Happy Morgan, Prosecutor for Grand County, UT

[hans2234]

What is the name of your state? Utah
In court, Happy Morgan, Grand County Prosecutor here in Moab, said emphatically that I stabbed someone. Not only have I never punched anyone in my life, I never pulled a knife on anyone. I have never been tried or accused, in or out of court, of stabbing someone. This was the first and the only time I heard the accusation. She didn't introduce any evidence towards it, and quickly went on to other subjects. Is there anything I can do besides make the four hour drive to Salt Lake to report it to the BAR? Thanks for any replies.
-Josh

Why did she say that?

[hans2234]

Dunno. I'm sorry I can't provide the context, I guess the question stands on its own. Why did she lie I stabbed someone? One of the issues dealt with in court that day was whether or not I was a threat to the community (Which, so help me, I AM NOT). I'm in a situation where I need her help, ironically. The way it has been explained to me, every report I make to the police crosses her desk. It's to my benefit and to her detriment if she helps me in any way. This is "Small Town Politics" crap. Maybe she said it to keep me away from her: Like maybe she thinks if I realize she's going to make up lies that work against me, I won't try and utilize her or go to her for help. Maybe that's the reason she lied. Can you call the prosecutor to the stand, make him or her take an oath, and question them? Wonder if she'd lie then? And is there anything else I can do besides report her to the BAR? Thanks for any replies.

-Josh

[BelizeBreeze]

You either post everything (all facts) surrounding the reason why you need her help, where the statements were made and what the specifics of your situation are or go elsewhere.

[hans2234]

I didn't leave out the context because it implies guilt in some way. I left it out because I don't understand it. I probably shouldn't have said "It's to her detriment" if she helps me in any way because I'm not sure this is the reason. I'm in the dark here and trying to understand what is happening to me. I'll answer any question asked of me, as long as I know the answer. I can say this: I was comitted to the State Mental Hospital in Provo for something I didn't do. I was charged with "Simple Assault." I was accused of hitting someone. I never hit anyone in my life. I don't believe in **** like that. The charge was pending when I was comitted on it. The way I understand it, that means the DA hadn't even investigated it enough to prosecute me. So I was comitted on a charge that had no basis. If anyone had bothered to investigate, there wouldn't have been any evidence that pointed towards the assault. I am not psychotic, a basket case, etc. I suffer from anxiety and occasionally depression. I've worked full time jobs, etc. Whoever charged me with simple assault dropped it ASA I was comitted (OR maybe it was Happy herself who decided to drop it. Dunno) Point being, I should not have been comitted. Happy wouldn't tell me who it was that accused me. She said go to the police for the name. I went to the police, they said I'll need an attorney if I wanted to know the name. So something that hadn't even been proven in court, it was this I was comitted for. I don't know if all this has anything to do with Happy's false allegation. She made it as a hearing was about to go under way to decide whether the Comittal should be lifted. (I was let out of the hospital but still comitted on the outside) I'm willing to answer any questions regarding this. And again, my question from the first post, I'd still like to know the answer to. I said it would be "To her detriment" to help me because I thought maybe she didn't want to give out the name of my accusor, and that would be "Help" to me. Thanks for any replies.
-Thanks,
Josh

The general rule is that anything a lawyer puts in pleadings or says in court is absolutely privileged, meaning they can say what they want to in the papers they file and in the courtroom and nothing can be done about it.

[rmet4nzkx]

I responded to OP last summer after he was released from the state hospital, it is unlikely that he was held without cause for 6 months, if anything his claims are more proof that he is still mentally unstable.

[BelizeBreeze]

And Assault is NOT hitting someone. That's battery.
An Assault can be anything from threatening a person or property to causing a person to believe they are in danger.

[hans2234]

Thanks for the advice. I didn't know that was the definition of assault. Still, I think I should not have been comitted on a charge that was pending. Yeah, and for rmnst344, he/she did respond to me in a nice way. But I gave him/her very little info., and so I dismiss (Like everyone else in the town) his/her psychiatric asessment. But all this answers my questions.

[rmet4nzkx]

Josh,
The charge may have been dismissed once you were committed as an alternative sentence or deferred judgement, that doesn't mean that the offense didn't happen. Do you remember threatening anyone? Are you on any type of followup care? Medication? Are you taking your medication?

[rmet4nzkx]

Josh,
I received and responded to your PM. As I said in my reply, that antipsychiotics are used to treat many disorders and if it was like dirnking water, that means that you definately have some mental disorder, that is a reaction, it may not be the right medication yet, you need to cooporate. Also if you wanted to sue the Dr. in PA why are you using him as a defense? Please work with the doctors and stay out of trouble.

hans2234
Junior Member

Join Date: Dec 2003
Posts: 23
Thanks for advice
Thanks for the advice a week or two ago. Yes, it's true, I did spend 6 months in the hospital. (That's a little above the average time spent in this particular hospital) I was kinda recalcitrant. They wanted me on anti-psychotics. I ain't psychotic. So I went on a long hunger strike. My shrink of 8 years (Back in PA) laughed at the fact I was psychotic. However, there is an ardent faction that do think I need it, and they have voiced their concerns (Read: My parents). To those my parents (Who are the REAL nuts) have spoken with, I say Don't believe everything you hear. In the State Hospital, they held a med hearing, I was forced to take the anti-psychotic, and it was like drinking water. No effect at all. A commitment hearing for me might be approaching soon (I'm still committed, but out of the hospital). Thanks for replying. I was going to write more but it cut me off at 2000 words.

[badapple40]

Originally Posted by seniorjudge

The general rule is that anything a lawyer puts in pleadings or says in court is absolutely privileged, meaning they can say what they want to in the papers they file and in the courtroom and nothing can be done about it.

There's a bigger issue here, and that is grand jury secrecy. Getting grand jury transcripts is more difficult than getting an act of Congress passed.

[rmet4nzkx]

Originally Posted by badapple40

There's a bigger issue here, and that is grand jury secrecy. Getting grand jury transcripts is more difficult than getting an act of Congress passed.

This hapened in Grand County Utah, not Grand Jury, I believe for competency or committal hearing, he has another comming up. I think that in the case of mental health issues, they are likely to be "confidential" sealed as well.