Former Navajo Nation Council Speaker Lawrence Morgan entered a plea agreement with the Special Prosecutor that involved a guilty plea to one count of conspiracy and the dismissal of six criminal charges in exchange for his testimony against other elected officials being prosecuted by Special Prosecutor. (Photo by Marley Shebala. Please give proper photo credit if re-using photo.)
By Marley Shebala
Former Navajo Nation Council Speaker Lawrence Morgan, a major figure in the tribal prosecution of elected officials involved in a quid-pro-quo scheme involving tribal assistance funds for the most needy Navajo people, pleaded guilty to one criminal charge of conspiracy this morning before Navajo Nation Window Rock, Ariz., District Court Judge Geraldine Benally.
Morgan’s guilty plea was part of his plea agreement with the Navajo Nation Prosecutor, which filed the single count of conspiracy against Morgan, along with six criminal charges of bribery in December 2013.
The special prosecutor agreed to dismiss the six bribery charges against Morgan in exchange for Morgan’s testimony against other elected officials, who are being prosecuted by the special prosecutor.
After the court hearing, Morgan’s attorney, David Jordan of Gallup, N.M., said that Morgan accepted full responsibility for his role as speaker in the discretionary fund debacle and that Morgan regrets that the “discretionary fund problems” occurred during his tenure.
But Morgan believes he is being a “naat’aanii” by accepting full responsibility for his actions and by encouraging other elected officials “to step forward” and assist the special prosecutor, Jordan emphasized.
After Benally read the dismissal of the six bribery charges, she asked Special Prosecutor attorney Marc Lowry if the dismissals were with or without prejudice. Lowry answered that the dismissals were with prejudice, which means that the special prosecutor could re-file the six bribery charges against Morgan if he violated his plea agreement with the special prosecutor.
Under his plea agreement, Morgan agreed to be a witness for the special prosecutor in its criminal prosecution of Speaker Johnny Naize, current Council Delegate David Tom, former Council Delegates George Arthur, Leonard Teller, Ernest Yazzie, Hoskie Kee, Young Jeff Tom, Harry H. Clark, Jack Colorado, Lena Manheimer, and Orlanda Smith Hodge.
Morgan also would not face 365 in jail and a $5,000 fine, which is the maximum sentence for single conspiracy charge. Instead, Morgan would be placed on probation.
And Morgan may or may not pay restitution. His plea agreement states that the “Navajo Nation” may order him to pay restitution and that depends on how much assistance he provides to the special prosecutor and his ability to pay. The restitution amount cannot exceed the amount of financial assistance that Morgan misused.
According to the criminal complaints against Morgan, his family received $17,850 in tribal emergency assistance money and he authorized the payment of $17,850 to elected officials.
After Judge Benally questioned Morgan about his understanding of his plea agreement with the special prosecutor, Benally accepted the plea agreement, which was later signed by Window Rock District Court Judge Carol Perry.
During the questioning by Benally of Morgan, Special Prosecutor attorney Marc Lowry clarified that the plea agreement between Morgan and the special prosecutor would be finalize after all related cases filed by the special prosecutor are finalized.
The finalization of Morgan’s plea agreement would involve his sentencing hearing.
According to Morgan plea agreement, he is “pleading guilty beyond a reasonable doubt” that “from 2006 to 2009, I entered into agreements with other Navajo Nation officials, specially Young Jeff Tom Sr., Ernest D. Yazzie Jr., Hoskie Kee, and Johnny Naize, whereby we exchanged benefits to each other in order to influence and control our exercise of discretion in causing the disbursements of financial assistance funds to our families.
“I knew that a council delegate could not lawfully authorize financial assistance directly to his or her children or family members and I agreed with other delegates to provide each other’s children and family members with financial assistance money as described in the complaint.
“Under this agreement, I would authorize a certain sum of money to a family member of a council delegate with the understanding that the delegate would, in return, authorize a similar sum of money to one of my family members. At the time I did this, I knew this agreement to try to circumvent tribal law was wrong.
“From May 2006 to January 2009, I exercised my discretion and authorized payment of over $6,150 in financial assistance to Council Delegate Young Jeff Tom Sr.’s family.
In return for exercising my discretion directing financial assistance funds to be paid to Council Delegate Young Jeff Tom Sr. and his family, I knew, based on prior conversations with him that Council Delegate Young Jeff Tom Sr. would use his discretion as an elected Navajo Nation official to provide financial assistance money directly to me and my family.
“The specific exchanges between Young Jeff Tom Sr. and me are described in the criminal complaint outlining my conspiracy charge in case number WR-CR-751-13WR-CR-751-13.
“Similarly, from January 2009 to November 2009, pursuant to our agreement, I authorized payments of over $5,600 in financial assistance funds for Council Delegate Ernest D. Yazzie Jr.’s family.
“In return for exercising my discretionary directing financial assistance funds to be paid to Council Delegate Ernest D. Yazzie Jr. and his family, I knew, based on prior conversations with him, that Council Delegate Ernest D. Yazzie Jr. would use his discretion as an elected Navajo Nation official to provide financial assistance money directly to me and my family.
“The specific exchanges between Ernest D. Yazie Jr. and me are described in the criminal complaint outlining my conspiracy charge in case number WR-CR-751-13.
“Similarly from August 2006 to December 2009, pursuant to our agreement, I authorized payments of over $5,100 in financial assistance funds for Council Delegate Hoskie Kee’s family.
“In return for exercising my discretion directing financial assistance funds to be paid to Council Delegate Hoskie Kee and his family, I knew, based on prior conversations with him, that Council Delegate Hoskie Kee would use his discretion as an elected Navajo Nation official to provide financial assistance money directly to me and my family.
“The specific exchanges between Hoskie Kee and me are described in the criminal complaint outlining my conspiracy charge in case number WR-CR-751-13.
“Similarly, in January 2009, pursuant to our agreement, I authorized payment of over $1,000 in financial assistance funds for Council Delegate Johnny Naize’s family.
“In return for exercising my discretion directing financial assistance funds to be paid to Council Delegate Johnny Naize and his family, I knew, based on prior conversations with him that Council Delegate Naize would use his discretion as an elected Navajo Nation official to provide financial assistance money directly to me and my family.
“The specific exchanges between Johnny Naize and me are described in the criminal complaint outlining my conspiracy charge in case number WR-CR-751-13.
“By signing this agreement, I, defendant Morgan, admit all of the foregoing facts and admit that there is a factual basis for each element of each crime to which I am pleading guilty…”
According to a Sept. 10 press releaseSept. 10 press release from Abbie Fink, the special prosecutor’s public relations person, the joint trial of Naize, Tom, Arthur, Teller and Yazzie will start on Oct. 14 and is expected to end in December.
The special prosecutor is private law firm Rothstein, Donatelli, Hughes, Dahlstrom & Schoenbrug of Tempe, Ariz.
