Joseph Richard Morton (42) was arrested in January on charges related to allegations that he had a long-term sexual relationship with a 14-year-old girl that suffers from various mental deficits that make her highly vulnerable to predators. Based on plea negotiations entered into with the State, Morton pled guilty to the following charges in February: (1) Statutory Sexual seduction by a Person Age 21 or older, a Category B Felony that carries 1-10 years in prison (commonly referred to as statutory rape), (2) Luring a Child or Mentally Ill Person to Engage in Sexual Conduct, also a Category B Felony that carries 1-10 years in prison, (3) Lewdness with a Child Under Age 14, a Category A Felony, punishable by life in prison with the possibility of parole after ten years, and (4) Child Abuse or Neglect (a first offense), a felony that carries 1-6 years in prison.
In Nevada, sexual assault of a child technically qualifies as two separate crimes: (1) child abuse and (2) sexual assault. However, "double jeopardy" protects defendants from being convicted of a similar offense for the same behavior. Defendants accused of sexually assaulting a minor can either be convicted of child abuse or sexual assault, but not both. In Morton's case, count four also includes the sexual assault of a minor but occurred on a different day than count two. Jacob Sommer, Public Defender for Morton, informed Judge Stockard that the plea agreement reduced both the number of charges against his client and prohibited more serious charges from being filed or pursued. The initial charges against Morton included: Statutory Sexual Seduction (six counts), Luring or Attempting to Lure a Child to Engage in Sexual Conduct (one count), Lewdness with a Child under Age 14 (four counts), and Child Abuse or Neglect (four counts).
During Morton's arraignment, he stated that he used Facebook Messenger to communicate with the victim to persuade her to engage in sexual conduct. When addressed by Judge Stockard, Morton admitted that he knew how old she was. He further admitted to having sexual intercourse with the victim and inappropriately touching her to arouse sexual desire.
Assistant District Attorney Jeffrey Weed asked the court to impose the maximum penalty on each charge based on the evidence in the case.
Weed stated that Morton engaged in long-term predatory grooming of his victim. He also said that witness statements provided to attest to Morton's good character were completed by individuals who did not have full knowledge of why they were asked to provide such statements. The statements claimed that Morton is a great person, and no one had ever seen any behavior that led them to believe he was engaging in such acts.
According to Weed, Morton, like most predators, was able to hide the assault of the victim even from her own family. The psycho-sexual evaluation done by Dr. Hicks-Berenstahl revealed that Morton assaulted the 14-year-old over 18 months. It also concluded that Morton blames the victim for approaching him. Additionally, Morton was aware of her mental deficiency and exploited that to take further advantage of the victim. He further told the victim that their encounters had to be kept secret so he would not go to jail or get in trouble. He stated that the victim pursued him, he knew that she had intellectual difficulties and had been held back in school, and "he just loved her. "
Weed told the court that Morton was trying to gain the evaluator's sympathy and control the interview process. "He has repeatedly proven that he will manipulate any person or situation to try and benefit himself without regard for his actions." Weed stated. The results of the psycho-sexual evaluation showed that Morton demonstrates a high risk to reoffend.
This was supported by observed avoidance for taking responsibility and blaming others, including the victim.
The evaluation revealed that Morton made attempts to normalize and minimize his inappropriate behaviors. He claimed that he was assaulting the victim to educate her because she had approached him with questions about sex. Morton also stated that he continued the relationship in secrecy because it was consensual, and they loved each other. Evidence indicated that Morton planned and sought opportunities to be alone with the victim to have sex, even telling the victim that when she turned 18, they could tell everyone about the relationship, and she could then move in with him at his residence and live there with him in a romantic relationship.
The relationship only ended when it was reported. Morton suggested that the pornography he shared with the victim was educational in nature. Morton believed that the progression of the sexual relationship was "him doing an act of service for the victim." Morton showed the victim the pornography and then acted it out with her, performing several types of sexual acts.
Facebook private messages included conversations in which Morton explained that him caressing her breasts and her breathing differently were simply endorphins, and she should look it up. Morton claimed that out of love, he tried to coach her into inappropriate touch and suggested that he should show her rather than explain via messenger. Morton attempted to claim that he worried about her comfort with the sexual acts.
Churchill County Public Defender Jacob Sommer said Morton's statements were not intended to excuse any behaviors that brought his client before the court. Sommer asked the court's sentence to embody fairness, consistency, and proportionality. He requested that Morton be granted an opportunity to overcome to correct the behaviors he exhibited. Sommer did not ask for probation but rather to have the imposed sentences run concurrently rather than consecutively.
Morton addressed the court, stating, "I lost sight of the values instilled in me from the moment I joined the military. I acted in a manner that was shameful, disgraceful, every word you could think. I went from wearing a uniform of honor to a black and white stripe uniform of shame. I need to bring back the guy that everyone wrote the letters about, not the man I am today." He went on to say that he betrayed his entire family, including the victim's guardian, and dishonored everyone he ever served with and the flag. "I can beg for forgiveness, but I don't deserve it," Morton stated. "I owe it to my mother to be the man I once was. I cannot imagine what the victim's family is going through. I want to make a promise to be the man I was before this incident happened."
The victim's guardian addressed Morton and the court during victim impact testimony stating that the family and the defendant have known each other for over 30 years. "The victim is a sweet girl who wants so badly to be 'normal'." She wants to drive and get a job, but those are not things she will ever be able to do," the guardian stated. Additionally, the victim suffers from severe mental deficits that do not allow her to make decisions, understand things going on around her, or realize that situations are wrong. She went on to say that she is shocked the State is not taking into consideration that not only is the victim a child who was 14 years old at the start of this inappropriate relationship, but also severely limited mentally by her disabilities.
According to the guardian, the victim told her that on numerous occasions, Morton would leave her brother at his house playing video games, put her in the car under the guise of going to grab food, and drive her behind the skating rink and have sex with her. While Morton's family lived with him, he would take the victim around the corner from the living room to the kitchen and engage in sex acts while the entire family was mere feet away in another room. She also stated that the original 16 charges do not account for even half of the crimes committed against the victim. "I do not feel that four counts are justice for the victim," she said. "The victim is suffering from self-identity issues, unable to relate to or interact with men, and believing that she is a mere sex object for men." Further, according to the guardian, the family is now divided, and Morton's family blames the victim for his actions. "Innocence stolen, is innocence forever lost," she continued. "I understand that the psycho-sexual evaluation says that Mr. Morton is a moderate to high risk to reoffend, and we ask for the maximum sentence allowable."
Per Nevada statute, Morton was eligible for probation. However, Judge Stockard stated that he did not believe Morton is a suitable candidate for probation. He must submit to lifetime supervision upon his
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