Jail phone calls
A prosecutor's office in Florida has been disqualified from a murder case after listening to attorney client phone calls on the jail's phones. Via Law of Criminal Defense and ABA Journal.
The Broward State Attorney's Office plans to call on the help of the Florida attorney general after a judge kicked the entire office off a murder case because of the conduct of two prosecutors during trial.Circuit Judge Susan Lebow decided Monday that murder suspect Luis O. Martinez's right to a fair trial was violated when prosecutors listened to taped phone conversations Martinez had with his defense attorney, Chris Grillo.
On Tuesday, Lebow granted the state attorney's office motion to put the trial on hold while the office decides what its next move will be.
The state plans on appealing the ruling; every phone call from the jail telephones includes a message that states the phone call will be recorded, and they claim that this is enough to waive attorney client privilege.
For this very reason, in general, I don't accept calls from my clients who are in jail. I ask them to have a family member call or send a letter, and then I will go and speak with them in person. Every phone call from the jail is recorded, and the solicitor's office reviews those recordings before trial. I usually advise my clients not to discuss their case with anyone on the phone including family. Even seemingly harmless statements can be easily misconstrued and used against them at a later date.
