Supreme Court hears local case

Supreme Court justices heard arguments Wednesday morning in the case of Jane Morton, who earlier pleaded not guilty to what’s known as a false writing charge, a low-level felony.

The charge stems from allegations she lied in documents related to the purchase of at least one trailer from Federal Surplus Property in Topeka. Morton was ORC director at the time of the allegations. She later resigned.

In December 2006, former District Judge James Smith granted a motion from Pantaleon Florez, Morton’s lawyer, to suppress statements Morton made to John Pontius, criminal investigator with the U.S. General Service Administration, during an interview in November 2005.

Franklin County Attorney Heather Jones appealed that ruling, and the Kansas Court of Appeals ruled in favor of the state in July 2007 that the statements would be allowed in the case.

Morton then petitioned the Kansas Supreme Court to review her case.

Florez previously has argued, and argued Wednesday, that Pontius’ interview was a “custodial” interrogation, a follow-up to an earlier interview between Morton and the Ottawa Police Department, and that she should have been read her Miranda rights.

He said Morton did not know before the interview that Pontius’ report of the interview would be sent on to others, particularly the Franklin County Attorney’s office.

Morton would have had a lawyer present had she known the interview was part of a criminal investigation, Florez said.

He said Morton was told by Pontius that she didn’t need a lawyer for the interview. Pontius testified that he didn’t have that conversation with Morton.

Jones said Morton agreed to meet Pontius at the Ottawa Police Department, that she was not handcuffed, chose not to have a lawyer present and was free to leave at any time.

The Court of Appeals’ opinion said Morton was not in custody and not required to have Miranda rights read to her.

“This defendant was not in custody. This defendant voluntarily admitted the things she admitted,” Jones told justices.

Pontius testified earlier that he met with Morton to clarify information regarding some transactions made at the surplus store. He said he explained that she wasn’t under arrest and that she was free to leave at any time.

He said he was acting on the behalf of the GSA with the idea that his final report could go to the district attorney’s office or anyone who was interested in the case.

If convicted of making a false writing, Morton could face a prison sentence between seven months and 23 months depending on criminal history, though probation is likely in most such cases, legal observers say.

Herald staff writer Jodie Garcia can be e-mailed at jgarcia@ottawaherald.com.