Kline’s choice of investigator in Morrison probe questioned

? Johnson County commissioners have summoned District Attorney Phill Kline to a meeting next week to discuss the hiring of a special prosecutor for the investigation of former Attorney General Paul Morrison.

Commissioners are concerned about Kline’s hiring of a former co-worker for the independent investigation into Morrison, who is accused of criminal misconduct while carrying on an affair with a subordinate. Morrison resigned from his post as attorney general after admitting to the affair, but he has denied other allegations.

Kline has selected two special prosecutors, Robert E. Arnold III and Timothy E. Keck, to investigate. Keck worked for Kline in the Johnson County district attorney’s office for a year until resigning last month to start a law firm with Arnold.

Morrison and his attorney have said that in hiring Keck, Kline broke a promise he made to Johnson County commissioners to hire an independent investigator. The commissioners gave Kline $25,000 to hire the investigator.

County commissioners voted 6-1 to summon Kline to their next meeting, which is scheduled for Thursday morning.

“The perception of the public is that the special prosecutor had a working relationship with Kline and could not possibly render an independent decision as to whether crimes had been committed,” Commissioner Doug Wood said.

John Toplikar, who voted against the summon, accused his colleagues of trying to kill the investigation and said the other members were an example of the friendships Morrison has developed within the county.

“Paul’s friends know there will be a field day here if Kline shows up – a media circus. It will put Kline on the spot to retreat from what he’s doing and who he’s hired,” he said.

A spokesman for Kline, Brian Burgess, said he could not immediately comment Friday.

Morrison and Kline are bitter political enemies. In 2006, Morrison was the Johnson County district attorney and switched to the Democratic Party to defeat Kline, a Republican, in the attorney general’s race. Republicans then picked Kline to fill the county job.

Morrison’s former lover, Linda Carter, the former director of administration for the Johnson County district attorney’s office, has alleged that Morrison tried to get her to provide sensitive information about Kline’s activities. She also has said that Morrison, through her, tried to influence a federal lawsuit filed by eight employees of the district attorney’s office who were dismissed by Kline.

Carter has said her affair with Morrison began in September 2005, while he still was district attorney and her supervisor, and that it continued for two years. After Morrison became attorney general, she stayed in the district attorney’s office, working for Kline until the end of November.

Keck has promised to conduct a fair investigation, but most county commissioners said they remain skeptical.

Annabeth Surbaugh, chairwoman of the Johnson County Board of County Commissioners, said that perception is the greater part of truth. “‘When in doubt, sit it out’ has always been my motto,” she said.

Commissioner John Segale said he would like to see Attorney General Stephen Six, who replaced Morrison, step in to clarify the process and remove any potential conflict of interest.