he gave me the name of a lab to look up that could do the testing, also at our expense.  He said an underlying malady could make her prone to sudden death.

He said her full manner of death is cardiac & pulmonary edema.  I did not mention that he wrote pulmonary edema on the original autopsy report.  He said the cause can’t be changed at this time.  I asked about the Amitriptyline numbers and he started to talk about Post-mortem redistribution and then got vague again.  He said once again that he found no pills or fragments of pills in Morgan’s stomach so he could not say her death was a suicide or accidental overdose.  There is a disturbing trend that whenever I mention during this conversation about Porphyria never being a diagnosis and that it should come off of his, “Natural Causes”, conclusion he brings up Amitriptyline and the specter of the very high numbers, and that he could have looked at suicide or accidental overdose except that they were not pills in her stomach.

He then went into all of the various ways we could use genetic testing to  establish sudden death.  I asked him if he tested for poisons – he said the testing is very expensive, so there are things they do not test for unless instructed to such as cyanide, etc.

Th conversation was ending and I summarized by saying, Dr. Kurtzman, “so my job this week is to get the hospital results from Children’s Hospital to see if Morgan ever had an EKG and to look up on the Internet the Labs you just told me about to see what the costs are for the testing and discuss with my husband and decide if we can afford to have her remaining blood sample tested for these genetic things that we just discussed to rule in or out and then get back to you by the end of this week.”  Dr. Kurtzman said yes please call me to let me know.

I called and left a message for Dr. Michael Dobersen to call back when he returned to his office on Monday.  A very helpful person in Denver had recommended him in case I needed a second opinion and it seemed as if we did at this point.

Am I an accuser or just stating facts?

 

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Am I telling of facts, or am I an accuser, there is a difference, isn’t there?  While the tag of “accuser”  has been hurled at me as if it is the most egregious transgression one can make, I know it is not true at all.  If my statements were false they may slander, they may even endanger, and I want to address this idea, and I also want to share a quote from the publisher who started the Aspen Daily News many years ago – “if you don’t want it printed, don’t let it happen” The City of Aspen, Colorado lived under this statement for decades, and still does today.

But stepping back a little, first a crime is committed, a woman is raped, beaten, and she sees her rapist, perhaps even picks him from a lineup, law enforcement is really on it.  She knows who did it.  But there has not been a trial yet.  And this woman who was raped, beaten, and saw her rapist names him.  Yes, she tells one person, or tells a thousand that she knows who did it and she knows his name.  Does she slander him? No, he raped and beat her, and all she does is say the name of the man she knows to have done this atrocity to her.

In this world of justice would you rather a man capable of such a crime to be named to warn others, or is it PC to stick with a vague description, but no name?  The criminal has rights, yes indeed.  The criminal’s rights begin to end right when he commits a crime. The right to be free before he is tried is not even guaranteed.  He will be incarcerated unless he is granted bail, as he awaits trial.  Sometimes he is allowed bail, sometimes he isn’t.  His name is put in the news before trial, people tell other people about him before he goes to trial, his name is everywhere before he is determined to be guilty, or not guilty, and this is fact.

Morgan saw her stalker (not just his car, but also his face), while she was being stalked, at an intersection, at least four times. She saw him, and reported him by name (this is while there was a felony stalking case open to help her, and catch the suspect).  And just so you know it was not just any meeting, he managed to be exactly in the middle of the intersection turning left to go down valley at the exact same time she was turning left to go up valley.  Try it sometime…pick out a random car at a busy intersection and attempt to make a left turn at exactly the same time so you can come eye to eye with the driver of that random car as you pass in the middle of the intersection.  I couldn’t do it.  There are cars in front of you that mess with your timing, if they don’t turn you can’t either.  The random car you are trying to meet up with has cars in front of it.  Some drivers are more aggressive than others. I never came close.  The driver would have had to pull over (and there is a perfect spot for it) and wait until he saw your car coming down the hill, across the highway, and then he could have timed it perfectly.

Keenan did this as part of Morgan’s stalking consecutively, and he would then engage in a cold threatening stare that Morgan said severely frightened her, causing extreme stress which would not pass in seconds, or minutes.  Morgan would still be shaking when she got home, angry and scared, and I would hold her for the longest time.  And these weren’t the only times she actually saw him and reported it.

Trying to calm a person that has been scared very badly is never easy, when it is your daughter there is another hurt that permeates, the wish to thrash out, the mothering instinct that says you have to protect your child.

