I Would Bet That It Has

 Posted on January 07, 2009 in Uncategorized

In Broward County, Florida, the judge has kicked the whole DA's office off a murder case because two prosecutors had listened to two phone calls between the jailed accused and his lawyer. (H/T Social Services for Feral Children.) The trial started in September; it's "on hold" now (not even a mistrial?).

In her order, the judge wrote that "anyone who has turned on the television in the last 10 years knows" that such conduct would be a violation of attorney-client privilege (she's apparently referring to the opening of some vile Dick Wolf franchise; maybe a reader can enlighten me).

Here in Harris County, prosecutors order CDs of jail inmates' outgoing calls in some cases. Considering that for the last eight years they were led by a guy who thought it was a good idea to send two undercover police officers posing as defense lawyers into the city jail to talk with a defendant there on cocaine charges, one has to wonder how Harris County prosecutors have responded to hearing a recording of the accused talking to his lawyer.

I've never heard of an incident in which a prosecutor disclosed to a defense lawyer that jail calls to the lawyer had been provided by the Sheriff's Office to the DA's Office. Yet such calls must have been provided from time to time. How could it not have?

Prosecutors, drop me a comment if you have had any experience with this.

(Houston criminal-defense lawyers, if you want to ask that calls from clients to you not be recorded, contact:

Captain John Hartc/o Harris County Sheriff's Office1200 Baker St.Houston, Texas 77002)

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