New policy says Polk County sheriff can listen in on inmates' calls to attorneys

Defense lawyers say taxpayers will pay the price

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Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Posted: 06/22/2010

POLK COUNTY, Fla. - Polk County public defenders say if the sheriff starts eavesdropping on their calls, tax payers of Polk County and the state are going to be responsible for the multimillion dollar bill.


Attorney Rex Dimmig with the public defender's office says that Sheriff Grady Judd isn't just violating the constitution; he is going to punish the tax payers, too.


"The tax payers of Polk County are going to be responsible for any increased costs that come from our using other electronic means to communicate with the jail," Rex Dimmig, a Polk County public defender said.


Beginning July 1st, any phone conversations between inmate and attorney can be used against the inmate in court. Dimmig says the 50 attorneys get about 600 calls a day.


He also says he will fight the new policy.


Dimmig says he plans to sue the sheriff, but for now, his alternative is to ask the county for money to pay for the extra video conference links that still remain private. He also plans to ask the state for an extra two million dollars in gas for visiting the more than 25,000 inmates.


However, Polk County Sheriff Grady Judd says the policy will not create a burden on tax payers.


"First off, it's not going to cost any more money, there won't be any more money put in any budgets for this. Second, it's no further to the county jail for their lawyers than it is for my detectives," says Judd.


The sheriff says he's abiding by the law. In fact, a recent Supreme Court ruling says if an inmate is told about the recording, it is considered legal.

Judd says he spoke to many inmates who told him they were relieved to hear they will now get to meet their attorneys before their court date.


Judd also admits that he is now getting complaints from inmates that their lawyers are lazy.


The sheriff says he isn't denying the inmate their right to counsel, but if they say something illegal, he will use it against them.


The state attorney's office says that as of July 1, they will consider all calls made via the jail house recording system as potential evidence.

Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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