All Alameda County Juvenile Cases This Year May Be Tossed Out

ALAMEDA COUNTY, CA —All criminal cases involving juveniles submitted this year in Alameda County are being reviewed after the county Public Defender's Office provided evidence that sheriff's deputies have been recording confidential conversations between juvenile suspects and their defense attorneys.

One case has already been thrown out because of the revelations, according to the Alameda County District Attorney's Office.

Eavesdropping on confidential attorney conversations is a felony under California law punishable by up to three years in prison. District attorney's spokeswoman Teresa Drenick said her office is investigating
whether criminal charges are warranted.

"Our review of the matters is ongoing," Drenick said in an email.

"Upholding the Constitution is the highest priority of this Office, including protecting the attorney/client privilege."

Public Defender Brendon Woods revealed Monday that his office had obtained evidence that deputies with the Alameda County Sheriff's Office have been recording conversations between public defenders and juvenile suspects in custody.

Woods filed a motion in a juvenile case asking an Alameda County Superior Court judge to order the sheriff's office to cease all recording of privileged communications with defense attorneys.

According to the motion, the public defender's office obtained body camera footage of a conversation between deputies as part of evidence turned over in a criminal case.

In the video, which was attached to the motion, sheriff's Sgt. James Russell tells Lt. Timothy Schellenberg that he has been recording conversations between attorneys and clients at the Eden Township Substation in San Leandro.

"What if he decides to molest them in there, then we're on the hook," Russell said, apparently justifying the practice.

"How is that not privileged information?" Schellenberg asks.

"Well it is, but then it just doesn't get admissible," Russell said.

"The recorded conversation between Sergeant Russell and Lieutenant Schellenberg plainly shows that the Sheriff's Department is engaged in an ongoing practice of recording privileged attorney-client conversations," the motion stated. "This appears to be felony misconduct."

The motion says that Woods sent a letter to Sheriff Gregory Ahern on July 30 asking him to stop recording attorney-client conversations, pointing out that the practice is illegal under California law. The public defender's office says Woods did not receive a response.

A spokesman for the sheriff's office did not immediately respond to a request for comment today.

— Bay City News; Image via Shutterstock