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To: Yaelle
"Am I the only one scared to death that Geragos will find some loophole to get Scaughty off completely because of the taping of the client-attorney calls?? This scares me. What is the farthest Geragos can go with this? What if some (barely) priviledged communication WAS taped? Could Scaughty walk? I would rather die than see that Grinchy smirk on that guy, walking free."

Why do you say "(barely"). Calls such as the ones at issue would be privileged, period.

That being said, it's not uncommon that client / attorney calls are monitored or taped (hopefully not both :) - how could it be otherwise? It takes a while to be able to identify the voices, since the parties don't always identify themselves. LE usually just turns on the tape recorder, they don't typically monitor the calls 24/7, esp a small dept like the MPD. However, the reports of the MPD taping 'only 2 calls' of the 69 calls logged between Scott & his attorney would seem to indicate that they were monitoring the calls.

Just because the calls are taped / monitored doesn't present a problem for the prosecution, or a real opening for the defense.

The trick, for LE, is to not use any information that they gain from those taped calls. The defense will have every syllable of those calls memorized, and if any info from them appears in court, the prosecution will have to demonstrate that it came from a source other than the tapes.

Where the prosecution can get in real trouble is trying to conceal which / how many cals they have taped. Not suggesting these guys would do it, but all hell will break lose if they try to cover up some tapes.

112 posted on 05/28/2003 4:56:47 PM PDT by Ready4Freddy
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To: Ready4Freddy
Thanks for your response. So it would seem that there is really nothing to worry about by having had the privileged calls taped. I am sure that the prosecution has enough evidence for their case without having to rely on anything Scotty would have said to his attorney on the phone. Good.
175 posted on 05/28/2003 9:50:14 PM PDT by Yaelle
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