Read the story. Both lawyer and perp were notified call was being recorded before call took place.
Lawyer is doing everything he can to delay trial and to keep evidence from jury. One does not do that when one thinks he has chance at an acquittal.
It doesn’t matter if the client and lawyer were notified before the recording. You can’t tape and listen to an Attorney/Client conversation. Not anywhere in the USA. What these jerkwater Texans did was refuse a personal visit so they could tape the phone conversation. That is even worse. Look up State of NJ v. Sugar. Not sure of year(around 1981).
Read the story. Both lawyer and perp were notified call was being recorded before call took place.
Read the story again.
It was not the fact that the call was recorded. It was the fact that the Hunt County jail turned the call recording over to the prosecution. That was a no-no.
And this was so wrong that this happened.
In short, in the face of a serious breach of the attorney-client privilege, the Hunt County District Attorneys Office in Woodruff ultimately did the honorable thing and recused itself from Woodruffs prosecution, Brodens motion states. The district judge even recused himself from presiding over Woodruffs case to ensure that the attorney-client privilege remained sacrosanct.
But the case prosecutor ignored all this.