The judge presiding over the Casey Anthony Case ruled on Monday that the recorded conversation between one of Casey’s defense attorneys and a jailhouse snitch could be made public.
Judge Belvin Perry in his ruling on Monday denied the motion by defense attorney Jose Baez to keep the recorded telephone conversation he (Baez) had with Robin Lunceford, a jailhouse informant, sealed from the public.
In making his ruling, Perry said that “the recordings of phone calls by prison officials do not constitute counsel’s work product.” Moreover, the “work product” privilege or doctrine protects documents and papers of an attorney or a party in anticipation of litigation, Perry stated. “As such counsel may not lay claim to the statement of Robin Lunceford as work product because it is inarguable that he did not “produce” the recordings of the calls at issue; the prison did.”
Perry stated that since the recordings were made by the prison in accordance with its procedures, they constitute public records.
The judge goes on to state that “the calls consist solely of Robin Lunceford’s factual allegations regarding her contact with fellow inmate Maya Derkovic. Thus the contents of the recordings do not contain any protected opinion work product of counsel exempt from discovery.”
In denying the motion, Perry also noted that Baez was aware that the telephone conversations with Lunceford were being recorded. Baez had earlier claimed that he was unaware that the calls were being recorded, although he later reversed himself saying that he did not remember.
“There is no reasonable expectation of privacy in a telephone communication from jail where the inmate is warned that all calls are monitored or recorded”, Perry stated. “This principle is equally applicable to counsel’s claim. At the beginning of the call, counsel is warned by an automated message that the call was being placed from a correctional institution and was subject to monitoring and recording. This admonition is then immediately followed by a prompt press “1” to accept or “2” to decline the call.” Perry noted that immediately after those prompts, Baez accepted the calls and can be heard on the recording.
“Thus, there is no reason for counsel to believe that this call would be exempted from this warning”, Perry stated. “To the contrary, counsel’s affirmation act of pressing “1” to accept the call from an inmate in a correctional facility after being expressly warned that the calls were subject to monitoring and recording demonstrate his consent.”
Perry also pointed out in his ruling that Baez was warned by Lunceford herself that the call was subject to recording.
“Critically, she advises counsel of this fact before he makes any statements in response”, Perry wrote.
“Therefore, the Court find that there is simply no reasonable expectation of privacy where counsel is warned by both the automated messaging system and the witness that the calls are monitored and recorded”, Perry stated.
Based on the foregoing, Perry stated that, “The Defendant’s Motion for Protective Order Regarding a Telephone Recording of Robin Lunceford is Denied.”
It is not clear when the telephone conversations would be released to the public.
Lunceford, a career criminal, is serving a life sentence for bank robbery with a deadly weapon. Known to be a prolific informant, Lunceford has offered police information about murder defendants she meets in jail.
Casey Anthony is charged with first degree murder in the death of her two-year-old daughter, Caylee. She has maintained her innocence and has said that her daughter was was kidnapped by a baby sitter. The child’s remains were found in a wooded area near the Anthony family home, in December 2008. Anthony is in the Orange County Jail awaiting trial which is expected to commence on May 9, 2011.
