Carter County Prosecuting Attorney Rocky Kingree was ordered to answer questions from the attorneys prosecuting those charged in connection with wrongdoings of former sheriff Tommy Adams after walking out of a deposition Tuesday morning.

After hearing arguments and overruling the motion to stop Kingree's deposition, Presiding Circuit Judge Michael Pritchett told Kingree at that time to "comply with the subpoena that had been issued to proceed with the deposition.

"Within an hour or so after, I was approached by the Attorney General's Office and advised the deposition had not taken place."

The notice to take Kingree's deposition was filed by Assistant Attorney General Richard Hicks as part of the state's case against Gary Wayne Bender, aka "Goober."

Pritchett issued a show cause order requiring Kingree to appear Tuesday afternoon to explain why he "should not hold him in contempt for refusing to answer questions" and why "he has not fully complied with the subpoena ... ordering him to produce certain documents and materials."

Hicks told Pritchett Kingree did "show up," but "made it plain he wanted to ask me questions, and I explained ... this was going to be a state deposition. I would ask him questions. ...

"He said: 'Well, I'm going to take the Fifth Amendment; I'm not going to answer any of your questions."

Fewer than 15 minutes into the deposition, Hicks said, Kingree had "gotten up a couple of times, but he finally got up and said: 'I'm taking the Fifth, and I'm leaving.'"

When Kingree left, Hicks said, it was his belief that Kingree was going to go to the courthouse, which is where he, Assistant Attorney General David Hansen and Steve Lynxwiler, who represents Bender, went.

Tuesday afternoon, Kingree told the court there was a lot of conflict between "me and the (Missouri State) Highway Patrol when I filed the charge. They didn't hand over the information for a long period of time. Eventually, I conflicted out."

The AG's Office was appointed to handle the cases stemming from the patrol's investigation of suspected illegal activities involving Adams.

Kingree said there were "deep concerns" because Hicks used to work with and represent the patrol.

Kingree said he also "attacked" Attorney General Chris Koster for "being unprofessional" last year.

Hicks, according to Kingree, "admitted" in a recorded conversation that he had "went down and harassed Ms. (Steffanie) Kearbey about me asking questions ...

"As soon as they found out that I was after the highway patrol, Mr. Hicks went down and started asking questions."

Kearbey is serving five years in the Florida federal prison after pleading guilty to the felonies of possession of a stolen firearm and sale of a stolen firearm.

When Tuesday's deposition started, Kingree said, the questions weren't about Bender or Kearbey.

"He started asking me about third parties that are not even charged," Kingree said. " ... I am concerned that (Hicks) is going to try to falsify information like he's repeatedly done in the past.

"I've also got records of him approaching people and saying basically 'If you'll say this, I won't charge you' in another case. I also have where he is stalking" or "the police" were stalking Kingree's ex-girlfriend.

Pritchett told Kingree the only thing in front of him was whether a subpoena was issued for a deposition.

"My understanding is that is was ... nothing that you are telling me about ... is going to change my mind," the judge said.

Pritchett asked whether it was Kingree's intention as to "assert" his privilege against self incrimination.

"I'm concerned any information is going to be used against me to falsify information," Kingree said.

Pritchett said he didn't believe that. "The privilege against self incrimination does not deal with the situation where somebody can take the words that you say and fabricate something," he said.

When Kingree told Pritchett he had additional arguments, the judge asked whether Kingree had "some argument," which was going to convince "me that you don't have to obey the order I made" earlier.

Kingree answered "yes," indicating he had "prosecutorial immunity."

Kingree said he had "no problem taking a deposition if I have exculpatory evidence... The only information I have is what the police gave me. I'm not a fact witness ... I just got what the police gave me, so I do have prosecutorial immunity."

Pritchett told Kingree he was not being prosecuted nor was he a "party in this case. Prosecutorial immunity doesn't have anything to do with what we are doing today here."

Pritchett said he didn't see any reason why the deposition couldn't take place. He said he was available to rule on any questions Kingree believed were "getting out of bounds," but it won't work for "you to just get up and leave."

Kingree asked whether he had to answer questions about people he didn't prosecute.

"I'm a little confused ... I didn't really understand why I'm getting asked about third parties that aren't even being prosecuted," Kingree said. "That's why I got up and left."

One issue, Lynxwiler said, is the other people who were being investigated at that time and believes Hicks was asking about the "actual caption" in Kingree's motion seeking the appointment of a special prosecutor. The motion cited the investigation of Adams, Kearbey, Richard Kearbey, Bender, Dustin Bryant and Mark White.

Lynxwiler said there are "numerous people that have been either mentioned in discovery or endorsed as witnesses ... . That was the people Mr. Hicks was going into."

Lynxwiler said those would be who he would be interested in ... it may not be people that necessarily have been charged, but they may be potential witnesses for the state."

When Kingree was shown his motion naming those individuals, Hicks said, his "simple question" was whether Kingree had a conflict because of his relationship to someone listed.

Kingree said no.

Hicks said he also asked whether Kingree had a conflict with "law enforcement, and he said: 'No. My conflict is with the highway patrol. I don't trust them.' ..."

Hicks said it was when he asked about White, who he described as a "personal friend" of Kingree, that Kingree indicated it was getting "far afield."

