OAKLAND — The Alameda County Sheriff’s Office secretly recorded a privileged conversation between a juvenile crime suspect and his attorney, according to the public defender’s office, and it may have done so in other cases stretching back to Jan. 1.
On Monday, Public Defender Brendon Woods filed a motion to block the sheriff’s office from continuing the practice, which is already illegal. Meanwhile, the district attorney’s office is reviewing every juvenile case the agency has submitted this year.
“In our view, the best way to end this pernicious and potentially endemic practice is to issue a standing order barring the Sheriff’s Department from eavesdropping upon privileged communications between defendants and their attorneys,” the motion states.
A hearing is set for Friday, according to the San Francisco Chronicle, which was the first to report the story.
The alleged wrongdoing was exposed when prosecutors gave the suspect’s attorney body-worn camera footage involving Sgt. James Russell and a recording from the interview room at the Eden Township substation that captured the privileged conversation.
In the footage, Russell appears to tell Lt. Timothy Schellenberg he has been making similar recordings since Jan. 1, when a new law took effect requiring crime suspects 15 years old and younger to consult with an attorney before being interrogated by police.
“The recorded conversation between Sergeant Russell and Lieutenant Schellenberg plainly shows that the Sheriff’s Department is engaged in an ongoing practice of recording privileged attorney-client conversations,” the motion states. “Equally troubling is that fact that at least some members of the sheriff’s department believe that recording such conversations is permissible and can be used as an evidence gathering tool.”
The case against the juvenile was dismissed when the footage and the recording came to light, said sheriff’s office spokesman Sgt. Ray Kelly, adding that others are being reviewed.
“Based on my understanding, I don’t think there will be a tremendous amount of cases to be reviewed,” he said, “but they all need to be reviewed.”
Sheriff’s office employees are receiving additional training, said Kelly, who declined to comment when asked if Russell and Schellenberg were facing any discipline.
“We are taking these allegations very seriously,” he said. “We have an obligation to protect attorney-client privilege.”
In a statement to the Chronicle, district attorney’s spokeswoman Teresa Drenick said the agency has pulled all juvenile cases, charged or not, submitted by the sheriff’s office this year.
“Our review of the matters is ongoing,” she wrote. “Upholding the Constitution is the highest priority of this office, including protecting the attorney-client privilege. We will complete our investigation and make any decisions about potential criminal conduct at that time.”
Check back for updates.