Parole of convicted murderer who buried Clovis man alive reversed by Gov. Brown

The parole of David Weidert, who was convicted of torturing Mike Morganti and burying him alive in 1980, has been reversed by Gov. Jerry Brown, the governor’s office announced Friday.

Weidert lured Morganti from his Clovis apartment and drove him to a remote foothill location. There, he forced Morganti to dig his own grave, and then Weidert beat him with an aluminum bat and stabbed him with a knife before burying him in the shallow grave.

“I have considered the evidence in the record that is relevant to whether Mr. Weidert is currently dangerous,” Brown said in a statement. “When considered as a whole, I find the evidence shows that he currently poses an unreasonable danger to society if released from prison. Therefore, I reverse the decision to parole Mr. Weidert.”

John Weidert, father of David Weidert, could not be reached for comment Friday.

Morganti and Weidert worked as janitors in a doctor’s office, and in June 1980 Weidert convinced Morganti to serve as a lookout while he burglarized the office. Morganti was developmentally disabled and easily manipulated, court documents said.

After Weidert was arrested for his part in the burglary, Weidert learned that Morganti had given him up to authorities, and so he plotted to kill him.

The governor’s decision to keep Weidert in jail reverses the decision made by the state Board of Parole Hearings in January.

“I’m crying. I just can’t stop crying. I just can’t believe it,” said Morganti’s sister, Vikki VanDuyne, who has worked tirelessly over the years to keep Weidert behind bars.

She knew Brown’s decision was coming Friday, and she was expecting the worst.

“I go by worse-case scenarios,” VanDuyne said. “What’s the worst thing that can happen?”

But after sitting and waiting all day, she and her family decided to go out to dinner.

“I did all I could,” she said. “If the governor was going to be an idiot, he was going to be an idiot. I can’t control that.”

Instead, VanDuyne’s phone was blowing up with congratulatory calls. Among them were Fresno County District Attorney Lisa Smittcamp and Linda Penner, Fresno County’s former chief probation officer, who is now executive officer of the Board of State and Community Corrections.

Late Friday, Smittcamp issued a statement: “The Fresno County District Attorney’s office is pleased that Governor Brown took the time to diligently review this matter, and to conclude that inmate Weidart is not a suitable candidate for parole. The family of Mike Morganti should be commended for their zealous advocacy on behalf of their beloved brother/son.”

But the battle isn’t over. Now, it’s on to the next parole hearing. VanDuyne doesn’t know when that will be, but said probably in the next six to nine months. It comes quickly because the state parole board must decide what to do with Weidert now that Brown has reversed its decision.

VanDuyne, who now lives out of state, said she’ll be at the hearing.

For now, though, she’ll celebrate.

“Every day that Weidert’s in prison is a good day,” she said.

This story was originally published June 26, 2015 at 7:57 PM with the headline "Parole of convicted murderer who buried Clovis man alive reversed by Gov. Brown."