Posted 10:28 PM 10/11/2011 : Update: Carrier, attorney angry over recorded calls
Former CSPD officer and suspected child molester Joshua Carrier and his attorney are angry over calls between the two they say were recorded at the El Paso County Detention Center.
In Court Tuesday, Carrier's attorney, Denver based Christopher Decker, said when he asked the DA's office for Carriers jailhouse phone calls, he found several recorded conversations between he and Carrier, which is illegal. Decker was concerned that other people in the DA's office had heard the recordings.
We took the complaint to El Paso County Detention Bureau Chief Paula Presley. "We are investigating it." she says, "But what we suspect happened is that Mr. Carrier's attorney is located in Denver. We had no way of knowing that that particular phone number belongs to an attorney."
Jail policy is to record all phone calls between inmates and the general public. But it's illegal to record any legal calls an inmate makes. Presley says the jail is careful to never record these types of conversations. "The policy for attorneys is that those phone numbers are shut down. They cannot be recorded or monitored." she explains.
Both Carrier and Decker say they did disclose Decker's phone number. The jail says that didn't happen. "In this case I did speak with the administrator of our phone systems." explains Presley, "She stated she had not received a phone call from his attorney and therefore that particular phone number was not shut down."
Even if the number slipped through the cracks, Chief Presley says both men knew exactly what was happening. "The first time an inmate makes a phone call to a particular number a recording comes on. It states that this phone call may be monitored or recorded." she says.
After we went to Presley she went to Carrier to get his side of the story. She tells us while he did inquire about making free phone calls to Decker, he never disclosed the attorney's number to jail staff.
This afternoon in court the judge did immediately seal all of the carrier phone calls and he ordered the prosecution to "build a wall" between themselves and anybody at the district attorney's office who may have listened to the conversations between carrier and his attorney. In either case none of the recorded conversations between the 2 could be used as evidence.