Clovis murder victim's family trying to change system as killer is set free

CLOVIS, Calif. (KFSN) -- A Fresno County murderer is a free man more than 40 years after killing Mike Morganti, a 20-year-old with developmental disabilities.

The parole board recommended release four times and this time, Governor Newsom didn't block it.

Vikki Van Duyne wasn't there when David Weidert murdered her brother, but she hasn't been able to shake the images of the crime.

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Weidert forced Mike Morganti to dig his own shallow grave, tortured him, stabbed him, strangled him and left him to die.

Almost 41 years later, the 58-year-old got out of prison Monday. Van Duyne again wasn't there, and can't shake the images.

"I feel numb," she said. "Like, I just can't believe it. It's very surreal."

Van Duyne spent the day on an executive parole board meeting, fighting to make sure the system does a better job protecting families like hers with notice and consideration.

She got late notice of Weidert's release and couldn't convince the state to keep him out of the Bay Area, where she has family members.

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"I asked them to put in conditions of parole that he be required to have counseling," she said. "And they're like 'well, we can put a referral in that he have counseling.'"

Van Duyne wants the parole board to put the onus on prisoners with life sentences to prove they're ready to reintegrate into society.

The board granted Weidert parole four times even as commissioners noted a lack of credibility and insight into why he committed the crime.

Governor Jerry Brown reversed the parole decision twice.

Governor Gavin Newsom reversed a parole decision last year as well, but not this time.

He defended his choice Monday.

"I did not grant that parole a few years back," Gov. Newsom said. "This individual did everything he was asked to do and was once again recommended for release."

Weidert is set to spend six months in transitional housing in San Francisco.

His attorney said he plans to return to the Central Valley afterwards to take care of his aging parents.

Action News reached out to them Monday, but they told us they had nothing to say about their son's release.