Calgary officer on trial for corruption admits he did outside work on CPS time with police resources
Meghan Grant | CBC News | Posted: March 1, 2018 1:00 AM | Last Updated: March 1, 2018
Three current and former police officers accused of targeting mother in custody battle
A Calgary police officer on trial for corruption-related offences has admitted he did work for a private investigator while on duty with CPS and lied to his supervisors by calling in sick so that he could take shifts worth $1,000 a day.
And although Const. Bryan Morton staunchly denied being paid to do unauthorized computer searches on CPS databases, prosecutor Leah Boyd pointed out numerous text messages which seemed to suggest otherwise.
Boyd spent four hours exhaustively presenting evidence which contradicted Morton's original testimony. Defence lawyer Jim Lutz questioned his client Tuesday, during which time Morton played down his role with a private investigation at the centre of this trial.
Morton is charged with unauthorized use of a computer system, breach of trust, bribery and criminal harassment.
He is on trial alongside Const. Brad McNish and former CPS officer Tony Braile. The trio is charged in connection with work they did for a PI firm run by a retired CPS officer, Steve Walton and his wife Heather.
One of the Walton's main clients was Ken Carter, a multi-millionaire who had hired the company to follow and dig up dirt on his ex, Akele Taylor, who he was battling with for custody of their daughter.
Taylor testified earlier in the trial that she was constantly stalked and harassed by Steve Walton and men who worked for him for two years.
Although he agreed with Boyd that working for Walton on the Carter file was lucrative, Morton said it was all about keeping the child safe. Morton said yesterday that he'd been told Taylor was a drug addicted prostitute.
"As a police officer, when you want to keep a child safe, wouldn't you want to contact child services?" Boyd asked.
"It's situation dependent," Morton replied.
Work for Waltons while on shift with CPS
In February 2013, Morton texted Braile about watching the neighbourhood where Taylor's new boyfriend lived. Morton would have been on duty at that time.
"I'm going to float around the 41 St. address while working tomorrow... see if I see her," wrote Morton.
While on shift with CPS later that month, Morton messaged Braile to say he'd spotted Taylor at a Safeway near her home.
Morton said the Safeway was in the district he was responsible for patrolling and that spotting the target from his other job was a coincidence.
In June 2013, text messages and computer forensics show that while on shift with CPS, Morton drove to a pub to meet the Waltons and while there, ran a name on CPIC at their request.
'How much shit will I be in?"
The bribery, breach of trust and unauthorized use of a computer system charges relate, in part, to searches Morton is alleged to have done on police databases — CPIC and PIMS — for Walton's company. In his original testimony Tuesday, Morton admitted doing searches for the Waltons but denied being paid for that work.
Morton agreed with Boyd's suggestion that using CPIC and PIMS for personal reasons is "strictly forbidden" by the Calgary Police Service but he characterized it as a "policy breach."
"You think of it only as a police breach?" Boyd asked.
"Yeah, it's a policy breach," said Morton before agreeing that he wouldn't want to get caught.
In several text messages with Braile, Morton expresses concern about his use of police resources for his job with the Waltons.
"How much shit will I be in here for using police resources? lol." he wrote in a message in January 2013.
Even though he told Boyd he would need a "legitimate reason" to do a CPIC search, Morton admitted he'd done one for Braile after his then-friend had an issue with a man he'd sold a car to.
He then shared the private information — including the man's name, address and date of birth — with Braile.
"Surely you must agree with me then that your [intention] was to help out Mr. Braile?" said Boyd.
"No," said Morton. "I would agree that I ran that information and provided it to Tony but I can't remember why."
'Usual fees apply'
After a CPIC request in February 2013 from Braile, Morton responded: "I work at 1900 tonight, I'll run it," Morton responded, then: "usual fees apply for plate running."
But again, he denied being paid for the CPIC and PIMS searches: "At this point, as I said earlier... that's not the case, I was never paid any money... this was a joke, the usual fee of nothing is nothing."
Later that month, another conversation between Braile and Morton suggests again that there were payments for CPIC checks.
"I Mentioned to Steve your availability... he says $1,000 per month for intel checks," wrote Braile.
Morton texted: "So for getting that info Steve's going to pay me $1,000? lol."
But he continued to deny getting paid to search CPS databases for the Waltons: "That is me asking a question in disbelief."
Another text message appears to suggest Morton typically got paid for CPIC searches. In a Sept. 2013 message to Heather Walton, Morton wrote: "So you know that CPIC yesterday is a free one, I don't want anything for it."
Calling in sick to take shifts
In Jan. 2013, when Morton surveilled Taylor in Edmonton, he left work early, telling his boss that his girlfriend had a health scare with her heart.
Later that year, after the 2013 floods, Morton got quite a few shifts providing security on the home of an oil executive who feared looting after his house was left damaged and unoccupied. At $1,000 per shift, Morton told his then-partner that he had called in sick to take a shift.
In a message to another colleague, Morton joked about the "24 hour flu" being worth $1,000 after he'd taken a shift watching the flooded house.
McNish to testify Thursday
Boyd confirmed Morton never got permission from CPS to do the work for the Waltons.
"You knew it wouldn't be approved as legit outside work?" she asked.
"I thought maybe it might not be," he said.
Defence lawyer Pat Fagan has already told the court Braile will not testify. McNish's lawyer, Paul Brunnen, has indicated his client will take to the witness stand on Thursday.
Braile, Morton and McNish face charges of bribery and unauthorized use of a computer system. Braile and Morton also face charges of criminal harassment, while Morton and McNish each face a charge of breach of trust.
The trial is set to wrap up on Friday. Court of Queen's Bench Justice Bryan Mahoney will reserve his decision.
Later this year, the Waltons and Carter go on trial for similar offences.