FAYETTE - Developer Robert W. Morgan was having an affair with a former employee and tried to have her husband killed because he thought the man was a homosexual, the prosecutor in a murder conspiracy case said yesterday.

Morgan

Special Prosecutor Kevin Zoellner revealed new details of the investigation in a hearing at the Howard County Courthouse in front of Circuit Judge Ralph Jaynes while arguing that Morgan should not be allowed to post bail.

Morgan, 57, is accused of trying to hire a hit man to kill James McDougal, the husband of the former development director for Morgan’s company, Morgan Development LLC.

Jaynes made no immediate ruling on the request.

Morgan’s attorney, John O’Connor of Kansas City, repeated arguments made earlier by Morgan’s previous defense attorneys, Michael Rehak of Kansas City and Pat Eng of Columbia. He cited Morgan’s clean criminal record, age and ties to the community as evidence he was not a flight risk.

Zoellner, an assistant attorney general, said Morgan’s release would pose a danger to the victim and witnesses. The prosecutor then told Jaynes details of the alleged conspiracy.

Zoellner said Kathy McDougal and Morgan were involved in a long-term sexual affair. He said Morgan allegedly hatched a murder conspiracy after James McDougal decided to end the marriage and take the couple’s children. He said Morgan developed venomous anger at the thought of the children living with James McDougal, who Morgan thought was gay.

Morgan allegedly sought out Daniel Johnson, an asbestos remover for Morgan Development LLC.

"Who do you go to when you want to commit a murder?" Zoellner asked. "A murderer."

Johnson is a paroled murderer, Zoellner said. A spokesman for the attorney general, Scott Holste, later said Johnson had been convicted of a murder 18 years ago in northwest Missouri.

Morgan allegedly hired Johnson on Feb. 10 for $10,000, Zoellner said, and gave him a $400 down payment as well as a map detailing where James McDougal worked and lived.

The plot soon came to the attention of law enforcement, Zoellner said, and Johnson began cooperating with investigators. Audio- and videotapes recorded conversations between Johnson and Morgan as they discussed details of the conspiracy.

Zoellner quoted Morgan saying in one recording, "I want Mr. McDougal killed, his truck taken to a chop shop" and his body hidden. The proposed murder was to occur while Kathy McDougal was out of town.

The prosecutor declined later to say whether Kathy McDougal was aware of the alleged plot.

On a Feb. 18 audiotape, Zoellner told Jaynes, Morgan can be heard paying Johnson $3,500 and promising to give him the title of a truck.

On the day the plot was to reach fruition, Zoellner said, law enforcement took James McDougal into protective custody. Meanwhile, Johnson invited Morgan to come by Johnson’s house for "souvenirs of the murder" - James McDougal’s driver’s license and his SUV.

In the final videotaped transaction between Morgan and Johnson, Zoellner told the court, Johnson showed Morgan the SUV and McDougal’s license.

Morgan believed Johnson had killed McDougal and discussed using Amanda Birge, his daughter and his company’s chief financial officer, to launder money through bank accounts to pay off Johnson, Zoellner said.

Zoellner said the suspect told Johnson in a recorded conversation, "When Kathy asks me what happened, I want to be able to say ‘I guess that queer m------ ran away.’ "

Morgan then hugged Johnson and told him, "I can’t tell you how much I appreciate this."

Zoellner asked Jaynes to order a psychiatric evaluation of Morgan.

O’Connor also said in the hearing he believes his client is near a psychological breaking point, although he asked Jaynes not to order the evaluation. Instead, the defense lawyer asked that the defense hire a private psychologist for a preliminary exam.

After the hearing, O’Connor said there is data suggesting heart surgery after the age of 50 can cause the patient - such as his client - neurological damage.

Morgan’s family was hit hard by Zoellner’s summary of recorded evidence. When the hearing ended, Morgan’s wife walked over to her husband and slid underneath his handcuffed arms as they hugged.

As deputies escorted Morgan to the Howard County Jail, Birge kissed her father’s cheek. "I love you, Dad," she said.