Morgan named him based upon a positive identification, with certainty, to classmates, instructors, friends, her parents, Deputies, and Detectives.

Why do you think Keenan Van Ginkel was named so many times in the Sheriff’s reports? That is in the ‘REAL’ Sheriffs reports, and even they are far from correct, and complete.  But that too will come another day.

And is this why she was killed? Was Morgan murdered days before she was to give video testimony before the Detectives?  Is the state of law in Garfield County really such that if you murder your victim days before they give their testimony on camera about you, then there was no crime?  Seems to be exactly what happened in this case.  Wouldn’t you be furious?  Wouldn’t you want to give a voice to your murdered child who can no longer speak out?

And just to keep a perfect record, kind of like our murder rate here in Garfield County, do you know that none of these friends, instructors, classmates were ever interviewed during Morgan’s Stalking?  Not even a phone call.  They have spoken to me and can not understand why the Detective would not have taken their statement.  Why?  And after her death none of them including us, Steve and I, her parents were ever interviewed about actual eyewitness sightings of her stalker.  “We follow the facts and see where they lead us”.  Which part of that got left out of the investigation of Morgan’s Stalking and death?  Sometimes I feel like all of it did.

F.Y.I. – MARK YOUR CALENDAR FOR A MILESTONE CELEBRATION – NOTICE FROM COVA

Mark Your Calendar and
Join us for a Milestone Celebration!
Please join us during National Crime Victims’ Rights Week as we honor Colorado’s Victims and Victim Advocates in a unique and historic event celebrating the 20th anniversary of

Colorado’s Victims’ Rights Act

Celebration will include honoring victim advocates and the work that they do everyday as well as a special presentation recognizing the Aurora Police Department’s Victim Services Unit for they work they did with the victims of the Century Theater tragedy.

Tuesday, April 23rd, 2013

11:30 am-1:00 pm

Wellington Webb Building

201 West Colfax, Denver, 80202

Light refreshments will be served

Fairness, Respect, Dignity …20 Years of Victims’ Rights

1993-2013

Honoring the Past, Appreciating the Present,

Looking Towards the Future

A community event sponsored by: Colorado Division of Criminal Justice: Office for Victims Programs, COVA, Denver District Attorney’s Office, Denver City Attorney’s Office, Denver Police Department: Victim Assistance Unit, Mothers Against Drunk Driving, Voices of Victims, Parents of Murdered Children

A year ago this week was a busy time.

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Tuesday, April 10, 2012 – I went down to the Glenwood Springs Police Station to ask for a copy of Keenan’s arrest warrant for 12/23/2012.  I ended up standing at the counter for the longest time and finally they could not find the report in the system, which they said was odd, and had no explanation for, so they gave me paperwork to fill out and sent me to the District Attorney’s office.

Oddly again the DA’s office could not find the paperwork, so I gave them the abbreviated version of Morgan’s story and asked them to have the arresting officer call me.  I also asked them to call me when they find the report so I can pick up a copy of the report.  I asked them if this meant that if an officer called in to find out if Keenan had been arrested on that day there would be nothing, he would show up as “clean”.  The person from the DA’s office just stared at me and said they did not know, it was just a simple clerical error.  I thought it was important, and it seemed to me as if criminals here in Colorado were being treated very loosely.

I want to point out that very recently here in Colorado an inmate was released about four years early on a clerical error.  He was then implicated in the murder of a pizza delivery person and soon after that, ironically dressed in the pizza persons delivery clothes, implicated in the murder of the Colorado Prison Chief.  So sad, such a horrible double murder, but there is an answer to this and I do not believe it involves shrugging your shoulders,

Wednesday, April 11, 2012 – A former FBI agent who was very involved in the successful prosecution of the Oklahoma Bombing tragedy called and said he will call the two possible referrals he had and have them call me.  He said either one would be the kind of investigator who digs deep for the answer.  His opinion was that so far we had only had surface scratchers, and that was not going to get the job done.

Today was the day Steve stopped by the old neighborhood to do a favor for our next door neighbor there, and noticed that all the grass on the berm behind all of the houses had been mowed down to the dirt, for the first time in over 6 years that we knew of – they never even mowed it the years following the big fire.  Steve said, “Gee, I wonder who’s idea it was to go through all that trouble, mowing down the wildflowers, all the wild grasses and everything?”  Who?  He also for some reason reviewed the pictures from the original wildlife camera and saw that the perp had tried to knock down the camera – now at least we knew it was broken.  A criminal lawyer who saw the sequence of pictures many months later looked at that one photo and said, “that one image right there takes the, oh I was just there on accident, completely out of the excuse”.

