SPANISH FORK, Utah County (ABC 4 News) - Pam Mortensen walked out of the Utah County jail Wednesday afternoon a free woman -- cleared by authorities of involvement in the murder of her father-in-law, Kay Mortensen. She walked hand-in-hand with her mother and sister telling waiting reporters only that she felt "fine."
Her attorney, Greg Skordas, said she broke down when she walked out the door and realized her freedom was real. "Breaking the news to her yesterday, she almost didn't know whether to believe it," Skordas said. "Until she literally walked out the door, she probably thought this nightmare isn't over. Now it is."
Although also cleared of the charges, Roger Mortensen remained in custody on a federal weapons charge.
Skordas is concerned that a Utah County grand jury indicted the couple for a crime they did not commit. "I have never been a fan of the grand jury system. I hope this case causes some pause before we use the grand jury system again. The fact that she spent four months in jail can never be recovered."
The July indictments against Roger and Pam Mortensen apparently hinged on "inconsistencies" in their stories of what happened on November 16, 2009 -- the night of the murder.
They said they'd come to the house and were confronted by intruders who tied them up. They got loose after those intruders left and found the body of 70-year old Kay Mortensen in a bathroom.
Turns out they were telling the truth.
According to a statement filed by investigators, Martin Bond -- one of the new suspects -- admitted to "having contact with two individuals who arrived at the residence and having zip tied and held (them) against their will."
Suspect number two, Ben Rettig, "was also found to be in possession of a driver's license belonging to roger Mortensen."
The way the statement reads, both Bond and Rettig were very cooperative. It goes on to say they led investigators to sites around Vernal where they'd hidden weapons stolen from Kay Mortensen's collection the night of the murder.
It seems they disagree only about who actually killed Mortensen. Investigators wrote, "Martin said Ben had cut Kay's throat and stabbed him in the back of the neck," while, "Ben stated that Martin was the one."
Under the law, Skordas says it does not matter who held the knife. "If people enter a home and in the course of a robbery, a homicide takes place, the fact that they are complicit; the fact they planned and organized the thing together makes them both equally culpable," he explained.
Bond and Rettig are being held in the Utah County Jail on suspicion of burglary, kidnapping and murder. Bail is set at 1-million dollars -- cash.
