Judge blames defense lawyers for talk recorded by police, says they should have sought private room
An Indiana judge has refused a defense request to dismiss a manslaughter case because of an attorney-client conversation that was recorded by police and reviewed by a prosecutor.
Instead, LaPorte County Judge Kathleen Lang said former defense lawyers for John Larkin were to blame for the recording, because they failed to ask for a private room. She also refused to consider whether the recording violated state and federal wiretap laws, saying that “any violation of federal or state wiretapping law is a matter of criminal prosecution by the appropriate governmental agency,” the Chicago Sun-Times reports.
The conversation at issue between Larkin and his two lawyers took place at the LaPorte County jail, a few days after the death of Larkin’s wife in December 2012, according to the Sun-Times. Larkin reportedly agreed to have police record a conversation with him.
At one point, authorities left the room and the door was shut. However, the recording continued as Larkin and his lawyers spoke. Larkin’s new lawyers found out about it after a prosecutor reviewed it and submitted it to the defense, according to the newspaper.
Related coverage:
ABAJournal.com: “Judge axed evidence when cops took Fifth in lawyer-client eavesdropping; will she dismiss 2nd case?”