Thursday, April 12, 2012 – I called the Glenwood Springs DA’s office – now the story on Keenan’s arrest reports is that if there is any public record on Keenan’s arrest, I will need to get a copy at the courthouse room 104, then I spoke with the DA’s investigator Ed Picalo, and told him my story, and he said he would forward the information to Detective Rob Glassmire, I told him Rob already knew about the missing jewelry.  Oh well.

Friday, April 13, 2012 – Steve spoke with friends of his that have a cash for gold shop, and they told him the state requires them to take a picture of the person selling the gold to them, along with a picture of the gold jewelry, they put pictures on jump drives.  So they thought we should be able to check every place he could have gone with Morgan’s jewelry to see if we can identify any of the missing pieces.  There are pictures on their computers.  It sounded very encouraging at the time, but as you know it turned into another instance of people not following the laws.

I spoke with a Neurologist at Brigham and Women’s Hospital in Boston who had written articles on excitement-induced deaths.  He was quoted in an ABC News article on the subject a few years ago.

A few acquaintances of Brooke had heard about the incident that occurred with the LR3 Morgan had parked in Carbondale, when she went in to one of her college classes and the word “Bitch” was keyed in large letters on the driver’s door, and then scraped down to the metal all along one side.  The Carbondale police officer that took pictures of the car and wrote up the report said when a car is keyed down to the metal like that it takes a lot of anger or someone on drugs.  They had heard Brooke say about Morgan “that bitch is going to get it” behind her back just before that, and believed Brooke definitely could be the one that keyed the car.  Detective Rob Glassmire said that Keenan had told him the same thing about Brooke.

Saturday, April 14, 2013 – I spoke with records at Children’s Hospital in Denver to get some important old records of Morgan’s.  An earlier fax had been aborted and they said would try again.

Sunday, April 15, 2012 – Detective Rob Glassmire said he will call today to discuss in-depth what is going on.  He called and spoke with Steve and told him that he had spoken in person with the registered owner of a truck we had noticed in the neighborhood many times before Morgan’s murder.  The answers did not jive with what had happened and Steve wondered where we go from here.  Rob was going to think it over first before doing anything else.

Out of more frustration Rob told Steve the address of the Cash for Gold place in Glenwood and wondered if we could try to find out anything.  Rob asked Steve if he could find out from them the requirements that they have, Rob wasn’t sure if he was allowed to talk to them.  Steve got the revised statutes from his friend and sent them on to Rob.  I had verbally told Rob a couple of times about the most specific pieces that had disappeared out of Morgan’s room.  Steve asked Rob if it was OK if we just went by there as parents to see what we could find out.

Monday, April 16, 2012 – We went to the Glenwood Springs Cash for Gold with a recent picture of Keenan.  I know all too well how Keenan’s family and friends try to spin this one meeting into anything but the truth, so this only tells me there is something here they would really rather had not happened.  The woman there immediately recognized Keenan as a regular customer – A REGULAR CUSTOMER – at the – CASH FOR GOLD SHOP – all Morgan’s valuable jewelry is missing on the night she was killed – can Keenan, or I, make it any more obvious?  Pictures of any specific pieces were not available at the time.  What if he jewelry was brought in at another time other than the time referred to in Keenan’s arrest report?

At this particular cash for gold shop Keenan’s partner in crime admits to stealing the goods, then giving them to Keenan to sell.  This one time!!!  And they do not have an inventory or pictures so we don’t really know what he sold – do we?  And then what about all of the other times – he is a REGULAR CUSTOMER.  I have received very accusatory emails from individuals claiming to know Keenan, claiming to be family members, etc., etc. and claiming to know that Morgan’s jewelry was not in the “batch” (their word not mine) he sold that time.  I would like to know how it is that they know this, with such certainty, under oath preferably.

Tuesday, April 17, 2012 – tonight right as I turned off the bedroom lights to go to sleep what sounds like a rock hits the master bedroom window.  I tell Detectives Glassmire and Alstatt about it, along with a lot of information from a day of meetings with people and walking around.  The term “flatfoot” to describe investigators really makes sense now because my feet feel like they have been mildly steamrolled from all the days events.

