Prosecutors Desk 11-31-2014

I have been asked several times lately if the Stevens County charges against Craig Morganstern would be dropped in light of his federal indictment and the federal charges that are now placed against him. The federal charges carry up to a life sentence. Life in the federal system means exactly that—life. He is being held without bond in federal custody.

At this time I have no intention of dropping any charges that we have filed. There is no federal rape charge and that is one of the crimes we believe is appropriate and have filed. At some time in the future, probably after the federal charges have been resolved, Dr. Morganstern will have the opportunity to appear in Stevens County, where he can either plead guilty or a jury will determine whether or not he is guilty. Those are just about all the options he has, in my view. But my view of his situation is not his own.

He has a good lawyer who will file motions regarding this or that, (limited only by the imagination of the lawyer and resources of the accused) and I expect there will be attempts to suppress evidence claiming that some right was violated in the investigation or as evidence was being gathered. I am sure there will be other challenges as well.

Not long ago, another man stood in court with his lawyer and pleaded guilty to the charge of vehicular assault and guilty to the existence of aggravating circumstances in the case. He told the court he was sorry for being intoxicated and crossing the centerline and thereby causing the wreck that blinded the woman in the oncoming car. The defendant said he would accept the judgment and punishment of the court. His lawyer said he believed there was a factual basis for the plea.

The judge, in accepting the plea, explained to the defendant that he could be sentenced up to ten years because of the aggravating circumstance and that the court did not have to follow anyone’s recommendation. The defendant stated he understood what he was doing and wanted to go through with the plea and give up his right to a trial. His lawyer asked the court to impose a sentence higher than the standard range but one of 12 to 16 months. The judge imposed a sentence of 72 months.

The defendant has now decided he does not want to accept the punishment. His lawyer has filed an appeal claiming that he was given too much time, and that there was not a factual basis for the plea, and that somehow the state wrongfully asked the court to give a long sentence.

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