GUILTY KS - Alicia DeBolt, 14, Great Bend, 21 August 2010 - #3

[westsidefox64]

Bingo on the ones with attorneys being privileged. The fact they are stating they have since "stopped" recording suggests to me they indeed knew it was wrong. And perhaps had never been called on it before?

Routine to record conversations from prisons perhaps, but ones between client and attorney are a no-no.

I'm not real clear on what it is you're looking for proof on? If they did indeed record it? Don't think there will be anything to back that up until AJL's attorneys walk into court and make motions for dismissal (etc) and offer up said proof their phone calls were indeed recorded.

Hadn't expected to read this much news on it given the gag order, but I guess the AG's office was allowed a two-sentence response.

Makes me nervous that prison officials "may" have messed this one up.

Even if merely an honest mistake, could be a costly one.

I just didnt know if I had to post a link to proof of attorney client privilage. Im still learning the rules of WS

 

[anyoldtime48]

I just didnt know if I had to post a link to proof of attorney client privilage. Im still learning the rules of WS

Should be perfectly fine if related to fact finding.

A couple links on the subject. After reading them, perhaps the reason further recording was stopped is a possible glitch in that facility's auto recording system. Might not be filtering attorney phone numbers the way it is supposed to and some calls slipped through?

this article is pretty much right on topic:

http://www.post-gazette.com/pg/09297/1008072-455.stm

Question might simply come down to prisoners being made aware that all calls are, or may be monitored, and by ignoring that warning, they waive the right to attorney-client privilege if they choose to continue.

A whole bunch on the subject in general.

http://www.enotes.com/everyday-law-encyclopedia/attorney-client-privilege

I suspect this tactic is attempted much more often than the public is aware of. Seems to have come into question in many jurisdictions.

Smart prisoner would keep their mouth shut. Talk only to their attorney(s) and only in a private setting where there is no chance of it being recorded.

"Courts have consistently ruled that the recorded message at the beginning of inmates' calls is adequate warning."

http://www.totalcriminaldefense.com...ence/incriminating-jail-cell-phone-calls.aspx

 

[Kimmer]

I noticed in the motion to dismiss that AL Attorney said that he either wanted the case dismissed or the death penalty off the table...Seems to me this Attorney is well aware that this will in no way be enough to dismiss the case but he is at least hoping that the AG won't seek the death penalty....And the AG has to my knowledge not even said he was seeking the ultimate punishment (death).

 

[hollyblue]

I noticed in the motion to dismiss that AL Attorney said that he either wanted the case dismissed or the death penalty off the table...Seems to me this Attorney is well aware that this will in no way be enough to dismiss the case but he is at least hoping that the AG won't seek the death penalty....And the AG has to my knowledge not even said he was seeking the ultimate punishment (death).

Yep, it tells me the defense has no defense and has heard rumors of the evidence against AL. Just trying to agrue what little he has in doing his job.

Personally, I think prosecutors should consult with the family whether or not the death penalty should come in to play and I don't agree with the proscecution having access to attorney/client info. But, I''m not a practicing attorney and therefore don't have the real knowledge of how the system really works within itself. AJMO

 

[LaLaw2000]

AL has been around jails/prisons long enough to know that every inmate phone call out is recorded. He has also been around this particular jail long enough to know that if he were to want a private conversation with his attorney, all he had to do was ask the attorney to come see him at the jail. AND any attorney knows that an inmate shouldn't talk about his/her case on the jail phone.

Attorney/inmate mail is not opened. It is recorded that inmate so and so got legal mail, and the inmate has to sign for it.

There is absolutely no expectation of privacy in a jail or prison, and I am sick of hearing inmates whine about it. JMO

 

[hollyblue]

AL has been around jails/prisons long enough to know that every inmate phone call out is recorded. He has also been around this particular jail long enough to know that if he were to want a private conversation with his attorney, all he had to do was ask the attorney to come see him at the jail. AND any attorney knows that an inmate shouldn't talk about his/her case on the jail phone.

Attorney/inmate mail is not opened. It is recorded that inmate so and so got legal mail, and the inmate has to sign for it.

