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Elizabeth Morgan

===Elizabeth Morgan===

American plastic surgeon and mother

American plastic surgeon and mother

Abstract

===Abstract===

Elizabeth Morgan and the two national laws passed for her

Elizabeth Morgan and the two national laws passed for her

Biography lead section

===Case lead section===

Jean Elizabeth Morgan, M.D., Ph.D. Psychology (b. 1946 in Washington, D.C.) is a plastic surgeon who was involved in a widely publicized and long-running child custody case over her daughter Hilary Foretich (now known as Elena Mitrano). Morgan claimed that the father, Eric Foretich, an oral surgeon, had sexually abused Hilary. During the course of the case, Morgan was incarcerated for two years, and following her release from prison she went into hiding overseas. After Morgan sent Hilary into hiding, Foretich never regained custody of his daughter. The Congress of the United States passed two laws as a result of this case, the latter of which was declared unconstitutional.

Jean Elizabeth Morgan, M.D., Ph.D. Psychology (b. 1946 in Washington, D.C.) is a plastic surgeon who was involved in a widely publicized and long-running child custody case over her daughter Hilary Foretich (now known as Elena Mitrano). Morgan claimed that the father, Eric Foretich, an oral surgeon, had sexually abused Hilary. During the course of the case, Morgan was incarcerated for two years, and following her release from prison she went into hiding overseas. After Morgan sent Hilary into hiding, Foretich never regained custody of his daughter. The Congress of the United States passed two laws as a result of this case, the latter of which was declared unconstitutional.

Family background

===Family background===

Both of Elizabeth Morgan's parents are trained as clinical psychologists.

Both of Elizabeth Morgan's parents are trained as clinical psychologists.

William was involved in the Cold War, preparing spies as bait where real spies watched as Russian counterintelligence agents studied the unwitting decoys.

William was involved in the Cold War, preparing spies as bait where real spies watched as Russian counterintelligence agents studied the unwitting decoys.

Hilary Morgan Case

===Hilary Morgan Case===

Morgan had already published a book entitled The Making of a Woman Surgeon and was the medical columnist for Cosmopolitan magazine from March 1973 to March 1980.

Morgan had already published a book entitled The Making of a Woman Surgeon and was the medical columnist for Cosmopolitan magazine from March 1973 to March 1980.

http://articles.latimes.com/1994-12-05/news/ls-5235_1_elizabeth-morgan

http://articles.latimes.com/1994-12-05/news/ls-5235_1_elizabeth-morgan

Hiding Hilary and jail

===Hiding Hilary and jail===

After other inconclusive motions and appeals, the presiding family court judge, Herbert Dixon , in 1987 ordered unsupervised visitation for Foretich. Dixon then found Morgan to be in contempt of court and in August 1987 sent her to jail.

After other inconclusive motions and appeals, the presiding family court judge, Herbert Dixon , in 1987 ordered unsupervised visitation for Foretich. Dixon then found Morgan to be in contempt of court and in August 1987 sent her to jail.

Morgan had sent Hilary into hiding with her parents, who had remarried. The grandparents and child fled the USA, travelled to several places around the world and settled in 1988 in Christchurch, New Zealand. Hilary’s name was changed to Ellen Morgan.

Morgan had sent Hilary into hiding with her parents, who had remarried. The grandparents and child fled the USA, traveled to several places around the world and settled in 1988 in Christchurch, New Zealand. Hilary’s name was changed to Ellen Morgan.

For the next two years, Morgan’s incarceration received a great deal of publicity. She convinced famous and influential people, including Charles Colson that abuse had indeed occurred. Morgan’s legal expenses approached $1 million. A great deal of press coverage ensued. In August 1989 a reporter sympathetic to Foretich wrote, “a media-savvy Elizabeth Morgan is winning in jail what she couldn’t win in the courts – the public relations battle to have Hilary’s father presumed guilty.” Morgan would be released in September 1989 by an act of Congress.

