CNN Points Out Danger in Using Jail Phone in Domestic Violence Cases
This weekend, CNN did an excellent report demonstrating the dangers in using the jail phone - which records every conversation - in the context of weak domestic violence cases.
The article and braodcast was entitled Recorded calls keep inmates locked up
The gist of the report was simple... do NOT use the jail phone to talk to ANYONE about your case!
The why - is obvious -- domestic violence cases are defensible.. the alleged victim admits she lied -- or refuses to cooperate - or believes that a prosecution is not what she wants. The system continues to roll over the relationship - often resulting in the destruction of that relationship. This is exactly what the alleged victim does NOT want.
In weak domestic violence cases, the DA will "mine" these recorded calls looking for evidence of violations of no contact orders. intimidation of a witness, or tampering with witnesses. The latter two crimes are usually filed as new felony cases.
Despite repeated warnings posted on the walls of the jail - by the phone - by family and friends and by their attorneys - remarkably - those accused of domestic violence continue to make this terrible mistake.
Here is an excerpt from the article:
Amazingly, detainees keep calling from jail despite posted signs warning that their calls are being recorded. A taped messageat the start of each call also reminds them of monitoring. Some detainees use the phone as many as five times a day. Authorities estimate some inmates make hundreds of calls while waiting for their cases to come up.
"I guess they feel that in tens of thousands (of calls), theirs might be the one that doesn't get listened to, but all inmate calls are recorded," says Andrea Hall, who directs the intelligence unit for New York City's Department of Corrections.
Some detainees aren't exactly Einsteins.
Kessler says one man who apparently knew he was being monitored warned someone on the other end to speak in Spanish, thinking they wouldn't be understood. "We had one (mother) who said to her son, 'They may be listening.' And his response was 'Mom, they don't have time for this.' "
Yes, actually, they do. At the district attorney's office, prosecutors wearing headphones listen to hour after hour of admissible recordings. Calls to attorneys and clergy are exempt"
If you are in jail and you are accused of ANY crime PLEASE do NOT speak to anyone about your case except your lawyer!
Here is a link to help you understand the crimes of Tampering or Intimindation of a witness in Colorado:
