From Deseret News archives:
Lawyers accused of eavesdropping
During legal arguments in U.S. District Court on Wednesday, defense attorney Ed Wall said federal prosecutors and agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives violated his client's constitutional rights when they received copies of audio recordings from the Weber County Jail. The recordings not only included conversations Zajac had with family and friends but also with his attorneys.
The U.S. Attorney's Office for Utah said it subpoenaed the recordings from the Weber County Jail, who did not sort out the phone conversations, but denies it listened to the compiled disk.
Wall said prosecutors could have requested in their subpoena to omit attorney-client conversations from the recordings but did not do so. He called it "an intentional act" by the government to violate his client's constitutional rights.
Assistant U.S. Attorney Carlos Esqueda blamed the Weber County Jail's policies for not sorting out phone calls but denied his office listened to the recordings. Esqueda said jail staff cannot tell just by the phone number if the person called is a family member or an attorney unless the inmate says something. In this case, he said Zajac did not request confidential phone calls even though there is posted notice at the jail that all calls are recorded.
Wall called Esqueda's denial of listening to the phone conversations as a "wolf guarding the hen house."
Kimball took the arguments under advisement and says he will issue a written ruling on Zajac's motion to have the criminal charges against him dropped.
Zajac is charged with possessing an explosive device in an attempt to damage or destroy a building, violent crimes, making threats to use explosives among other charges.
If convicted, Zajac faces a mandatory 30 years, up to life, in prison.
E-mail: gfattah@desnews.com
Comments
- Lakers booed at home in loss 12:53 a.m.
- Big games keep UHSAA coffers full 12:51 a.m.
- TCU stuck at fourth in BCS 12:50 a.m.
- Students from abroad come to Utah 12:26 a.m.
- Sports on the air 12:18 a.m.
- Sports briefs 12:17 a.m.
- Editorial: Red flags at Fort Hood 12:14 a.m.
- Rid Capitol Hill of 'roaches' 12:14 a.m.
- Health proposal not 'reform' 12:14 a.m.
- Afterthoughts 12:14 a.m.
- BYU happy to escape with victory
230 - TCU creams U.
225 - Editorial: Mormons and gay rights
206 - Will state consider gay rights law?
149 - Can BYU root for (ick) Utah Utes?
131 - RSL heads to MLS title game
125 - Utes remain silent about BCS
120 - Celtics crush Jazz
104 - TCU stays 4th in AP; Y. 19th, U. 23rd
97 - 3A: Hurricane advances to title game
88
Sears is holding a special VIP night Sunday, Nov. 15, in stores and online.
How do you handle kids and contests? Our oldest daughter, 7, is of the...
No, students are NOT safe from predators. If a parent wants to make sure...
If you really think Mormon's are mainstream, you must not have paid attention...
I don't see the schools presidents voting to get rid of WYM or NM, even...
why people complain about how football is covered by the media too much. when...
A little perspective is not a bad thing. Notice the Cougar's won loss record...
I actually was encouraged by some aspects of the game. Any Utah fan who has...
A story about Mormons as minorities? In this paper? Get over the "victim"...
she was an awesome woman someone i looked up to when i was younger she was...
Wow you just made one of the dumbest comments I've heard yet. Fire Bronco????...
Re: Huh?, You like many other haters are probably oblivious to many obvious...


You can be the first to comment on this story.