Eavesdropping violated inmate’s rights, judge rules

YAKIMA – A Yakima County judge has dismissed several charges against a man who was held in the county jail, finding that his constitutional rights were violated when the prosecutor’s office and a sheriff’s detective listened to recorded phone calls between the inmate and his lawyer.

Superior Court Judge Douglas Federspiel ruled Wednesday that Daniel Woolem’s attorney-client privilege was violated. The judge granted a motion to dismiss several felony drug and stolen property charges.

Prosecuting Attorney Jim Hagarty didn’t immediately return phone calls seeking comment, the Yakima Herald-Republic reported.

Former Yakima County prosecuting attorney and retired U.S. Attorney Jeff Sullivan had been brought in to determine the facts of the case. The judge ruled after reviewing Sullivan’s report and listening to two days of testimony.

“Under the limited, unique and specific facts of this case based upon this record, it is the court’s opinion that of the available remedies, the only meaningful and appropriate remedy that addresses the violation of the defendant’s right to counsel is the dismissal of the pending charges against Mr. Woolem,” Federspiel wrote in his order.

Officials disclosed last summer that there was eavesdropping on calls in May 2011 between Woolem and his attorney at the time, Tim Schoenrock.