STATE REPS. WILLIAMS, KASTEN SAY MORIARTY PROBABLY SHOULD RESIGN

State Reps. Marilyn Williams and Mary Kasten have been agonizing over the prospect of having to consider the impeachment of Secretary of State Judith Moriarty.

Both agree that Moriarty's office has some major problems, mistakes have been made, and that Moriarty probably should resign.

On Thursday, the first day of a special session called by Gov. Mel Carnahan to consider Moriarty's impeachment, Kasten and Williams reluctantly voted to begin impeachment proceedings led by a five-member committee.

Although neither was appointed to the committee, both attended most of the committee hearings Thursday night and Friday morning, hoping to hear something to ease their concerns.

Both listened to testimony, agonizing over the possibility they might be asked to vote on an article of impeachment on the House floor late Friday afternoon. But about 1:30 p.m. Friday, the committee adjourned until Oct. 3, because members agreed it needed more time to hear evidence.

Testimony was a rehash of what was presented to a Cole County jury earlier this month when Moriarty was found guilty of altering paperwork to help her son file for state representative.

From observing the hearing, both Williams and Kasten drew different conclusions.

For Williams, a Democrat who represents Stoddard County and part of north Scott County, the testimony made her feel better about the vote she had made to start impeachment proceedings. She concluded that there could be something to the allegations against Moriarty.

But for Kasten, a Republican from Cape Girardeau, watching the committee hearings only convinced her more than ever that there are two distinctly different versions and that lawmakers should slow the impeachment process to insure there is a thorough investigation.

"I voted for the investigation but I am not sure I am going to vote for impeachment," said Kasten. "It seems to me there is not enough solid evidence to prove this is an impeachable mater."

Williams said she was glad that she took the time to hear much of the evidence herself. "I was really upset over it and feel much better about my vote," said Williams. "After hearing the testimony, I have a feeling that there is something to the allegations."

Williams pointed out that if the House voted an article of impeachment, a trial would be held before the Missouri Supreme Court before any final ouster could occur. She said the trial would be much like an appeal of her conviction, and there is a possibility the court would vote against her ouster.

Moriarty is scheduled for sentencing in November for her misdemeanor conviction. Since the conviction relates to performance of her official duties, once sentenced she would be required to resign her office, even though other legal appeals might be open to her.

The judge might suspend imposition of sentence, which could allow Moriarty to continue to serve. But Williams said if the committee and full House find enough evidence to vote impeachment, Moriarty may find a supreme court trial her only option to stay in office.