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Prosecutors Are Reading Emails From Inmates To Lawyers
Posted on 7/23/14 at 9:48 pm
Posted on 7/23/14 at 9:48 pm
quote:
The extortion case against Thomas DiFiore, a reputed boss in the Bonanno crime family, encompassed thousands of pages of evidence, including surveillance photographs, cellphone and property records, and hundreds of hours of audio recordings.
But even as Mr. DiFiore sat in a jail cell, sending nearly daily emails to his lawyers on his case and his deteriorating health, federal prosecutors in Brooklyn sought to add another layer of evidence: those very emails. The prosecutors informed Mr. DiFiore last month that they would be reading the emails sent to his lawyers from jail, potentially using his own words against him.
Jailhouse conversations have been many a defendant’s downfall through incriminating words spoken to inmates or visitors, or in phone calls to friends or relatives. Inmates’ calls to or from lawyers, however, are generally exempt from such monitoring. But across the country, federal prosecutors have begun reading prisoners’ emails to lawyers — a practice wholly embraced in Brooklyn, where prosecutors have said they intend to read such emails in almost every case.
The issue has spurred court battles over whether inmates have a right to confidential email communications with their lawyers — a question on which federal judges have been divided.
quote:
“It’s very troubling that the government’s pushing to the margins of the attorney-client relationship,” said Ellen C. Yaroshefsky, a professor at the Cardozo School of Law.
Defense lawyers say the government is overstepping its authority and taking away a necessary tool for an adequate defense. Some of them have refused to admit even the existence of sensitive emails — which, they say, perhaps predictably, are privileged.
quote:
All defendants using the federal prison email system, Trulincs, have to read and accept a notice that communications are monitored, prosecutors in Brooklyn pointed out. Prosecutors once had a “filter team” to set aside defendants’ emails to and from lawyers, but budget cuts no longer allow for that, they said
LINK
Posted on 7/23/14 at 9:53 pm to Iowa Golfer
I am guessing failure to read some "fine print" is at play here.
Posted on 7/23/14 at 9:55 pm to Sentrius
Why is a criminal able to send emails from his jail cell? Is that something new?
Posted on 7/23/14 at 9:55 pm to Sentrius
Apparently federal prosecutors are big fans of the NSA.
Posted on 7/23/14 at 9:56 pm to Sentrius
Prosecutors don't care about justice, they care about winning cases.
Posted on 7/23/14 at 9:56 pm to Sentrius
That does not seem to be even remotely within the realm of fair play
Posted on 7/23/14 at 10:02 pm to Iowa Golfer
quote:
This is disturbing.
Agreed.
Posted on 7/23/14 at 10:04 pm to idlewatcher
quote:
Why is a criminal able to send emails from his jail cell? Is that something new?
No idea if it's new but the feds do it with their inmates. No idea if the states do it.
From the article...
quote:
All defendants using the federal prison email system, Trulincs, have to read and accept a notice that communications are monitored, prosecutors in Brooklyn pointed out. Prosecutors once had a “filter team” to set aside defendants’ emails to and from lawyers, but budget cuts no longer allow for that, they said
Posted on 7/23/14 at 10:08 pm to Sentrius
quote:
The issue has spurred court battles over whether inmates have a right to confidential email communications with their lawyers — a question on which federal judges have been divided
It's amazing to me that a judiciary could be divided.
Let's check the precedent. Letters are confidential, phone calls are confidential, in person visits are confidential.
Logical conclusion --> E-mails are fair game
What kind of mental gymnastics do you have to do to make that conclusion.
Posted on 7/23/14 at 10:10 pm to CountryVolFan
BTW... This will not stop until an honest DA prosecutors the ADAs doing this.
At the very least they need a Bar Association sanction.
At the very least they need a Bar Association sanction.
Posted on 7/23/14 at 10:45 pm to Sentrius
quote:
All defendants using the federal prison email system, Trulincs, have to read and accept a notice that communications are monitored, prosecutors in Brooklyn pointed out. Prosecutors once had a “filter team” to set aside defendants’ emails to and from lawyers, but budget cuts no longer allow for that, they said
Seems like a dick move, but in all fairness, if they knew what they were agreeing to, they should have known better than to incriminate themselves.
Posted on 7/23/14 at 10:47 pm to TerryDawg03
quote:
Seems like a dick move, but in all fairness, if they knew what they were agreeing to, they should have known better than to incriminate themselves.
When they make phone calls they get a similar warning, but attorney phone calls are protected and can't be used.
Posted on 7/23/14 at 10:48 pm to Sentrius
quote:
All defendants using the federal prison email system, Trulincs...
Friend of mine was in a federal prison and not only does he have to register but those he is communicating also have to register. They own the system. Hence, the idea is if we own it, then everything on it belongs to us.
Problem with that thought is, they own the postal service as well. Cannot read my mail though.
Do not like this. At all.
Posted on 7/23/14 at 10:58 pm to Sentrius
this was happening in Austin too
there prosecutors (via the cops) were also listening in on conversations inmates had with their attorney
there prosecutors (via the cops) were also listening in on conversations inmates had with their attorney
This post was edited on 7/23/14 at 10:59 pm
Posted on 7/23/14 at 11:04 pm to CountryVolFan
quote:"They're criminals, frick them."
What kind of mental gymnastics do you have to do to make that conclusion.
This is the default posture of pretty much every prosecutor, every worker in the correctional system, and most judges in places where judges are elected. That goes equally for inmates who are being tried on first impression, convicted and appealing, or convicted for good. Once you put that jumpsuit on the psychology is always against you.
This post was edited on 7/23/14 at 11:06 pm
Posted on 7/23/14 at 11:13 pm to Sentrius
quote:
Prosecutors once had a “filter team” to set aside defendants’ emails to and from lawyers, but budget cuts no longer allow for that, they said
Speaking just from an IT perspective, this is bs.
A few clicks of configuration and, voila, filtered!
Posted on 7/23/14 at 11:45 pm to Draconian Sanctions
quote:
this was happening in Austin too
Past tense I presume?
How'd they fix that?
Posted on 7/24/14 at 8:39 am to Sentrius
This post was edited on 3/26/15 at 1:24 am
Posted on 7/24/14 at 8:40 am to Sentrius
They should make a new statue of Lady Justice to place outside US courtrooms. She should have a pistol and have it placed executioner style next to the head of a kneeling prisoner.
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