For the next two years, Morgan’s incarceration received a great deal of publicity. She convinced famous and influential people, including Charles Colson that abuse had indeed occurred. Morgan’s legal expenses approached $1 million. A great deal of press coverage ensued. In August 1989 a reporter sympathetic to Foretich wrote, “a media-savvy Elizabeth Morgan is winning in jail what she couldn’t win in the courts – the public relations battle to have Hilary’s father presumed guilty.” Morgan would be released in September 1989 by an act of Congress.

http://www.ew.com/article/1992/11/27/mothers-right-elizabeth-morgan-story

http://www.ew.com/article/1992/11/27/mothers-right-elizabeth-morgan-story

Media coverage

===Media coverage===

Morgan, as a surgeon in Washington, D.C., in 1980 published a successful book titled ”The Making of a Woman Surgeon”, which recounted the rigors of her training in this predominantly male profession. The publication of the book was covered by Reader’s Digest. Morgan wrote the ”Reader’s Digest” article, “Give the Lady a Knife”; the title was presented as having been said by a male surgeon. She would later appear on the cover of People magazine and at about the same time in a Life Magazine article with an extensive set of photos.

Morgan, as a surgeon in Washington, D.C., in 1980 published a successful book titled ”The Making of a Woman Surgeon”, which recounted the rigors of her training in this predominantly male profession. The publication of the book was covered by Reader’s Digest. Morgan wrote the ”Reader’s Digest” article, “Give the Lady a Knife”; the title was presented as having been said by a male surgeon. She would later appear on the cover of People magazine and at about the same time in a Life Magazine article with an extensive set of photos.

Her story was also covered in the June 1990 edition of Vanity Fair Magazine as the “Elizabeth Morgan case”.

Her story was also covered in the June 1990 edition of Vanity Fair Magazine as the “Elizabeth Morgan case”.

Congressional interventions

===Congressional interventions===

The U.S. Congress intervened twice to see that the existing laws did not apply to Elizabeth Morgan. Once in 1989 and again in 1996. See below.

The U.S. Congress intervened twice to see that the existing laws did not apply to Elizabeth Morgan. Once in 1989 and again in 1996. See below.

After being freed on September 25, 1989, Morgan traveled to New Zealand and rejoin Hilary and the grandparents. Foretich searched and was able to locate Hilary in Christchurch in February 1990. After attempting to resume the custody struggle under New Zealand law, Foretich gave up, in part because of the financial burden of pursuing the matter. Morgan and family returned to the USA in 1997 after the second congressional intervention, freed of Judge Dixon's jurisdiction.

After being freed on September 25, 1989, Morgan traveled to New Zealand and rejoin Hilary and the grandparents. Foretich searched and was able to locate Hilary in Christchurch in February 1990. After attempting to resume the custody struggle under New Zealand law, Foretich gave up, in part because of the financial burden of pursuing the matter. Morgan and family returned to the USA in 1997 after the second congressional intervention, freed of Judge Dixon's jurisdiction.

Elsa Newman case (2002)

===Elsa Newman case (2002)===

In 2002, Morgan was involved as a consultant in another controversial child custody case.

In 2002, Morgan was involved as a consultant in another controversial child custody case.

https://www.washingtonian.com/2002/06/01/deadly-triangle/

https://www.washingtonian.com/2002/06/01/deadly-triangle/

Post-return events and current status

===Post-return events and current status===

William Morgan returned to the USＡ in 1995 due to illness and died in 1996.

William Morgan returned to the USＡ in 1995 due to illness and died in 1996.

"Voiceless" music video by Elena Mitrano

"Voiceless" music video by Elena Mitrano

April 8, 2008

April 8, 2008

https://www.youtube.com/watch?v=lKkwefBUtxs

https://www.youtube.com/watch?v=lKkwefBUtxs

https://www.facebook.com/TheElegantFace

https://www.facebook.com/TheElegantFace

Publications by Morgan

===Publications by Morgan===

”The Making of a Woman Surgeon” (Putnam Publishing Group, 1980) ISBN 039912361X.

