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 Attorney’s Office in Woodruff ultimately did the honorable thing and recused itself from Woodruff’s prosecution,” Broden’s motion states. “The district judge even recused himself from presiding over Woodruff’s case to ensure that the attorney-client privilege remained sacrosanct.
But the case prosecutor ignored all this.
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You are reading a Def lawyer’s motion.
There is no prohibition against jail’s/Sheriff’s use of recordings in any way they saw fit. In the cited case, SA recused. There will be dozens of cases cited in the reply to the motion where SA did not recuse, as he has no duty to do so.
Notice Def counsel said SA “did the honorable thing.” He did not claim the SA was under any obligation to do so.
Def lawyer and Def stupidly spoke on an unsecured line. Now they are paying the penalty for such stupidity.