Judge may allow video of paralegal at trial of 3 lawyers accused in DUI setup of opposing counsel
A judge overseeing a legal ethics trial against three Florida lawyers accused of helping to orchestrate the drunken-driving arrest of a trial opponent gave short shrift on Friday to an argument that the case should be dismissed because of the state bar’s reliance on an allegedly illegal cellphone video of a paralegal taken by her then-husband.
Pinellas-Pasco Senior Judge W. Douglas Baird refused to suppress the video at this point, leaving undecided whether it will be admitted at trial, the Tampa Bay Times reports.
However, Baird ruled that the former husband of a paralegal at the center of the case can testify at trial about what he says his then-wife admitted after returning home from a night of drinking with an opposing attorney then at trial against her law firm. Regardless of whether the video taken by Kristopher Personius of Melissa Personius is admitted, he can recount to the court what she said, Baird held.
“The issue quite clearly here is that the bar has violated the law, and has so infected these proceedings,” argued attorney Greg Kehoe, contending that Kristopher had clearly violated the state’s two-party consent law by taking the video. Kehoe represents defendant attorneys Stephen Diaco, Robert Adams and Adam Filthaut.
The judge disagreed, WFTS reports.
“Just calling it illegal doesn’t make it so,” said Baird. “I don’t think the bar, under the circumstances, has done anything improper whatsoever.”
The legal ethics trial is expected to begin Monday.
Related coverage:
ABAJournal.com: “Lawyers accused of DUI setup of opposing trial counsel fight to suppress video of paralegal”
