NASHVILLE, Tenn. (WSMV) – The Nashville District attorney’s Office is under fire for secretly recording defense attorneys, visitors and even the DA’s own staff without them knowing. Local attorneys told WSMV4 Investigator Courtney Allen that the biggest concern is whether the confidential communications recorded were used against defendants in trial.
The Tennessee Comptroller said cameras inside the District attorney’s Office recorded criminal defense attorneys reviewing evidence in pending criminal cases. Attorneys did not know or consent to being filmed. Local attorney JR Glover said it is troubling. “It raises an ethical concern,” Glover said.
The investigative report into the DA’s Office alleges that cameras often captured privileged, confidential information being discussed, including statements made by defendants and defense strategies. The report said those recordings were then handed over to prosecutors handling the criminal case.
“It raises serious concerns about whether privileged and protected information was used in prosecutions by assistant district attorneys,” Glover said.
Wednesday, District attorney General Glenn Funk said neither he nor his office committed any crimes or broke any laws. Tennessee attorney General Jonathan Skrmetti said he will not be pursuing criminal charges against the DA’s Office, citing lack of evidence. Skrmetti did say in a letter that he is still “particularly troubled by the audio recording functionality in places where defense attorneys converse with their clients.”
“Is there going to be transparency about notifying these defendants and attorneys about whether their attorney was recorded,” Glover asked.
The DA’s Office said they will continue their mission to support victims and hold offenders accountable. Meanwhile, Glover believes the report calls into question the integrity of prosecutors. Glover said he could see people trying to get cases thrown out. “It is possible,” Glover said. “I think it is going to depend on what was recorded and how it was used.”
“If I were a defense attorney, I may even ask the court to reconsider the conviction or file an appeal,” John Dunn with the Comptroller’s Office said.
“Although the AG’s Office has ruled out a prosecution at this time, there are other avenues for prosecution to still continue,” Dunn said. “The District attorney General could recuse himself here and ask for a District attorney Pro Tem to be appointed by the District attorney General’s Conference. That is another avenue that could result in reviewing some of the evidence in this case. We have also shared our report with the Board of Professional Responsibility which oversees attorneys in the state of Tennessee. That is another avenue where potential fallout from an investigation like this could occur.”
AG Skrmetti’s letter can be found below:
attorney-general-skrmetti-closure-letter-p1-xlarge.gif?ts=1727303046″ alt=”Page 1 of attorney General Skrmetti closure letter” style=”max-width:100%;height:auto;margin:0.5em 0;border:1px solid #ccc;-webkit-box-sizing:border-box;box-sizing:border-box;clear:both”/>
The District attorney’s Office released the following statement:
“We appreciate attorney General Skrmetti’s prompt response to the Comptroller’s report. This matter is now at an end. As General Funk has always stated, neither he nor his office has committed any crimes or broken any law. This office will continue our mission to support victims, hold offenders accountable, and keep Nashville Safe.”
The Nashville Public Defender’s Office said it is ‘deeply troubled’ by the report. Their response can be found below:
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