Murder Case Could be Thrown Out Over Recorded Phone Call
PASCO, Wash. -- Kurtis Chapman was standing in the Franklin County Jail booking room last Friday when he made a phone call to his attorney Matt Rutt. According to Rutt, they talked defense strategies and tactics. Chapman is the Pasco man accused of killing his 19-year-old pregnant ex-girlfriend Shenay Greenough.
Chapman, 22, was charged with second-degree murder and first-degree manslaughter for the baby, to be named Kyana. He pleaded not guilty Friday to both charges.
But now, Rutt said he will ask a judge to dismiss the entire case after he found out that a Pasco police detective listened in on, and made of a copy of, that jailhouse conversation he had with Chapman Friday night on the grounds that it violated Chapman's civil rights.
"I don't want the police listening in. Under no circumstances should they be eavesdropping on communication,' Rutt told KEPR Action News. "My personal opinion? I'm appalled at this. It hits you in the gut and almost makes you feel sick sometimes.
"Was this just simply a rogue police officer taking the laws into his own hands and saying 'I'm above the constitution? and I can go do my own thing because the ends justify the means here?' That argument has never been upheld in any court," Rutt continued.
In court Thursday, Franklin County Prosecutor Steve Lowe described how the detecive dubbed a copy of the tape, took it back to the Pasco police department and then called him around 9 PM Friday evening. Lowe said he told the detective to immediately destroy the tape and not to talk to anyone about the recording. He was removed from the case, as well as anyone else who knew about it.
"It's a pretty serious thing. I mean, we take our ethics very seriously, both in our county and the court system," Lowe said.
Lowe would not explain why the detective told him about the recording. "I really don't want to get into that violation."
Rutt believes someone at the jail tipped off the detective about the conversation, so the detective then went and listened to it and made a copy of it to give prosecutors an advantage, he said.
The judge could decide to dismiss the charges if it's ruled that listening to the conversation would taint evidence at trial. but Lowe insists he never heard the tape.
"Our office did not hear any conversations between Mr. Rutt and his client and I think that's the key from my perspective but that will be for the court to decide," Lowe continued. "We didn't gain any advantage, we didn't direct it, we didn't ask to listen in on Mr. Rutt's conversations, there's nothing like that."
So why was the detective listening in in the first place? Lowe told Action News that the detective was investigating whether Chapman was contacting witnesses from jail.
All calls by jail inmates are recorded and have a prompt that tells callers they're being recorded. By law, police officers can listen to those recorded conversations if they suspect inmates are conducting illegal activity. If officers want to listen to a recording or dub a copy of it, Franklin County jail officials said, all they have to do is ask. But, they said, it's up to the officers to decide what is a private conversation and what is not.
Rutt is adament that the detective listened in on a private conversation and argued he violated Chapman's Sixth Amendment rights.
"It's fascism. And that's what it essentially is," Rutt said. "When the police can go in and listen and say 'By god that right, that sacred Sixth Amendment right can be trampled upon because we think we can get some evidence to convict somebody', that's a real problem."
Rutt also said there should be a secured line for attorneys to receive calls from their clients without it being recorded or monitored. Jail officials told KEPR, there are secured lines. As long as attorneys give the jail staff their phone numbers, the jail will input those into their phone system and the recording will automatically turn off once that specific number is called.
In this case, they said Rutt's office number was in the jail phone system but not his cell phone, which is the one Chapman called Friday night. Rutt also argues he never heard a prompt telling him the jail was monitoring his conversation with Chapman.
"That's another issue: whether that was a private conversation or not when you call someone on a phone that was going to be recorded and monitored. Is that private conversation?" Steve Lowe questioned.
Rutt wants someone to be held accountable.
"I think there needs to be a real review done," Rutt explained. "I think the detective who listened in, he should be reviewed. I think his supervisor should be reviewed. I think the chief of police if he's endorsing this."
"Mr. Rutt can say what Mr. Rutt says. He can make that pitch to the chief," Lowe said, after Action News asked him if anyone should be held accountable for the recording.
Of course, KEPR also called Pasco Police for their side of the story. Chief Denis Austin said he was asked not to make a statement until the investigation was finished.
Benton County Prosecutor Andy Miller was called in by Steve Lowe to head that up the outside investigation into whether the detective violated Chapman's civil rights. He'll look in to such things as how the recording was acquired, what was in the recording and who the detective told about it.
"Now they've accused my client of murdering someone. Now that's bad..." Rutt explained at the end of our interview. "But when you trample on civil rights? Uh uh. They murdered the constitution is what they did."