”The Making of a Woman Surgeon” (Putnam Publishing Group, 1980) ISBN 039912361X.

https://www.amazon.com/Save-My-Child-Elizabeth-Morgan/dp/0060175036

https://www.amazon.com/Save-My-Child-Elizabeth-Morgan/dp/0060175036

Further reading

===Further reading===

Groner, Jonathan (1992) ”Hilary’s Trial: The Elizabeth Morgan Case and the Betrayal of Our Children by America’s Legal System”. (Simon and Schuster) ISBN 0671691767 OCLC 23139179

Groner, Jonathan (1992) ”Hilary’s Trial: The Elizabeth Morgan Case and the Betrayal of Our Children by America’s Legal System”. (Simon and Schuster) ISBN 0671691767 OCLC 23139179

(see below)

(see below)

FAMILY LAW ARMAGEDDON:

===FAMILY LAW ARMAGEDDON===

http://ssrn.com/abstract=983770

http://ssrn.com/abstract=983770

https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=18+St.+Thomas+L.+Rev.+177&key=f75a210be888c1e510908cdae087a1ed

https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=18+St.+Thomas+L.+Rev.+177&key=f75a210be888c1e510908cdae087a1ed

See also

===See also===

https://en.wikipedia.org/wiki/Terri_Schiavo_case

https://en.wikipedia.org/wiki/Terri_Schiavo_case

http://www.gallendale.com/

http://www.gallendale.com/

Other source not yet integrated

===Other source not yet integrated===

Vol. 14 No. 13 (p. 44+)

Vol. 14 No. 13 (p. 44+)

http://picasaweb.google.com/lh/photo/wl1Ckp4woaDhKZQpDk5zMA

http://picasaweb.google.com/lh/photo/wl1Ckp4woaDhKZQpDk5zMA

First Congressional Intervention

===First Congressional Intervention===

”’District of Columbia Civil Contempt Imprisonment Limitation Act”’ was an act of Congress passed in 1989 to alter local law in Washington, D.C. An individual citizen, Elizabeth Morgan, was mentioned frequently during the deliberations. The Act allowed Morgan to walk out of local jail, where she had been incarcerated after she refused to share custody of her daughter, Hillary, with Hillary’s father. Dr. Eric Foretich. The Act only applied to custody cases, rather than to all cases of contempt, permanently complicating contempt issues in Washington D.C.

”’District of Columbia Civil Contempt Imprisonment Limitation Act”’ was an act of Congress passed in 1989 to alter local law in Washington, D.C. An individual citizen, Elizabeth Morgan, was mentioned frequently during the deliberations. The Act allowed Morgan to walk out of local jail, where she had been incarcerated after she refused to share custody of her daughter, Hillary, with Hillary’s father. Dr. Eric Foretich. The Act only applied to custody cases, rather than to all cases of contempt, permanently complicating contempt issues in Washington D.C.

Background

===Background===

Dr. Morgan had been incarcerated by Herbert B. Dixon, Jr. for contempt of court in her custody dispute. Since she showed no signed of obeying Dixon’s orders, she seems destined to remain in jail indefinitely. For the next two years, Morgan’s incarceration received a great deal of publicity. In much of it she was portrayed as a model prisoner, and a woman of fortitude. Chuck Colson visited her in jail and she convinced him that Dr. Foretich had sexually abused Hillary. Colson had a wide array of powerful Republican, conservative and religious connections at his disposal and used them. Morgan and Colson convinced many famous and influential people came to believe in Morgan’s accustaions and this effort lead to the passage of the Act. As Richard Doyle put in 2002 in his web blog entitled “Conservative Blunders”: :

Dr. Morgan had been incarcerated by Herbert B. Dixon, Jr. for contempt of court in her custody dispute. Since she showed no signed of obeying Dixon’s orders, she seems destined to remain in jail indefinitely. For the next two years, Morgan’s incarceration received a great deal of publicity. In much of it she was portrayed as a model prisoner, and a woman of fortitude. Chuck Colson visited her in jail and she convinced him that Dr. Foretich had sexually abused Hillary. Colson had a wide array of powerful Republican, conservative and religious connections at his disposal and used them. Morgan and Colson convinced many famous and influential people came to believe in Morgan’s accustaions and this effort lead to the passage of the Act. As Richard Doyle put in 2002 in his web blog entitled “Conservative Blunders”: :

