Sheriff bound over on forgery charges; case shines spotlight on notary issue

Embattled Mississippi County Sheriff Cory Hutcheson told an FBI agent he was unaware he could not notarize his own signature on a law-enforcement document, according to court testimony.

FBI special agent Dan Zwiesler stated in Mississippi County Circuit Court on June 27 that Hutcheson, who holds a commission as a notary public, told him he notarized his own affidavit, but did not know such action was prohibited.

But longtime Scott County notary Beverly Riley said Wednesday the prohibition against notarizing your own signature is well understood by notaries.

The comment came as Judge Gary Kamp bound Hutcheson over to circuit court to stand trial on seven felony counts of forgery. The decision followed last week's preliminary hearing in Charleston, Missouri.

Kamp initially took the case under advisement. Kamp's brief written order, dated June 28, was filed in circuit court Wednesday.

In addition to the felony counts, Hutcheson also faces seven misdemeanor counts of tampering with computer data and a misdemeanor count of notary misconduct.

Kamp's ruling only dealt with the felony counts because the judge did not have to issue a decision for the prosecution to proceed with the misdemeanor counts, said Hutcheson's lawyer, Scott Rosenblum.

"We will be ready to defend him in court," Rosenblum said.

State prosecutors have accused Hutcheson of illegally using a computer program at the sheriff's department to ping cellphones of a judge and five Missouri State Highway Patrol officers to determine their locations.

Prosecutors said Hutcheson notarized his own affidavits to access a computer program to ping the cellphones.

Hutcheson is accused of committing those crimes in 2014 while serving under Sheriff Keith Moore. Hutcheson was elected sheriff last year.

Kamp last week bound Hutcheson over to stand trial on a first-degree robbery charge in another case.

Riley said she has worked as a notary for at least 27 years, including 23 years in her role as a deputy clerk for the Scott County Clerk's Office.

She said the prohibition against notarizing your own signature is not new and is clearly spelled out in the Missouri Notary Public Handbook.

Riley said notary applicants must pass a 30-question online test to be commissioned by the Missouri Secretary of State's Office.

The applicant has up to 90 days to meet qualification requirements, including providing a $10,000 surety bond for their four-year term as a notary public.

The county clerk or deputy clerk administers the oath of office, according to state law. Only then can the individual serve as a notary.

As part of the oath, notary publics swear, under the penalty of perjury, that they have read Missouri's notary law and will perform all notarial acts in conformance with state law.

The handbook, which can be found online on the Secretary of State's website, states in bold type "a notary cannot notarize his or her own signature. A notary is to be an impartial witness."

According to the handbook, the Missouri Secretary of State may revoke a notary's commission if that person is convicted of any felony or official misconduct.

Riley said notaries have to take the test and go through the application process every four years to continue serving in that role.

mbliss@semissourian.com

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