Source: prisonlegalnews.org 8/15/24
On January 23, 2024, the Washington Court of Appeals sent the case of a state prisoner back to the trial court that convicted him of second-degree domestic violence rape and assault, finding the counts must be dismissed or retried because officials at the jail where he was detained pretrial eavesdropped on his privileged communications with his attorney. In its ruling, the Court reaffirmed that when a state actor violates a defendant’s Sixth Amendment right to counsel by breaching the attorney-client privilege, prejudice is presumed and the state must prove the absence of prejudice beyond a reasonable doubt.
After Anthony Lynn Couch was detained at the Grays Harbor County Jail in October 2021 for the alleged assault of his former girlfriend, he learned that phone calls to his attorneys, Christopher Swaby and Ruth Rivas, were recorded. Moreover, his video conferences with the attorneys were recorded, too, and his legal mail from them had been opened in his absence. Couch ceased communicating with his attorneys, and they filed a motion to dismiss his charges based on government misconduct, pursuant to Criminal Rule 8.3(b).
At least in regard to the phone calls, to claim that they weren’t listened to should beg the question, then what the hell is the point of recording them?
And I don’t buy that they weren’t for one minute.
It’s an intrusion. PERIOD. Whether video, audio, or both recorded and watched/listened to or not, it’s an intrusion on his rights. There’s no exception for it when it comes to evidence. PERIOD. They knew what they were doing in that county and wanted to push to ensure a conviction with dirty means at play. The DA should resign, all county LE involved should resign, and so should the judge. This is one reason (outta how many?) why the legal system (not even close to justice) isn’t trusted.
Read the last section first, and see if it’s with your time to see how I got there. 😁
“….prejudice is presumed and the state must prove the absence of prejudice beyond a reasonable doubt.”
Welcome to PFRdom Grays Harbor County Jail!
We should not only presume prejudice, we should also presume that they have done this before, possible hundreds of times, and they will always be a Frightening and High Risk of doing so again! In addition, we should not limit these presumptions just to the Grays Harbor County Jail, but in apply these presumptions to all jails that have ever engaged in anything remotely similar to this at any point in time. We should also be as all inclusive with the “remotely similar” idea as possible!
Yes, indeed, presume that all have and will continue to engage in this, and possibly more egregious behaviors, forever and that there is no possibility that this can ever change under any circumstances. Indeed, apply all presumptions universally and eternally with the further presumption that all applied presumptions are unquestionably accurate! Do this until….
…proven to be false beyond a reasonable shadow of doubt, by providing evidence to a Court that may, or may not, allow your to enter the evidence you wish to use as proof of an argument against these presumptions, that the court may or may not choose to listen to, based on Courts opinion as to whether it is, or is not, appropriate for them to entertain the notion that the presumptions could be false, when compared to the right of the State to speculate that they are fact without the interference of the Judiciary. Sooooooo, good luck with that.
Once again, welcome to PFRdom! If it’s fair to do this to PFRs, it’s fair to do to you! If it’s unfair to do this to you …😁