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Judge Orders Jail To Modify Their Security Measures Does Toledo's Attorney Have Legitimate Concerns Regarding Attorney-Client Privacy? |
February 12, 2014 |
Attorney-Client Privacy
During a February 3, 2014 hearing, Circuit Judge Margaret Hudson denied a motion by Luis Toledo's attorney to have him released from jail on his own recognizance. However, Judge Hudson did order the Volusia County jail to modify their security measures in order to grant more privacy between Toldeo and his attorney.
It is suggested that our readers watch the WESH-TV video report for further particulars. To Stop Music Video J.Geils Band - Freeze Frame |
To Review WESH Article PDF COPY - Order Denying Release From Custody (ROR) |
Does Toledo's Attorney Have Legitimate Concerns? VolusiaExposed was able to secure, via a public record request, the jail security video of a January 17, 2014 visit by Toledo's attorney. One of the first things we noticed was that the video had obviously been redacted / edited. In the redacted video we were provided, the jail officers never moved right up to the interview door, as alleged by the attorney. Due to the redacted / edited security video - we can not confirm the attorney's allegations that the jail officers were approaching the interview door. However, we can confirm that others, to apparently include the jail's warden, DID approach the interview room's door. |
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Security Video Supports That Jail Administrative Staff Walk Within Inches Of The Interview Room. During the February 3, 2014 hearing - Jail Warden, William McClelland testified as a witness for the State Attorney's office. Based on the testimony given at that hearing, Judge Hudson agreed that there were some legitimate concerns regarding attorney-client privacy issues. In her order, Judge Hudson ordered that jail officers maintain their observations from the maximum distant from the interview room door, and immediately report to Toledo's attorney if they can hear conversation from the interview room. The judge ordered that at a minimum the observing jail officers must post themselves on the back wall of the interview room hallway. VolusiaExposed requested from county officials the width of the jail interview room hallway. In an email response, County Spokesman, Dave Byron informed us that this information could not be release due to security concerns. Based on the attached security video - we have estimated the hallway at approximately ten (10) feet wide. As is supported by the jail security videos - this particular hallway is heavily travelled. Further, due to how narrow it is, anyone travelling the hallway must walk between the posted jail officers and the interview room, placing them within inches of the interview room door. We (VolusiaExposed) invite our readers to watch the attached jail security video, and watch how close Jail Warden McClelland, and then a jail nurse also walks past the Toledo interview room. According to the judge's order - the observing guards must knock on the door and advise Toledo's attorney should they become able to overhear their conversations. VolusiaExposed wonders whether that judicial order is also enforceable on other jail staff and jail inmates, that are funnelled to walk within inches of the interview room? Obviously those folks are in a much better position / location to overhear any conversations coming out of the interview room. |
Jan. 17, 2014 Directly Outside Jail Interview Room Jan. 17, 2014 Directly In Front Of Interview Room Jan. 17, 2014 |
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