https://en.wikipedia.org/wiki/James_Dobson

https://en.wikipedia.org/wiki/James_Dobson

Congressional action

===Congressional action===

Rep. Frank Rudolph Wolf sponsored, and the U.S. Congress passed, the District of Columbia Civil Contempt Imprisonment Limitation Act of 1989, a bill that limited to twelve months the time that a person can be jailed on civil contempt charges in custody cases in Washington, D.C. (which has limited home rule ). As example of those supporting Morgan was Prof. Doug Rendleman of Washington and Lee University School of Law, who said that although Congress had engaged in “legislative adjudication,” it was proper for Congress to get involved in the Morgan case, because the checks and balances within the judicial system had, in essence, failed. On the other hand, he was disappointed by the lack of preparation before the deliberative process commenced, and the narrowness of the resulting law. On 1989-09-25, Morgan was released from prison.

Rep. Frank Rudolph Wolf sponsored, and the U.S. Congress passed, the District of Columbia Civil Contempt Imprisonment Limitation Act of 1989, a bill that limited to twelve months the time that a person can be jailed on civil contempt charges in custody cases in Washington, D.C. (which has limited home rule ). As example of those supporting Morgan was Prof. Doug Rendleman of Washington and Lee University School of Law, who said that although Congress had engaged in “legislative adjudication,” it was proper for Congress to get involved in the Morgan case, because the checks and balances within the judicial system had, in essence, failed. On the other hand, he was disappointed by the lack of preparation before the deliberative process commenced, and the narrowness of the resulting law. On 1989-09-25, Morgan was released from prison.

http://www.stonescryout.org/archives/2005/03/congressional_a.html

http://www.stonescryout.org/archives/2005/03/congressional_a.html

Second Congressional Intervention

===Second Congressional Intervention===

”’The Elizabeth Morgan Act”’ was an act of Congress, as a rider , on behalf of Elizabeth Morgan. This was a second act of Congress in which Morgan’s case was mentioned during the deliberations. The first had been a modification of local D.C. law. The act allowed Morgan and her daughter, Ellen, to return to the United States without having to share custody of Ellen with the girl’s father, Dr. Eric A. Foretich. The act was overturned in 2003 only after Ellen had reached adulthood as a rare bill of attainder .

”’The Elizabeth Morgan Act”’ was an act of Congress, as a rider , on behalf of Elizabeth Morgan. This was a second act of Congress in which Morgan’s case was mentioned during the deliberations. The first had been a modification of local D.C. law. The act allowed Morgan and her daughter, Ellen, to return to the United States without having to share custody of Ellen with the girl’s father, Dr. Eric A. Foretich. The act was overturned in 2003 only after Ellen had reached adulthood as a rare bill of attainder .

http://en.wikipedia.org/wiki/Bill_of_attainder

http://en.wikipedia.org/wiki/Bill_of_attainder

Path through Congress

===Path through Congress===

Having previously passed theDistrict of Columbia Civil Contempt Imprisonment Limitation Act (see above),Congress was persuaded to pass yet another law on Dr. Morgan’s behalf. By 1995, Morgan, who had fled to New Zealand with Ellen and other relatives, had developed cancer . Ellen, then 13, indicated to Rep. Thomas M. Davis that she wanted to return to the U.S. In September 1996, Davis sponsored the Elizabeth Morgan Act as a rider on a major transportation bill. While this new legislation was worded to focus on Ellen’s needs, it effectively shielded Morgan from all of the judicial custody orders that were still in force, and the Morgans returned to the U.S in 1997.

Having previously passed theDistrict of Columbia Civil Contempt Imprisonment Limitation Act (see above),Congress was persuaded to pass yet another law on Dr. Morgan’s behalf. By 1995, Morgan, who had fled to New Zealand with Ellen and other relatives, had developed cancer . Ellen, then 13, indicated to Rep. Thomas M. Davis that she wanted to return to the U.S. In September 1996, Davis sponsored the Elizabeth Morgan Act as a rider on a major transportation bill. While this new legislation was worded to focus on Ellen’s needs, it effectively shielded Morgan from all of the judicial custody orders that were still in force, and the Morgans returned to the U.S in 1997.

