[DV_listserv] Jail Phone Calls

[Domestic Violence issues]

Hi, Prosecutors:

Justin Nelson, the DA in Morrow County, has a question for the group re: using jail calls in trial. You can respond to me, Justin, or both of us. Thanks!

Justin's question:

In Morrow County we obtain copies of all of the jail phone calls used at the jail.  We provide these as discovery to defense counsel.

I have a trial set to start in 2 weeks, and defense counsel is now questioning the foundation for the jail calls.

I have not had an opportunity to use the jail calls in trial before, so I would like to know how other counties introduce the calls if defense counsel objects.

I planned on having a supervisor at the Jail testify that the calls are made at the jail, and recorded at the jail.  Defense counsel states that the jail staff member would not be the correct witness since the calls are all stored off-site by a private company (Telmate), so we should have to bring someone from Telmate.

The other option is to see if we can make the person on the other end of the call come and testify.  The calls I want to use are all calls to his girlfriend.  While I have the girlfriend under subpoena, I honestly do not know if she will come (she is having several mental health issues lately).

Any guidance you can provide would be greatly appreciated.

-Justin


*****CONFIDENTIALITY  NOTICE*****

This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system. 

************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20160204/5663d8eb/attachment.html>