Salt Lake County District Attorney Lohra Miller has made no secret she lacks confidence in veteran prosecutor Kent Morgan -- who was fired by Miller for associating with a suspected felon, reinstated by a county review board and is now relegated to doing legal research instead of criminal cases.
As part of Morgan's ongoing fight to return to the courtroom, he recently revealed in legal documents that a D.A. team leader had solicited local police chiefs about their confidence in Morgan.
"Lohra would like to represent to the public that it [is] not only her that has lost faith and confidence in Mr. Morgan, but it is also Law Enforcement and Law Enforcement leadership," according to e-mails sent by Miller's chief investigator Stu Smith to the police chiefs of Cottonwood Heights, Salt Lake City, Sandy, West Jordan and West Valley City.
Apparently none of the chiefs responded to the e-mail.
Cottonwood Height Police Chief Robbie Russo on Friday called it "an internal matter" within the D.A.'s Office.
"We have no dog in that fight and we're not getting into it," Russo said.
But Russo added: "I find Kent to be a very competent and skilled attorney. We've done everything from dope to homicide cases together."
The e-mails were sent Oct. 21, just five days before Miller filed an appeal in 3rd District Court contesting an August ruling by the county Career Service Council ordering Miller to return Morgan to felony prosecution work by the end of December.
Miller fired Morgan in March 2008 for allegedly leaking confidential information to the owner of an escort service being prosecuted by the D.A.'s Office
In April 2009, the council reinstated Morgan, saying his termination was "not supported by substantial evidence." But the council demoted him from assistant division administrator to line prosecutor.
In August, the council found Miller was retaliating against Morgan by making him do legal research for other attorneys rather than returning him to felony prosecutions.
But instead of returning Morgan to the courtroom, Miller moved him to the D.A.'s civil division, banned him from courtroom duties and appealed the council's decision in district court. Miller also asked the council to stay their prior ruling.
Morgan last month objected to the stay request and included copies of the e-mails to police chiefs, saying they showed "an apparent effort to avoid compliance" with the council's order.
The council, however, did stay their ruling to allow the district court appeal to run its course.
Miller was unavailable for comment Friday. Her director of communications, Mark Biljanic, said Miller only became aware of the e-mails in recent weeks.
"There was a conversation between Lohra and Stu about, maybe we should get a barometer on how law enforcement feels," Biljanic said. " From that conversation, Stu sent the e-mails ... There were no e-mail responses, to my knowledge."
He insisted Miller has been in compliance with the Career Service Council's rulings.
"[Morgan] is working," Biljanic said. "At what capacity is her decision at this point."