http://en.wikipedia.org/wiki/Thomas_M._Davis

http://en.wikipedia.org/wiki/Thomas_M._Davis

Unconstitutionality

===Unconstitutionality===

Foretich claimed that the damage to his reputation from the Act reduced his professional practice in the D.C. area and made it difficult for him to find comparable work anywhere else in the nation. He dropped all further attempts to gain visitation and focused on the undoing of the Act. On 2003-12-16, the United States Court of Appeals for the D.C. circuit ruled that the Elizabeth Morgan Act was unconstitutional, as it was a rare bill of attainder, but the decision was moot as Ellen was no longer a minor . In finding that it was a bill of attainder, the Court’s logic was that the Bill was not about the Morgans but about Dr. Foretich and that it penalized him. Precedent had established that only bills which penalize a party can be found to be a bill of attainder. Jonathan Turley , a George Washington University law professor who represented the Foretich family, said the government will have to pay for legal fees in the case—about $1.5 million. He added, “I would hope this would be the final chapter, but such hopes have been dashed many times in the case.” He also said in a ” USA Today ” editorial in March 2005): “The bill negated 10 years of orders in the husband’s favor and effectively labeled him a danger to his daughter.” Comparisons regarding congressional intervention in the judicial system can be drawn between the Elizabeth Morgan Act and the Palm Sunday Compromise of the recent Terri Schiavo case .

Foretich claimed that the damage to his reputation from the Act reduced his professional practice in the D.C. area and made it difficult for him to find comparable work anywhere else in the nation. He dropped all further attempts to gain visitation and focused on the undoing of the Act. On 2003-12-16, the United States Court of Appeals for the D.C. circuit ruled that the Elizabeth Morgan Act was unconstitutional, as it was a rare bill of attainder, but the decision was moot as Ellen was no longer a minor . In finding that it was a bill of attainder, the Court’s logic was that the Bill was not about the Morgans but about Dr. Foretich and that it penalized him. Precedent had established that only bills which penalize a party can be found to be a bill of attainder. Jonathan Turley , a George Washington University law professor who represented the Foretich family, said the government will have to pay for legal fees in the case—about $1.5 million. He added, “I would hope this would be the final chapter, but such hopes have been dashed many times in the case.” He also said in a ” USA Today ” editorial in March 2005): “The bill negated 10 years of orders in the husband’s favor and effectively labeled him a danger to his daughter.” Comparisons regarding congressional intervention in the judicial system can be drawn between the Elizabeth Morgan Act and the Palm Sunday Compromise of the recent Terri Schiavo case .

http://en.wikipedia.org/wiki/Palm_Sunday_Compromise

http://en.wikipedia.org/wiki/Palm_Sunday_Compromise

See also

===See also===

https://en.wikipedia.org/wiki/Palm_Sunday_Compromise

https://en.wikipedia.org/wiki/Palm_Sunday_Compromise

http://caselaw.lp.findlaw.com/data2/circs/dc/025224a.pdf

http://caselaw.lp.findlaw.com/data2/circs/dc/025224a.pdf

Legal journals

===Legal journals===

Prof. Christine Alice Corcos

Prof. Christine Alice Corcos

http://lsolum.blogspot.com/archives/2003_12_01_lsolum_archive.html

http://lsolum.blogspot.com/archives/2003_12_01_lsolum_archive.html

General Press

===General Press===

Court strikes down law passed for mother who hid daughterCNN/AP

Court strikes down law passed for mother who hid daughterCNN/AP

http://therooftopblog.wordpress.com/2010/02/05/congressional-action-on-behalf-of-an-individual-remembering-the-elizabeth-morgan-case/

http://therooftopblog.wordpress.com/2010/02/05/congressional-action-on-behalf-of-an-individual-remembering-the-elizabeth-morgan-case/

Books:

===Books===

Harsh Punishment: International Experiences of Women's Imprisonment

Harsh Punishment: International Experiences of Women's Imprisonment

https://books.google.com/books?id=TCOaBQAAQBAJ&pg=PT259

https://books.google.com/books?id=TCOaBQAAQBAJ&pg=PT259

Other links:

===Other links===

The Elizabeth Morgan Bill – from April 1995

The Elizabeth Morgan Bill – from April 1995