Rutt expects to file his motion in the next two or three weeks.
As of right now, Chapman's trial is set for July 21.
Chapman, 22, was charged with second-degree murder and first-degree manslaughter for the baby, to be named Kyana. He pleaded not guilty Friday to both charges.
But now, Rutt said he will ask a judge to dismiss the entire case after he found out that a Pasco police detective listened in on, and made of a copy of, that jailhouse conversation he had with Chapman Friday night on the grounds that it violated Chapman's civil rights.
"I don't want the police listening in. Under no circumstances should they be eavesdropping on communication,' Rutt told KEPR Action News. "My personal opinion? I'm appalled at this. It hits you in the gut and almost makes you feel sick sometimes.
"Was this just simply a rogue police officer taking the laws into his own hands and saying 'I'm above the constitution? and I can go do my own thing because the ends justify the means here?' That argument has never been upheld in any court," Rutt continued.
In court Thursday, Franklin County Prosecutor Steve Lowe described how the detecive dubbed a copy of the tape, took it back to the Pasco police department and then called him around 9 PM Friday evening. Lowe said he told the detective to immediately destroy the tape and not to talk to anyone about the recording. He was removed from the case, as well as anyone else who knew about it.
"It's a pretty serious thing. I mean, we take our ethics very seriously, both in our county and the court system," Lowe said.
Lowe would not explain why the detective told him about the recording. "I really don't want to get into that violation."
Rutt believes someone at the jail tipped off the detective about the conversation, so the detective then went and listened to it and made a copy of it to give prosecutors an advantage, he said.
The judge could decide to dismiss the charges if it's ruled that listening to the conversation would taint evidence at trial. but Lowe insists he never heard the tape.
"Our office did not hear any conversations between Mr. Rutt and his client and I think that's the key from my perspective but that will be for the court to decide," Lowe continued. "We didn't gain any advantage, we didn't direct it, we didn't ask to listen in on Mr. Rutt's conversations, there's nothing like that."
So why was the detective listening in in the first place? Lowe told Action News that the detective was investigating whether Chapman was contacting witnesses from jail.
All calls by jail inmates are recorded and have a prompt that tells callers they're being recorded. By law, police officers can listen to those recorded conversations if they suspect inmates are conducting illegal activity. If officers want to listen to a recording or dub a copy of it, Franklin County jail officials said, all they have to do is ask. But, they said, it's up to the officers to decide what is a private conversation and what is not.
Rutt is adament that the detective listened in on a private conversation and argued he violated Chapman's Sixth Amendment rights.
"It's fascism. And that's what it essentially is," Rutt said. "When the police can go in and listen and say 'By god that right, that sacred Sixth Amendment right can be trampled upon because we think we can get some evidence to convict somebody', that's a real problem."
Rutt also said there should be a secured line for attorneys to receive calls from their clients without it being recorded or monitored. Jail officials told KEPR, there are secured lines. As long as attorneys give the jail staff their phone numbers, the jail will input those into their phone system and the recording will automatically turn off once that specific number is called.
In this case, they said Rutt's office number was in the jail phone system but not his cell phone, which is the one Chapman called Friday night. Rutt also argues he never heard a prompt telling him the jail was monitoring his conversation with Chapman.
"That's another issue: whether that was a private conversation or not when you call someone on a phone that was going to be recorded and monitored. Is that private conversation?" Steve Lowe questioned.
Rutt wants someone to be held accountable.
"I think there needs to be a real review done," Rutt explained. "I think the detective who listened in, he should be reviewed. I think his supervisor should be reviewed. I think the chief of police if he's endorsing this."
"Mr. Rutt can say what Mr. Rutt says. He can make that pitch to the chief," Lowe said, after Action News asked him if anyone should be held accountable for the recording.
Of course, KEPR also called Pasco Police for their side of the story. Chief Denis Austin said he was asked not to make a statement until the investigation was finished.
Benton County Prosecutor Andy Miller was called in by Steve Lowe to head that up the outside investigation into whether the detective violated Chapman's civil rights. He'll look in to such things as how the recording was acquired, what was in the recording and who the detective told about it.
"Now they've accused my client of murdering someone. Now that's bad..." Rutt explained at the end of our interview. "But when you trample on civil rights? Uh uh. They murdered the constitution is what they did."
Rutt expects to file his motion in the next two or three weeks.
As of right now, Chapman's trial is set for July 21.
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