A federal lawsuit filled by four criminal defense attorneys in Travis County, Texas, alleges that the local sheriff’s department secretly monitored and recorded private phone conversations between inmates and their legal counsel.
If the allegations turn out to be true, it would represent a clear and troubling violation of the expected attorney-client privilege.
“The confidentially of conversations between an attorney and his or her client is one of the basic frameworks of our legal system,” said criminal defense attorney Avery Appelman. “If the sheriff’s department recorded these calls, the defense is basically handing over the blueprint for how they plan to attack the charges. It’s akin to knowing what play the offense is going to run before they snap the ball.”
While the depth of the alleged recordings is unknown, rumors began to circulate among those in the legal community about recorded phone calls in the Travis County jails. Defense attorneys allege that the recordings or private information would surface during the discovery phase of trial, where the prosecution and defense are required to share all relevant case materials. In their lawsuit, the defense attorneys allege that the prosecution more than once used the recordings to “their tactical advantage without admitting they obtained or listened to the recordings.”
Severe Injustice
The attorneys filed the federal lawsuit at the U.S. District Court in Austin. They state that the recorded conversations violate state and federal wiretap laws, infringe on Fourth Amendment protections and hinder their ability to provide their clients with fair and effective counsel.
The sheriff’s department and the phone company that manages the two Travis County jails would not comment on the allegations.
Appelman added to his previous comments, noting, “The fallout from such an injustice would be far spread. Even if it turns out that they weren’t recording calls, it could make inmates hesitant to open up to their attorneys from jail. In order for an attorney to provide the best advice to his client, he needs to know all the facts in the case. If the client withholds information out of fear that the prosecution will use the incriminating evidence against them, the defense will not be able to ensure that they are giving their client the best guidance. It’s truly troubling and a disgraceful violation of Fourth Amendment liberties if these calls were indeed recorded.”
Related source: Huffington Post
