The first-degree murder trial of a former Loudon
County woman was delayed after a motion was
continued when a hearing that began in the early
afternoon went well into the evening hours Friday
night at Loudon County Courthouse.
Deborah Janet Morton, who is accused of killing her
husband in an incident from November 2013, turned
herself in to police in 2014.
Now a resident of Georgia, she was indicted by a
grand jury in what was initially reported as a
suicide at a residence on Cattlemans Drive in Lenoir
City.
An attorney with The Garza Law Firm in Knoxville
was ordered by Ninth Judicial District Criminal
Court Judge Jeffrey H. Wicks to self-report
activities after Marcos Garza and his defense
partner publicly unveiled forensic information
they say exonerates their client.
The case was scheduled to go to trial Tuesday
morning, but since the motion was continued, the
trial could be delayed until this spring,
according to Loudon County Court Clerk Lisa
Niles.
“Given the fact that the motion was continued, I
don’t think it’s appropriate for me to comment
on a pending motion,” Garza said, noting that he
could also not comment on the self-reporting
order.
“That’s another one of those things that’s sort
of pending as well,” he said. “… At this point
I’m probably not comfortable on the things that
are pending.”
Responding to a call of a suicide about 5:30
a.m. Nov. 6, 2013, Loudon County Sheriff’s
Office deputies found Ralph Floyd Morton, 56, on
the couch in the living room with a gunshot
wound to the head. Police reported at the time
that Deborah Janet Morton was found standing
over her husband, and the man had a towel
covering part of his face.
According to the 911 call from that morning, a
dispatcher asked Morton how she thought the
wound took place, and the woman said, “I don’t
know, honey. It appears to be self-inflicted.”
Morton told emergency officials that she heard a
shot and then woke up. The dispatcher instructed
Morton to hold a towel in the location of the
wound. The woman’s breathing seemed to get
heavier during the call.
“I’m trying. Oh, God. His brother lives
downstairs. Bobby?” Morton told the dispatcher,
as she called for Bobby Lynn Morton, Ralph’s
brother, who was living in a lower portion of
the home at the time of the incident.
Bobby Morton, who is on the federal sex offender
registry list for aggravated sexual battery, is
not a suspect in the case.
The defense has requested the case be dismissed
based, in part, on what attorneys say was the
state’s failure to record patrol car video or
audio and other pieces of evidence, including
alleged gunshot residue on Ralph’s Floyd’s hand.
The defense has also disputed the state’s claim
that Bobby Morton’s shirt did not contain
gunshot residue. An independent forensics
analysis conducted by Pittsburgh-based RJ Lee
Group found that Bobby’s shirt had particles of
gunshot residue.
As part of his summary report, LSCO Lt. Patrick
Upton, the investigator on the case, reported
that a red pillow with a hole through it was
found on the scene. The pillow had blood and
gunshot residue, according to Upton’s report.
Upton noted that Ralph’s positioning and items
found at the scene were unusual.
“The use of the pillow also seemed out of the
ordinary for someone committing suicide,” Upton
wrote. “Further investigation at the scene also
revealed that Mrs. Debbie Morton had washed her
hands upon the initial deputy’s arrival.”
Upton said in a previous interview that
standards for admitting gunshot residue into
evidence stemming from particles on Bobby’s
Morton’s shirt were insubstantial.
Cortney Dugger, spokesman with the Ninth
Judicial District Attorney General, would not
comment on the case.
When asked whether a complaint against The Garza
Law Firm was filed with the Board of
Professional Responsibility of the Supreme Court
of Tennessee, District Attorney General Russell
Johnson said via email that information on
complaints was "strictly confidential until
acted upon by the BPR."
"The only public disclosure of a complaint
should be when the BPR renders a decision on the
complaint," Russell wrote. "The reason for this
is to not give credence to frivolous complaints
or unfounded complaints. Therefore, if this
office were to have filed or is contemplating
filing a complaint — we could neither
acknowledge nor deny same.
"Additionally, to respond on this subject would
merely lead to more pre-trial publicity and
would add to the damage done and probable need
for change of venue brought about by the recent
News-Herald article."
Garza said he thought he was within his ethical
parameters for commenting on forensics evidence
the defense was planning to bring to bear in the
case.
“The reason we made the prior comment is just
that we felt strongly there we were two
interpretations of the forensics, essentially
that there are two sides to every story,” Garza
said. “We think this is one of those.”