Healea's lawyer requests dismissal of all charges, alleges violation of Sixth Amendment
The attorney representing a Mid-Missouri prosecutor who allegedly backed his pickup truck into a Columbia restaurant claims Shayne Healea's attorney-client privilege was violated after his arrest in 2014.
37-year-old Healea, who still holds his position as the Moniteau County prosecutor, allegedly backed his truck into a window at Addison's in downtown Columbia, apparently injuring four people October 25th, 2014.
According to the Memorandum of Law provided by the Shelby County Circuit Court, Healea's lawyer said the arresting officer tried to force Healea to speak with his attorney in the officer's presence. Healea refused.
The arresting officer then allowed Healea to speak with his lawyer in a holding cell at the Columbia Police Department. The officer apparently had the ability to watch the conversation electronically, both visually and audibly. The entire conversation was recorded, according to the memorandum.
The officer then applied for a search warrant for Healea's blood, and another officer five days later requested a search warrant for Healea's Facebook and cellphone records, according to the memorandum.
The officer was not named.
The memorandum, filed by Healea's attorney Shane Farrow, indicates the case file included a burned disc of their 15-20 minute conversation in the holding cell. The case file was given to the office of the Attorney General who later presented evidence to a grand jury that would indict Healea on his now pending charges.
On July 14th, 2016, the defense raised the issue of the State and its agents violating Healea's attorney-client privilege. Assistant Attorney General, Julie Tolle, denied the claim that day, according to Farrow.
"This most egregious invasion allowed police and the Attorney General the opportunity and ability to decide not only whether or not the pursue charges, but whether or not to pursue evidence through search warrants, what charges to file, the degree of charges to file, how to prepare witnesses for grand jury testimony, for suppression hearing testimony, for deposition testimony and trial testimony," wrote Farrow.
In an email, Nanci Gonder, Press Secretary of the Office of the Attorney General, told KRCG13 Julie Tolle will file a response to the motion within the next few weeks.
The Columbia Police Department wrote in an email to KRCG13 Thursday afternoon it does not comment on lawsuits, pending ordinances or pending laws.
Farrow wants all of Healea's pending charges to be dismissed.
"A defendant's right to counsel and a fair trial, guaranteed through the 6th Amendment, is likely the most sacrosanct tenet of our legal system as it exists today. To permit the government to intentionally invade the attorney-client relationship at the inception of an investigation, and then proceed to prosecute the individual whose rights were violated, would render the protections guaranteed under the 6th Amendment meaningless and constitute a miscarriage of justice," Farrow wrote.