There is absolutely no expectation of privacy in a jail or prison, and I am sick of hearing inmates whine about it. JMO

Do you think this is just another dummkopf action of his, or a deliberate move for the defense to throw at the wall?

After taking a little glance on the internet, this seems to be an area of interest and debate in the legal circles now days. Agree that nothing should be so urgent as to talk about the minute details of the case over the phone.

And allthough very enlightening, trying the case in the public seems to take on a reality show mentality and works very well for the defense...it seems to me anyway. JMO

 

[LaLaw2000]

Do you think this is just another dummkopf action of his, or a deliberate move for the defense to throw at the wall?

After taking a little glance on the internet, this seems to be an area of interest and debate in the legal circles now days. Agree that nothing should be so urgent as to talk about the minute details of the case over the phone.

And allthough very enlightening, trying the case in the public seems to take on a reality show mentality and works very well for the defense...it seems to me anyway. JMO

Yes, I do. The defense really does not have a good defense, IMO. I honestly do not think the jail; did anything wrong at all. At most jails, the inmate jail phones are just automatically set up to record the calls. This is for security purposes.

All AL would have to do is send out an inmate request form stating he wanted to call his lawyer. He would be taken to an area where there would be a a landline phone, the officer would dial the number, then the inmate would be given privacy IF the call were to be to his attorney. JMO

 

[Portabella]

In jail the inmate can call his attorney privately, we shackle them to the wall and step out only watching them on monitor, all other calls go through the inmate pay phone system. But they do have a right to legal calls on the desk phone. The legal mail was opened by us at the jail level as well as at prison level, I worked both. However we could at no time read it, it was opened in the presence of the inmate, and we checked it for staples and paper clips then put it back in envelope and gave it to them. During a shakedown we could not read legal mail, however a big inmate game is to take a file folder or giant manilla envelope and label it as legal. I would go in, just flip through in search of contraband and then place back in the envelope. (Most all shakes are done in the presence of the inmates). Legal is a real pain in the backside....its a loophole and a fine line, but they will manipulate that rule and use it obviously, look what happened here.

 

[westsidefox64]

In jail the inmate can call his attorney privately, we shackle them to the wall and step out only watching them on monitor, all other calls go through the inmate pay phone system. But they do have a right to legal calls on the desk phone. The legal mail was opened by us at the jail level as well as at prison level, I worked both. However we could at no time read it, it was opened in the presence of the inmate, and we checked it for staples and paper clips then put it back in envelope and gave it to them. During a shakedown we could not read legal mail, however a big inmate game is to take a file folder or giant manilla envelope and label it as legal. I would go in, just flip through in search of contraband and then place back in the envelope. (Most all shakes are done in the presence of the inmates). Legal is a real pain in the backside....its a loophole and a fine line, but they will manipulate that rule and use it obviously, look what happened here.

Just to get this straight in my mind...If the inmate used the inmate pay phone system to call his lawyer it would be his fault it was recorded but if he used the desk phone and it was recorded it would be the jails fault ?

 

[westsidefox64]

I have a couple questions I hope can be answered. #1 I read something someone said came from Great Bend Tribune that I wanted to post but when I went there I have to pay for a subscription to access the site so can I post what I read and just say it came from there? #2 (not sure how to word this so I hope everyone understands me) With Six being the prosecuting attorney, can AJL come back and say his case about recording phone calls wasnt looked at like they should have been and have a case that would stand up in court? (hope that makes sense)

 

[hollyblue]

I have a couple questions I hope can be answered. #1 I read something someone said came from Great Bend Tribune that I wanted to post but when I went there I have to pay for a subscription to access the site so can I post what I read and just say it came from there? #2 (not sure how to word this so I hope everyone understands me) With Six being the prosecuting attorney, can AJL come back and say his case about recording phone calls wasnt looked at like they should have been and have a case that would stand up in court? (hope that makes sense)

You might ask Salem or one of the mods...telling her the Trib went subscripton only ....days after this story broke. I'd try keying in main words you remember from the comments along with GB, and Tribune and see if you get anything. You may just get the subscriber page to the Trib again, but I'd try. Good luck.