Wednesday, April 18, 2012 – at 2:18 pm Detective Megan Alstatt responded back about my text from yesterday and said, “I did get this, and I spoke to Rob just FYI. Take care”  I texted back, “great appreciate it”.

Just after lunch Steve and I met with two investigators that would love to work Morgan’s case.  They know a lot of the “players” already.

In the early evening a very good friend who works in counter terrorism called and had a game plan for me.  In a suggestion that sounded almost innocent at the time he said I should really think about doing a website and a blog about Morgan.  Even though he warned me about many frustrating times to come I decided to take his advice on every point and he was ever so right about the advice he gave me that evening.  A few parts of it are yet to play out, and I’m anxious to see if he is going to be as right about those suggestions too.

Oh, and one more thing – he did not tell me anything about all the wonderful, supportive people I would meet along the way.  Just as life for Steve and I has been changed forever I also feel strongly that Morgan’s story, her memory, has forever changed other’s lives as well.

The professionalism on which victims depend – what happens when it fails?

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In a statement that was about as condescending as could be the contracted pathologist
intimated that in order for Morgan to be killed
with Amitriptyline she would have had to be subdued by
her assailant. And there were no signs of her being subdued
so – it did not happen. Excuse me, but of all the boatloads
of crap floating around in the explanations of Morgan’s stalking,
and murder that never was – this has to take a prize. A few days
ago I wrote about the Jessica Ridgeway murder, and dismemberment,
and her accused/admitted assailant who now awaits his trial.
He also admitted to an attack on a female jogger. The
jogger reported that the attack began with an attempt to put a rag
that smelled of chemicals over her mouth. A rag that smelled
of chemicals, remember that because it’s an important clue. It is
now rumored / released information that the alleged assailant
admits to going on the internet and finding out how to make
chloroform and then attempting to use it to subdue the female
jogger before he did whatever vile acts he contemplated next. I
also seem to remember a quite notorious case in Florida recently in
which the accused killer, found not guilty, frequented a house
where a computer had been used to research chloroform, including –
allegedly – instructions on how to make it. I have never done
the same, but it does not seem to be all that hard and sort of
commonplace these days. If a seventeen year old youth in
Colorado was able to do it, then could Morgan’s nineteen year old
suspect have been able to? Or Brooke Harris, his girlfriend /
not girlfriend, could she have done it? I mean go on a
computer and research how to make Chloroform. So to complete this
loop I have a question, and an anger, and an observation, all at
the same time. How can the forensic pathologist
condescendingly imply that Morgan was not subdued when:

  1. She had a bruise on her forehead.
  2. Blood on the edge of her lips
  3. She was not given any test that would have indicated the presence of
    CHLOROFORM, which does seem to be popular these days.

If you were a professional, concerned with the truth,
concerned with apprehending criminals, wouldn’t this be ruled out
before you carried through on threats to the victim’s mother, a
victim herself, and changed Morgan’s manner of death from natural
to suicide?  Especially because she was a felony stalking
victim?  Is it just me or is there a very obvious
possibility being overlooked by those hired to look?  I really
just want people to do their jobs, assemble the facts and arrive at
the truth, not just for Morgan but for every other victim. When you
did not even test for chloroform at a time that it’s being sloshed
on rags and being used to subdue victims and attempt to subdue
victims across the country then, sorry, you did not do your
job. And to sit back and tell me that Morgan could not have
been subdued is a farce.  I believe my daughter deserved
better than. I believe in Colorado, the Victims Rights Act
demands more than that.  When the female jogger was attacked and an
attempt to put a rag that smelled of chemicals over her mouth was
made, I have to ask, do you think she was tested for the
presence of CHLOROFORM?  How many other reasons could there be
for an attacker to try to cover your mouth with a rag that smells
of chemicals?  My wild guess would be that none of them are
good and if Chloroform is not the only chemical, then that is just
my lack of expertise showing and if there are others then test for
those too. Because when a victim is successfully subdued by their
attacker the result is most likely going to be very bad.
Victims are taught at a young age to kick and scream, do
anything you can to get away. But what about caught in your
sleep, with a rag sloshed in chloroform placed over you mouth,
before you have a chance to react, perhaps a thumb placed on your
forehead to keep you still for that few seconds until you go under,
one bruise, that’s all.