In re Morganti

In In re Morganti (2012) 204 Cal.App.4th 904, in denying parole, the Board expressed concern about Christopher Morganti's faith alone being his relapse prevention plan and recommended that he get more involved in AA and NA programs. (Id. at p. 912.) The appellate court found that the Board's concern was based on "the Board's mischaracterizations of Morganti's statements to the Board" and to a doctor who had submitted a risk assessment of Morganti. (Id. at p. 918.) "The Board's conclusion that Morganti relies only on his religion to stay away from drugs is unsupported by any evidence." (Id. at p. 922.) The appellate court noted that Morganti "has participated in AA and NA for more than 15 years. Not once did he indicate a desire to stop doing so, not once a belief that the programs were ineffectual. . . . So far as the record shows, Morganti has never stated a belief that the teachings of the church conflict in any way with those of AA and NA." (Id. at pp. 918-919.) The appellate court credited Morganti's statements that he was not just relying on the Bible, but on AA and NA, and he was paying for years of drug abuse with degenerating health at age 59. (Id. at p. 921.)