Homepage

Gavin Newsom allows parole of Clovis killer who buried developmentally disabled man alive

In this April 8, 2015 file photo, Kathryn Groves, left, the mother of murder victim Michael Morganti, holds hands with her daughter, Vikki Van Duyne, at a Capitol news conference calling for Gov. Jerry Brown to reject the parole of his killer, in Sacramento, Calif. Gov. Jerry Brown is blocking parole for the killer of Morganti, a developmentally disabled California man who was buried alive. Brown decided Friday, June 26, 2015, that 52-year-old David Weidert still is too dangerous to be released, despite the recommendation by a state panel that parole should be granted. (AP Photo/Rich Pedroncelli, File)
In this April 8, 2015 file photo, Kathryn Groves, left, the mother of murder victim Michael Morganti, holds hands with her daughter, Vikki Van Duyne, at a Capitol news conference calling for Gov. Jerry Brown to reject the parole of his killer, in Sacramento, Calif. Gov. Jerry Brown is blocking parole for the killer of Morganti, a developmentally disabled California man who was buried alive. Brown decided Friday, June 26, 2015, that 52-year-old David Weidert still is too dangerous to be released, despite the recommendation by a state panel that parole should be granted. (AP Photo/Rich Pedroncelli, File) AP

Gov. Gavin Newsom will not block the release of a killer who served four decades in prison for the murder of a developmentally disabled Clovis man he buried alive, officials said Monday.

Newsom took no action last Friday on the state parole board’s latest decision to grant parole to David Weidert, meaning that the 58-year-old is now eligible for release.

Newsom previously blocked the release of Weidert last year. The Soledad State Prison inmate was also denied parole twice by former Gov. Jerry Brown.

Weidert was convicted in 1980 of killing 20-year-old Michael Morganti, whose family said was developmentally disabled. Weidert was 17 at the time and received a life sentence.

Newsom this year accepted the finding of the Board of Parole Hearings, “which determined that he does not pose a current unreasonable risk to public safety,” his office said Monday without elaborating.

Fresno County District Attorney Lisa Smittcamp, who has opposed Weidert’s parole, did not immediately comment. Morganti’s family has also consistently fought Weidert’s release.

Weidert used Morganti to serve as a lookout to commit a $500 burglary, according to prosecutors.

Morganti later spoke with law enforcement, and Weidert silenced him by luring him into a car and taking him to an isolated location to kill him. Morganti was beaten with a baseball bat and a shovel, stabbed with a knife, and forced to dig his own grave before being buried alive, prosecutors have said.

Weidert was a youthful offender who has “an impeccable prison record” and four psychological assessments saying he would be of little risk if released, said his attorney, Charles Carbone.

“Mr. Weidert understands the gravity of his crime and the permanent seriousness of the consequences to the victim and the victim’s family. He’s somebody who has always emphasized his remorse and his acceptance of responsibility,” Carbone said.

“This is about promoting public safety, and Mr. Weidert has earned his way out by pursuing a very long and arduous path of rehabilitation,” Carbone said.

The Associated Press contributed to this report.

This story was originally published August 9, 2021 at 3:41 PM with the headline "Gavin Newsom allows parole of Clovis killer who buried developmentally disabled man alive."

Related Stories from Merced Sun-Star
Thaddeus Miller
Merced Sun-Star
Reporter Thaddeus Miller has covered cities in the central San Joaquin Valley since 2010, writing about everything from breaking news to government and police accountability. A native of Fresno, he joined The Fresno Bee in 2019 after time in Merced and Los Banos.
Get unlimited digital access
#ReadLocal

Try 1 month for $1

CLAIM OFFER