A video recording of an interview between a Pennsylvania State Police corporal and a former Concord Township secretary who was charged with theft and fraud was played in court Friday to determine whether the interview would be allowed in her criminal trial.

Judith A. Stoops, 51, of West Sunbury faces multiple felony charges of fraud after police filed a complaint in October 2018 accusing her of stealing more than $12,000 from Concord Township during her time as secretary.

At the time, Stoops served as secretary for the township at its municipal building on Hooker Road.

Stoops allegedly used false mileage and health care reimbursement claims between January 2016 and March 2017, according to a police report.

She has pleaded not guilty.

Attorneys argued Friday during Stoops' hearing whether the tape shows that she should have been given a reading of her Miranda rights and if the interview could be used in court.

Judge William Shaffer said he would send his opinion to the attorneys once the decision was made.

The Miranda warning is a statement read by an officer of the law to criminal suspects that begins, “You have the right to remain silent.”

The first and only witness called to the stand was Corp. Christopher Balcik , of the Pennsylvania State Police, by Prosecutor Robert Zanella, assistant district attorney for Butler County.

Balcik was part of the criminal investigation unit that was involved in Stoops' case. He interviewed her in May 2017 at the state police barracks in Butler.

Balcik testified he told Stoops that she was “free to go” before she walked into the interview room.

Zanella argued that the atmosphere during the interview was “calm,” that Stoops was not handcuffed, no force was used and she was not “arrested or detained.”

Her husband was present during the interview.

During cross-examination, Stoops' lawyer, Ryan Mergel, argued that Stoops' investigation had been open for six weeks before the interview.

Balcik explained that he did not tell her why she was called in, but instead explained that he “just wanted to speak with her.”

Mergel said Balcik failed to explain in the recording that Stoops was free to leave. He also noted that Balcik wore plain clothes, his sidearm and his badge sat between the door and Stoops.

He said factors to consider before the Miranda warning is read include whether the suspect is properly informed, the location and timing and the presence of weapons.

In closing, Mergel said his client needed to be informed of her rights and asked that the interview not be used.

Zanella explained that since Stoops never was detained and voluntarily came in for the interview, her husband was present and there was no threat of force that Miranda rights were not required.

After the hearing, Mergel said based on the video, the action was a violation of the Constitution, he said.

The video was self-explanatory, Zanella said after the hearing.

Schaffer will review the evidence and testimony from the hearing and issue his opinion.

A pretrial conference will take place Aug. 14. A criminal trial is expected to take place the week of Aug. 26.