I've seen some papers have exclusive articles in the printed edition and a short story saying just that in the OL version. That really reeks...especially if you don't live in the area or have any locals posting here. We had someone local on Rachael Anderson's case, that would post a recap of the articles. Invaluable.

 

[Portabella]

I have no idea when push comes to shove. I just know Policy and Procedure was if an inmate put in for a legal call we would escort them, shackle them, dial for them and be sure attorney was available, then put them on and step out to monitor with no sound. The dayroom phones were for their use to call family, friends, etc.... those were the ones that were taped. And to be totally honest we did not listen to each and every one of them, not enough hours in the day. But we had them if we got a tip, and monitored them on a random basis.

Now in Prison again they would put in for legal call, either the Shift Commander would allow it from their office or a Case Manager. They could phone their attorney if they were on their calling list and if they had the CIPS to pay for the call. But again, if it was legal, we would realize it within less than fifteen seconds and back out. We also would allow clergy calls at times and calls in case of verifiable emergency.

 

[cathdawg]

Adam Longoria has been transferred to Segwick County Jail in Wichita.

https://ssc.sedgwickcounty.org/sheriffinmates/SheriffInmateSearch.aspx



So it looks like he was transferred to this Jail Sept 10 th. No Bond!


10J022887 9/10/2010 999 HOLD FOR BARTON COUNTY ACTIVE CHARGE HOLD $0.00 NO BOND

 

[cathdawg]

I wonder if he was transferred for protection reasons and/ or the recorded phone call fiasco.

 

[cathdawg]

Updated news on phone call recording.

http://www.kansas.com/2010/09/22/1505056/ag-six-recording-of-great-bend.html


Hmmmmm

The defense had also requested the court take protective measures to guard Longoria "against the corrosive effect on snitch testimony," according to court documents. The defense motion asked that any testimony from jail informants be heavily scrutinized and that efforts be taken to ensure no jailhouse informants "are created in this case to manufacture evidence for the state."

Read more: http://www.kansas.com/2010/09/22/1505056/ag-six-recording-of-great-bend.html#ixzz10MpQWMs5

 

[westsidefox64]

I wonder if he was transferred for protection reasons and/ or the recorded phone call fiasco.

JMO I would assume its for security reasons.

 

[cathdawg]

Lots of motions! STATE OF KANSAS VERSUS ADAM JOSEPH LONGORIA

http://www.kscourts.org/State-v-longoria/default.asp

 

[westsidefox64]

http://www.
Six, in his response, said in order for there to have been a constitutional violation under the Fifth Amendment, "the intrusion into the attorney-client relationship must be outrageous enough to shock the conscience of the court."

Six notes a constitutional violation is triggered when the state "becomes privy to confidential communications due to purposeful intrusion" into the attorney-client privilege relationship.

He doesn't dispute the call was recorded but said the "substance of the call" was Longoria's request to a staff member in his attorney's office that his attorney, Jeffrey Wicks, come to the jail to meet with him.

He also argued recording the call was a mistake and not purposeful, as the Barton County Sheriff's Office routinely monitors inmate phone calls and "steps were put into place to allow the defendant to make unrecorded calls to his attorney."



Read more: http://www.kansas.com/2010/09/22/1505056/ag-six-recording-of-great-bend.html#ixzz10Mu9xgOo

Read more: http://www.kansas.com/2010/09/22/15...2/1505056/ag-six-recording-of-great-bend.html

 

[hollyblue]

Lots of motions! STATE OF KANSAS VERSUS ADAM JOSEPH LONGORIA

http://www.kscourts.org/State-v-longoria/default.asp

Tons of motions. I'll come back a little later to read them all, but I did notice his attorney made a motion for no cameras in courtroom. . I hope that doesn't fly!

How did you find out about the transfer? Just sleuthing or is it mentioned somewhere? TIA Nice find CD.

 

[cathdawg]

hollyblue: found a post on GB Topix and then checked it out to see if it was true.

http://www.topix.com/forum/city/great-bend-ks/TFENT637IREIBQ630/p3


Post # 53 by 'saddened'