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Couple files civil suit against The Telegram
Published 9/1/2010 in Local News
By RACHAEL GRAY
rgray@gctelegram.com
A Ulysses couple has filed a civil suit against The Garden City Telegram, alleging malicious prosecution and abuse of process in response to a criminal case, wherein the couple was accused of giving the newspaper a worthless check.
Carlos and Julie Moral were charged with theft of services from The Garden City Telegram for allegedly giving a worthless check in the amount of $4,130.
Finney County District Judge Ricklin R. Pierce dismissed the charges Friday during a preliminary hearing. The charges were dismissed without prejudice, meaning the case can be re-filed in the future. Assistant Finney County Attorney Tamara Hicks said a decision has not yet been made to appeal the ruling.
The Morals, representing themselves now have filed a suit against The Telegram, its editor/publisher, Dena Sattler, and its business manager, Marisa Perez, claiming malicious prosecution and abuse of process. The complaint alleges Sattler had given "purposefully misleading information" to the Kansas Bureau of Investigation when the KBI was investigating the worthless check case.
"...The Garden City Telegram, Harris Enterprises Inc., Sattler and Perez never had an insufficient check and caused the state of Kansas to act without probable cause and acted with malice," the complaint alleges.
The Morals are asking for an excess of $75,000 from the defendants on behalf of the business, and an excess of $75,000 on behalf of Perez and Sattler individually. The Morals also request the court grant punitive damages in an amount the court sees fit.
"This lawsuit has no merit," Sattler said. "We'll review the claims and respond accordingly."
Perez had no comment on the suit.
Carlos Moral also faces 29 felony charges in Grant County, including three counts of theft, three counts of making false information and 23 counts of giving worthless checks. Moral, who started The Grant County Gazette in April 2006 in downtown Ulysses with his wife, is accused of stealing $196,800 from Richard Dudley, who owns The Movies in Ulysses. An arraignment in that case has been set for Sept. 13.
Carlos Moral filed a lawsuit in U.S. District Court in Wichita in July 2009 against the Dudleys, accusing them of denying him access to property Moral had rented from the couple. That suit was dismissed Aug. 13, according to court records. The Morals have filed a motion to reopen the case.
The suit also named Grant County Sheriff Lance Babcock and Thomas Pinnick, president of Grant County Bank, who Moral claims gave the Dudleys advice to not allow the Morals to access the office space.
Carlos Moral also faces more criminal charges in Finney County. He is charged with three counts of forgery for allegedly signing a sales contract for a Buick Lucerne from Western Motor in Garden City, and for signing an addendum of the contract and signing a document relating to financial services, all using the name Alan Denno.
A preliminary hearing in that case is set for Oct. 29.
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