A disagreement between Spokane County prosecutors and a man facing a felony harassment charge over a 911 call recording costing $17 was decided by a three-member panel of the Washington state Court of Appeals this week.
"Neither party, out of principle, will budge one cent," wrote Judge George B. Fearing in a decision handed down Thursday. The court ordered Daniel Lee Brown must pay the fee to get a copy of the phone call that sent him to jail on suspicions he'd threatened to kill his girlfriend's new beau in January 2012.
Brown had argued his requirement to pay for the record violated his state constitutional rights as a criminal defendant. Prosecutors countered Brown filed his appeal of a trial court order "to make a point" and asked rhetorically, "is the defendant entitled to get anything he wants for free?"
Brown is fighting accusations he sent text messages to an ex-girlfriend who was staying with another man at his apartment. The man called police, a recording which has prompted the latest legal challenge. Brown was arrested outside the apartment complex and found with two firearms, including a loaded handgun in Brown's pants pocket. Brown admitted to police he'd sent threatening text messages, according to court documents.
Fearing and two colleagues sided with prosecutors and threw out Brown's request to dismiss the case or suppress the recordings at trial. Brown's trial was put on hold in June 2013 to give the appellate court time to reach a decision. He is not in custody, according to jail records.