Woodward, Okla. —
A former Woodward Police detective was charged Thursday with 13 felony counts related to accusations that he stole methamphetamine from the police department's evidence room.
Michael Albert Morton, 55, has been charged with 4 felony counts of conspiracy to commit theft of methamphetamine, 5 counts of theft of methamphetamine, and 4 counts of distribution of methamphetamine.
Morton appeared in court Thursday afternoon for his initial appearance in the case. Associate District Judge Don Work scheduled a preliminary hearing for July 24 and set a $20,000 personal recognizance bond that had already been worked out by Morton's attorney Mike Mitchel and the prosecutor.
After the brief hearing, Mitchel took quickly took Morton to be processed and released on that bond.
According to an affidavit filed with the charges, Morton told investigators he used his position as a police detective to steal methamphetamine from evidence to give to his then wife Christine Sue Morton. The couple has since divorced in June 2010 and she now goes by the name Christine England.
The affidavit also references an admission that Morton made in open court as part of a hearing for an unrelated federal case in July 2010.
"During that hearing, while under oath, Michael Morton admitted that he had given Christine Morton methamphetamine that he had removed from the evidence room of the Woodward Police Department. Michael Morton also admitted under oath that he knew Christine Morton had broken into the evidence room at the Woodward Police Department to steal methamphetamine. That he had discussed with Christine Morton the story to tell investigators that she had broke into the evidence room to obtain alcohol," the affidavit states.
According to the affidavit, Morton met with a Woodward County DA's Investigator Steve Tanio following the hearing and allegedly told Tanio that "on 'several' different occasions he had stole methamphetamine from the Woodward PD evidence room and gave it to Christine Morton ... so that Christine Morton would not be 'looking for it on the street, where it was dangerous.'"
Morton also allegedly told Tanio "he 'mainly' got the methamphetamine from cases set for destruction," the affidavit states.
The affidavit mentions 8 separate occasions between May 2009 and March 2010 when Morton allegedly obtained methamphetamine for his wife.
The Oklahoma State Bureau of Investigation (OSBI) began a lengthy inventory of the Woodward Police Department's evidence room shortly after Morton's courtroom admission in July 2010.
"This inventory determined that there were approximately sixty-seven (67) items of evidence that contained methamphetamine and/or illegal substances that had been tampered and which appeared to have methamphetamine missing," the affidavit states.
Through further investigation and testing it was determined that methamphetamine had been removed "from most of the tampered evidence envelopes in question," the affidavit states. It was also determined "that the majority of the cases where drugs were taken, the drugs had been slated for destruction" as Morton had allegedly claimed, the affidavit states.
Morton, who was a detective with the Woodward Police since March 2002, resigned from the police department on July 12, 2010.
COMMENTS FROM PROSECUTOR
Prosecution for Morton's case is being handled by District 1 District Attorney James M. Boring, whose district covers Cimarron, Texas, Beaver and Harper counties.
Although the investigation determined that 67 evidence envelopes had been tampered with, Boring told The News, "I didn't feel it was necessary to file 67 counts, that seems to be going a little overboard."
"When it's all the same type of charges, 13 counts are more than adequate," he said.
Boring said, "there are basically 3 charges: the conspiracy to commit theft, the theft itself and distribution."
"The reason for the different counts (beyond 3) is because of the different time frames involved," he said.
Boring was referencing 4 different time frames outlined in the affidavit of the case: 1) between May 1, 2009 and June 30, 2009, which is the first time Morton allegedly stole the drugs for England, 2) between July 1, 2009 and Dec. 31, 2009, 3) between Jan. 1, 2010 and Feb. 28, 2010, and 4) between March 1, 2010 and March 26, 2010, which was the last time Morton allegedly stole methamphetamine evidence.
Boring said these time frames were delineated because "circumstances changed at the end and beginning of those different time frames."
But he didn't expound about what those circumstances were or how they changed. However, the affidavit references that in the first instance "sometime between May 1, 2009 and June 30, 2099, Christine Morton was feeling depressed because her children did not want to go to Woodward after school was out and [she] asked Michael Morton to get her some methamphetamine."
The affidavit also notes that around the time of the last alleged theft, "about the end of February 2010 to early March 2010, Michael Morton and Christine Morton separated."
Despite the numerous charges and the seriousness of those charges, Boring said he felt the $20,000 personal recognizance bond was "reasonable" in Morton's case.
"I didn't feel like there's any risk that he (Morton) will not appear at any of his future court hearings," Boring said, noting Morton "has numerous contacts within the community."
In addition, the District Attorney said he felt the $20,000 PR bond was fitting because Morton "has no prior criminal history and there's nothing I have to indicate that he poses a threat to himself or the public."
Boring said he is ready and prepared to proceed quickly with the case.
"I believe there was a thorough investigation by the OSBI, and I'm satisfied that we know what happened, when it happened and how it happened, which is why we have presented these charges. And I'm ready to process this case through the criminal procedures," Boring told The News.
He even told the judge he could be prepared for a preliminary hearing within 2 weeks, but Morton's attorney requested more time to review documents which is why the hearing has been slated for July 24.
ENGLAND GRANTED IMMUNITY
When Morton's case comes up for preliminary hearing, Boring indicated to The News that he plans to rely on one witness in particular to present probable cause needed to justify binding Morton over for trial.
"All I've got to do is issue a writ and get an inmate brought over from Mabel Basset and I'd be ready for a preliminary hearing," he said, confirming that the inmate he was referencing is Christine England.
England is serving time at Mabel Basset Correctional Center in McLoud in connection to a revoked 4 year suspended sentence from Stephens County on a 2006 conviction for possession of firearm while under the supervision of DOC.
She is also serving out a 3 year sentence from a 2011 conviction from Woodward County for injuring a public building, from when she damaged 3 doors as she broke into the Woodward Police Department evidence room on March 27, 2010.
According to the affidavit filed along with the charge for injuring a public building, England told investigators that she was trying to take some alcohol from the evidence room after Morton refused to give her money for alcohol.
But further investigation later determined she was allegedly in search of methamphetamine and not alcohol.
However, England has since been granted immunity in the matter in return for agreeing to testify against her former husband.
According to the immunity agreement that was filed June 20, 2011, England "will answer any and all questions propounded to her, whether by law enforcement officers in an investigative stage or by counsel or the Court during legal proceedings, regarding the possible criminal activity of Mike Morton and any items related thereto, including, but not limited to, the matters concerning the evidence room in the Woodward Police Department."
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