Because of accusations made by Kingree, Hicks said, he is "trying to figure out what is the information you have against the highway patrol, so I can disclose this (to the defense attorneys)."

Kingree told the court he didn't have any "exculpatory evidence or I would have handed it over."

Hicks said he went to Van Buren, Mo., Feb. 5 to meet with Kingree and "specifically" asked the prosecutor about his accusations against a trooper.

"When they agreed to produce (the trooper), you then told them: 'I want to wait because I don't want to mess up the Attorney General's Office's cases against Tommy Adams and Steffanie Kearbey'," Hicks said. " ... If there is something there, I've got to disclose it."

Kingree, Hicks said, told him the trooper was a "separate investigation," and he wasn't going to provide the information.

The subpoena, Hicks said, also clearly stated he was to bring the related documents.

"He showed me documentation, discs that he had related to this case," Hicks said. "He is out of the case. ... He should not be touching these things," which is why the state sought the items.

"I can't understand why they are wanting the same tapes the police gave them; they are actually used in another investigation for special reasons," Kingree said.

The easy answer, Pritchett said, is "if you've got it, produce it. I don't care if anybody has it already."

Pritchett said it also was his understanding the AG's office believes Kingree has information in regards to one of its witnesses that may have to be disclosed.

"I don't think you can just decide, well, I will, but I'm going to do it later," Pritchett said. "That's not the way it works because what ends up happening," if there is a trial and conviction, "it gets kicked back and everybody does it all over again because ... the state failed to disclose information.

"If you have information about these parties or these witnesses that you have come across ... I'm ordering that you produce that to the state."

Kingree said it may take him some time "to produce that because actually it is in another place, and I'll produce it as quickly as possible."

Less than five hours earlier, Kingree and his then attorney, Dan Moore, appeared before Pritchett seeking to stop Kingree's deposition.

At that time, Moore said, he filed the motion because "the state has all the information. ... We believe that this is just an attempt to inconvenience the elected prosecutor and (there is) no legitimate reason to depose him."

Hicks described himself as being puzzled as to why Moore "is not equally interested in anything the state is interested in" as he also represents Kearbey.

Hicks charged the 25-year-old Ellsinore woman in December with the felonies of receiving stolen property, second-degree burglary and stealing and first-degree burglary.

After Hicks refiled the charges against Kearbey, he said, Kingree, who had charged the woman and later dismissed them, left him a voice mail message in January.

In that message, Hicks said, Kingree reported having sent a recording he had with an FBI agent to Moore.

Kingree, Hicks said, wanted to let him know because he felt he had an "ethical obligation to do so. ... Again, he's supposed to be out of the cases."

Upon receiving Kingree's voice mail, Hicks sent him a certified letter asking Kingree for whatever other information he had.

Kingree's response, he said, was to meet in person at his Van Buren, Mo., office or through a Skype conference.

Five days later, on Feb. 5, Hicks said, he and an investigator met with Kingree and told him the FBI recording, everything, needed to be turned over to the AG's office.

"He showed me; he said: 'Well, this is mine, and I'm not going to give it to you. ...,'" Hicks said. "I'm doing my own investigation is basically what he is saying."

The other reason, Hicks said, for the meeting was a Jan. 20 voice mail Kingree had left for patrol Capt. Sarah Eberhard.

In that voice mail, Hicks said, Kingree alleges patrol Sgt. Jeff Heath committed crimes in Carter County, and he wanted Heath's personal information, so that he could subpoena him or wanted the patrol to produce him for an interview.

Heath, according to Hicks, is one of the "primary witnesses" in the cases against Adams and Kearbey.

The next day, Hicks said, Eberhard texted Kingree back, asking what he needed.

When Kingree told Eberhard she needed to produce Heath, Hicks said, the captain agreed and asked who Heath needed to speak to.

Hicks said Kingree then told Eberhard he was going to "'hold off. We've decided we are not going to pursue this at this point because we don't want to mess up the Tommy Adams' case.

"'I want to wait til Steffanie Kearbey gets through preliminary hearing. We may just wait because we don't want to mess these cases up for the Attorney General's Office.'"

Hicks told the judge he didn't "believe there is anything to it, but what I believe is really not important here because I've got to investigate this ..."

And, if there is any truth to Kingree's allegations, Hicks said, that information has to be given to Lynxwiler, Moore and David Mann, who represents Adams, as it may be exculpatory evidence for the defense.

If Kingree refused, Hicks said, he told the prosecutor he would have to seek a subpoena for deposition and let a judge decide.

Hicks said he believes the state is entitled to the information.

For Moore to say: "'Hey, they have everything.' I don't know how he can say it," Hicks said.

While Kingree may have given the FBI recording to Moore, "the state does not have the recording," Hicks said. "I don't know what other information we don't have."

Moore said he didn't object to the court ordering Kingree to turn over any information he has.

"I think it is a fishing expedition by the state," Moore said. "... if (Kingree) has any information, any documents, any recordings, I'm sure he has no problem with the court ordering him to turn that over.

"I don't know that he can be subjected to, what his thoughts are with regards to various crimes that may or may not have been committed in Carter County."

Moore said he believes that is the "real purpose" of the deposition.

Hicks disagrees, indicating the "whole purpose" was to learn whether Kingree has anything that needs to be given to the defense. "It's not a fishing expedition," he said.